THE    WORKS 


OF 


HUBERT  HOWE  BANCROFT 


THE   WORKS 


OF 


HUBEKT  HOWE  BANCROFT 


VOLUME   XXX 


HISTORY   OF   OREGON 

VOL.  II.     1848-1888 


SAN    FRANCISCO 
THE   HISTORY   COMPANY,   PUBLISHERS 

1888 


Entered  according  to  Act  of  Congress  in  the  Year  1888,  by 

HUBERT   H.   BANCROFT, 
In  the  Office  of  the  Librarian  of  Congress  at  Washington. 


All  Rights  Reserved. 


CONTENTS  OF  THIS  VOLUME. 


CHAPTER  I. 

CONDITION   OF  AFFAIRS. 

1848. 

PAGE 

Population — Products — Places  of  Settlement — The  First  Families  of  Ore 
gon — Stock-raising  and  Agriculture — Founding  of  Towns — Land 
Titles — Ocean  Traffic — Ship-building  and  Commerce — Domestic 
Matters:  Food,  Clothing,  and  Shelter — Society:  Religion,  Educa 
tion,  and  Morals— Benevolent  Societies — Aids  and  Checks  to  Prog 
ress — Notable  Institutions— Character  of  the  People 1 

"  v  v*' 

CHAPTER  II.  * 

EFFECT   OF  THE  CALIFOENIA   GOLD  DISCOVERT. 

1848-1849. 

The  Magic  Power  of  Gold — A  New  Oregon — Arrival  of  Newell — Sharp 
Traffic — The  Discovery  Announced — The  Stampede  Southward — 
Overland  Companies — Lassen's  Immigrants — Hancock's  Manuscript 
— Character  of  the  Oregonians  in  California — Their  General  Suc 
cess — Revolutions  in  Trade  and  Society — Arrival  of  Vessels — In 
crease  in  the  Prices  of  Products — Change  of  Currency — The  Ques 
tion  of  a  Mint — Private  Coinage — Influx  of  Foreign  Silver — Effect 
on  Society — Legislation — Immigration * 42 

CHAPTER  III. 

LANE'S  ADMINISTRATION. 

1849-1850. 

Indian  Affairs— Troubles  in  Cowlitz  Valley— Fort  Nisqually  Attacked— 
Arrival  of  the  United  States  Ship  Massachusetts — A  Military  Post 
Established  near  Nisqually — Thornton  as  Sub-Indian  Agent — Meet 
ing  of  the  Legislative  Assembly — Measures  Adopted — Judicial  Dis 
tricts — A  Travelling  Court  of  Justice — The  Mounted  Rifle  Regiment 
— Establishment  of  Military  Posts  at  Fort  Hall,  Vancouver,  Steil- 
acoom,  and  The  Dalles — The  Vancouver  Claim — General  Persifer  F 
Smith — His  Drunken  Soldiers — The  Dalles  Claim — Trial  and  Execu 
tion  of  the  Whitman  Murderers 66 

(IX)   ' 


x  CONTENTS. 

CHAPTER   IV. 

A  DELEGATE  TO   CONGRESS. 

1849-1850. 

PAQB 

The  Absence  of  Judges — Island  Mills — Arrival  of  William  Strong— Oppo 
sition  to  the  Hudson's  Bay  Company — Arrest  of  British  Ship  Cap 
tains—George  Gibbs — The  Albion  Affair— Samuel  R.  Thurston 
Chosen  Delegate  to  Congress— His  Life  and  Character— Proceeds 
to  Washington — Misrepresentations  and  Unprincipled  Measures — 
Rank  Injustice  toward  McLoughlin — Efficient  Work  for  Oregon — 
The  Donation  Land  Bill — The  Cayuse  War  Claim  and  Other  Appro 
priations  Secured — The  People  Lose  Confidence  in  their  Delegate — 
Death  of  Thurston 101 

CHAPTER  V. 

ADMINISTRATION  OF  GAJNES. 
1850-1852. 

An  Official  Vacancy — Gaines  Appointed  Governor — His  Reception  in  Ore 
gon — The  Legislative  Assembly  in  Session — Its  Personnel — The  Ter 
ritorial  Library — Location  of  the  Capital— Oregon  City  or  Salem — 
Warm  and  Prolonged  Contest — Two  Legislatures — War  between  the 
Law-makers»and  the  Federal  Judges — Appeal  to  Congress — Salem 
Declared  the  Capital— A  New  Session  Called— Feuds  of  the  Public 
Press — Unpopularity  of  Gaines— Close  of  his  Term — Lane  Appointed 
his  Successor 139 

CHAPTER  VI. 

DISCOVERY  OF  GOLD  IN  OREGON. 

1850-1852. 

Politics  and  Prospecting — Immigration — An  Era  of  Discovery — Explora 
tions  on  the  Southern  Oregon  Seaboai-d — The  California  Company — 
f  The  Schooner  Samuel  Roberts  at  the  Mouths  of  Rogue  River  and  the 
Umpqua — Meeting  with  the  Oregon  Party — Laying-out  of  Lands  and 
Town  Sites — Failure  of  the  Umpqua  Company — The  Finding  of 
Gold  in  Various  Localities— The  Mail  Service— Efforts  of  Thurston 
in  Congress — Settlement  of  Port  Orford  and  Discovery  of  Coos  Bay 
—The  Colony  at  Port  Orford— Indian  Attack— The  T'Vault  Expedi 
tion — Massacre — Government  Assistance 174 

CHAPTER  VEI. 

INDIAN  AFFAIRS. 
1851. 

Politics — Election  of  a  Delegate — Extinguishment  of  Indian  Titles — Ind 
ian  Superintendents  and  Agents  Appointed — Kindness  of  the  Great 
Father  at  Washington — Appropriations  of  Congress — Frauds  Arising 


CONTENTS.  xi 

PACK 

from  the  System— Easy  Expenditure  of  Government  Money — Un 
popularity  of  Human  Sympathy— Efficiency  of  Superintendent  Dart 
— Thirteen  Treaties  Effected— Lane  among  the  Rogue  River  Indians 
and  in  the  Mines — Divers  Outrages  and  Retaliations— Military 
Affairs— Rogue  River  War— The  Stronghold— Battle  of  Table  Rock 
—Death  of  Stuart— Kearney 's  Prisoners 205 

CHAPTER  VIII. 

PLAUSIBLE  PACIFICATION. 

1851-1852. 

Officers  and  Indian  Agents  at  Port  Orford — Attitude  of  the  Coquilles — 
U.  S.  Troops  Ordered  out — Soldiers  as  Indian- fighters — The  Savages 
too  Much  for  Them — Something  of  Scarface  and  the  Shastas — Steele 
Secures  a  Conference — Action  of  Superintendent  Skinner — Much 
Ado  about  Nothing— Some  Fighting — An  Insecure  Peace — More 
Troops  Ordered  to  Vancouver 233 

CHAPTER  IX. 

SURVEYS  AND  TOWN-MAKING. 

1851-1853. 

Proposed  Territorial  Division — Coast  Survey — Light-houses  Established 
— James  S.  Lawson — His  Biography,  Public  Services,  and  Contribu 
tion  to  History — Progress  North  of  the  Columbia — South  of  the 
Columbia — Birth  of  Towns — Creation  of  Counties — Proposed  New 
Territory — River  Navigation — Improvements  at  the  Clackamas  Rap 
ids—On  the  Tualatin  River — La  Creole  River — Bridge-building — 
Work  at  the  Falls  of  the  Willamette— Fruit  Culture— The  First 
Apples  Sent  to  California — Agricultural  Progress — Imports  and  Ex 
ports—Society f 247 

CHAPTER  X. 

IAND  LAWS  AND   LAND  TITLES* 
1851-1855. 

The  Donation  Law — Its  Provisions  and  Workings — Attitude  of  Congress 
— Powers  of  the  Provisional  Government — Qualification  of  Voters — 
Surveys — Rights  of  Women  and  Children — Amendments — Preemp 
tion  Privileges — Duties  of  the  Surveyor-general — Claimants  to 
Lands  of  the  Hudson's  Bay  and  Puget  Sound  Companies — Mission 
Claims — Methodists,  Presbyterians,  and  Catholics — Prominent  Land 
Cases — Litigation  in  Regard  to  the  Site  of  Portland — The  Rights  of 
Settlers— The  Caruthers  Claim— The  Dalles  Town-site  Claim— Pre 
tensions  of  the  Methodists — Claims  of  the  Catholics — Advantages 
and  Disadvantages  of  the  Donation  System 260 


xii  CONTENTS. 

CHAPTER 

POLITICS  AND  PROGRESS. 

1853. 

PAGB 

Legislative  Proceedings — Judicial  Districts — Public  Buildings — Tenor  of 
Legislation — Instructions  to  the  Congressional  Delegate — Harbors 
and  Shipping — Lane's  Congressional  Labors — Charges  against  Gover 
nor  Gaines — Ocean  Mail  Service — Protection  of  Overland  Immigrants 
— Military  Roads — Division  of  the  Territory — Federal  Appoint 
ments — New  Judges  and  their  Districts — Whigs  and  Democrats — 
Lane  as  Governor  and  Delegate — Alonzo  A.  Skinner — An  Able  and 
Humane  Man— Sketch  of  his  Life  and  Public  Services 296 

CHAPTEE  XII. 

ROGUE    RIVER  WAR. 

1853-1854. 

Impositions  and  Retaliations — Outrages  by  White  Men  and  Indians — 
The  Military  Called  upon — War  Declared— Suspension  of  Business — 
Roads  Blockaded — Firing  from  Ambush — Alden  at  Table  Rock- 
Lane  in  Command — Battle — The  Savages  Sue  for  Peace — Armistice 
— Preliminary  Agreement — Hostages  Given — Another  Treaty  with 
the  Rogue  River  People — Stipulations — Other  Treaties — Cost  of  the 
War 311 

CHAPTEE  XIII. 

LEGISLATION,    MINING,    AND   SETTLEMENT*. 

1853-1854. 

John  W.  Davis  as  Governor — Legislative  Proceedings— Appropriations 
by  Congress — Oregon  Acts  and  Resolutions — Affairs  on  the  Ump- 
qua— Light-house  Building — Beach  Mining — Indian  Disturbances — 
Palmer's  Superintendence— Settlement  of  Coos  Bay — Explorations 
and  Mountain-climbing — Politics  of  the  Period — The  Question  of 
State  Organization— The  People  not  Ready — Hard  Times — Deca 
dence  of  the  Gold  Epoch — Rise  of  Farming  Interest — Some  First 
Things — Agricultural  Societies — Woollen  Mills — Telegraphs — River 
and  Ocean  Shipping  Interest  and  Disasters  — Ward  Massacre — Mil 
itary  Situation 322 

CHAPTEE  XIV. 

GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

1854-1855. 

Resignation  of  Governor  Davis — His  Successor,  George  Law  Curry — 
Legislative  Proceedings — Waste  of  Congressional  Appropriations — 
State  House — Penitentiary — Relocation  of  the  Capital  and  Univer 
sity — Legislative  and  Congressional  Acts  Relative  thereto— More 


CONTENTS.  xiii 

PAGB 

Counties  Made — Finances — Territorial  Convention — Newspapers — 
The  Slavery  Sentiment — Politics  of  the  Period — Whigs,  Democrats, 
and  Know-nothings — A  New  Party — Indian  Affairs — Treaties  East 
of  the  Cascade  Mountains 343 

CHAPTER  XV. 

FURTHER  INDIAN  WARS. 

1855-1856. 

Indian  Affairs  in  Southern  Oregon — The  Rogue  River  People— Extermi 
nation  Advocated — Militia  Companies — Surprises  and  Skirmishes — 
Reservation  and  Friendly  Indians  Protected  by  the  U.  S.  Govern 
ment  against  Miners  and  Settlers — More  Fighting — Volunteers  and 
Regulars — Battle  of  Grave  Creek — Formation  of  the  Northern  and 
Southern  Battalions — Affair  at  the  Meadows — Ranging  by  the  Vol 
unteers—The  Ben  Wright  Massacre 369 

CHAPTER  XVI. 

EXTERMINATION  OF  THE  INDIANS. 

1856-1857. 

Grande  Ronde  Military  Post  and  Reservation — Driving  in  and  Caging  the 
Wild  Men — More  Soldiers  Required — Other  Battalions — Down  upon 
the  Red  Men — The  Spring  Campaign — Affairs  along  the  River — 
Humanity  of  the  United  States  Officers  and  Agents — Stubborn  Brav 
ery  of  Chief  John — Councils  and  Surrenders— Battle  of  the  Meadows 
— Smith's  Tactics — Continued  Skirmishing — Giving-up  and  Coming- 
in  of  the  Indians.... 397 

CHAPTER  XVII. 

OREGON  BECOMES  A  STATE. 

1856-1859. 

Legislature  of  1855-6 — Measures  and  Memorials — Legislature  of  1856-7 
— No  Slavery  in  Free  Territory — Republican  Convention — Election 
Results — Discussions  concerning  Admission — Delegate  to  Congress — 
Campaign  Journalism — Constitutional  Convention — The  Great  Ques 
tion  of  Slavery — No  Black  Men,  Bond  or  Free — Adoption  of  a  State 
Constitution — Legislature  of  1857-8 — State  and  Territorial  Bodies 
— Passenger  Service — Legislatures  of  1858-9 — Admission  into  the 
Union 413 

CHAPTER  XVIII. 

POLITICS  AND  PATRIOTISM. 

1859-1861. 

Appointment  of  Officers  of  the  United  States  Court — Extra  Session  of  the 
Legislature — Acts  and  Reports — State  Seal — Delazon  Smith— Re^ 


xir  CONTENTS. 


publican  Convention  —  Nominations  and  Elections  —  Rupture  in  the 
Democratic  Party  —  Shell  Elected  to  Congress  —  Scheme  of  a  Pacific 
Republic—  Legislative  Session  of  1860—  Nesmith  and  Baker  Elected 
U.  S.  Senators  —  Influence  of  Southern  Secession  —  Thayer  Elected 
to  Congress  —  Lane's  Disloyalty  —  Governor  Whiteaker  —  Stark,  U.  S. 
Senator—  Oregon  in  the  War—  New  Officials  ......................  442 

CHAPTER  XIX. 

WAR  AND  DEVELOPMENT. 

1858-1862. 

War  Departments  and  Commanders  —  Military  Administration  of  General 
Harney  —  Wallen's  Road  Expeditions  —  Troubles  with  the  Shoshones 

—  Emigration  on  the  Northern  and  Southern  Routes  —  Expeditions 
of  Steen  and  Smith  —  Campaign  against  the  Shoshones  —  Snake  River 
Massacre  —  Action  of  the  Legislature  —  Protection  of  the  Southern 
Route  —  Discovery  of  the  John  Day  and  Powder  River  Mines  —  Floods 
and  Cold  of  1861-2—  Progress  of  Eastern  Oregon  .............  ,  .  .  .  .  460 

CHAPTER   XX. 

MILITARY  ORGANIZATION  AND   OPERATIONS. 
1861-1865. 

Appropriation  Asked  for  —  General  Wright—  Six  Companies  Raised—  At 
titude  toward  Secessionists  —  First  Oregon  Cavalry  —  Expeditions  of 
Maury,  Drake,  and  Curry  —  Fort  Boise  Established  —  Reconnoissance 
of  Drew  —  Treaty  with  the  Klamaths  and  Modocs  —  Action  of  the 
Legislature  —  First  Infantry  Oregon  Volunteers  ..........  ..........  488 

CHAPTER  XXI. 

THE  SHOSHONE  WAR. 

1866-1868. 

Companies  and  Camps  —  Steele's  Measures  —  Halleck  Headstrong  —  Battle 
of  the  Owyhee  —  Indian  Raids  —  Sufferings  of  the  Settlers  and  Trans 
portation  Men  —  Movements  of  Troops  —  Attitude  of  Governor  Woods 

—  Free  Fighting  —  Enlistment  of  Indians  to  Fight  Indians  —  Military 
Reorganization  —  Among  the  Lava-beds  —  Crook  in  Command  —  Ex 
termination  or  Confinement  and  Death  in  Reservations  ..........  .,  512 

CHAPTER  XXII. 

THE   MODOC  WAR. 

1864-1873. 

Land  of  the  Modocs  —  Keintpoos,  or  Captain  Jack  —  Agents,  Superintend 
ents,  and  Treaties  —  Keintpoos  Declines  to  Go  on  a  Reservation  —  i 
Raids—  Troops  in  Pursuit—  Jack  Takes  to  the  Lava-beds  —  Appoint-* 


CONTENTS.  xv 

PAGB 

ment  of  a  Peace  Commissioner — Assassination  of  Canby,  Thomae, 
and  Sherwood — Jack  Invested  in  his  Stronghold — He  Escapes — 
Crushing  Defeat  of  Troops  under  Thomas — Captain  Jack  Pursued, 
Caught,  and  Executed ,  555 

CHAPTER  XXIII. 

POLITICAL,    INDUSTRIAL,    AND   INSTITUTIONAL. 

1862-1887. 

Republican  Loyalty— Legislature  of  18G2— Legal-tender  and  Specific  Con 
tract — Public  Buildings — Surveys  and  Boundaries— Military  Road— 
Swamp  and  Agricultural  Lands — Civil  Code — The  Negro  Question 
— Later  Legislation — Governors  Gibbs,  Woods,  Grover,  Chadwick, 
Thayer,  and  Moody — Members  of  Congress '  *  637 

CHAPTER   XXIV. 

LATER   EVENTS. 

1887-1888. 

Recent  Developments  in  Railways — Progress  of  Portland — Architecture 
and  Organizations — East  Portland — Iron  Works — Value  of  Property 
— Mining — Congressional  Appropriations — New  Counties — Salmon 
Fisheries — Lumber — Political  Affairs — Public  Lands — Legislature — 
Election  . .  .746 


UNIVEKSITY 


HISTORY  OF  OREGON". 


CHAPTER  I. 

I 

CONDITION  OF  AFFAIRS, 

1848. 


Hastings'  Or.  and  Cnl    **_<?  +T, 
WCh  '        ch  to°  erw°f  farms  ia  P™>  at  500 


2  CONDITION  OF  AFFAIRS. 

company  and  the  American  merchants.  One  writer 
estimated  the  company's  stock  in  1845  at  20,OOC 
bushels,  and  that  this  was  not  half  of  the  surplus. 
As  many  farmers  reap  from  sixty  to  sixty-five  bushels 
of  wheat  to  the  acre,2  and  the  poorest  land  returns 
twenty  bushels,  no  great  extent  of  sowing  is  required 
to  furnish  the  market  with  an  amount  equal  to  that 
named.  Agricultural  machinery  to  any  considerable 
extent  is  not  yet  known.  Threshing  is  done  by  driv 
ing  horses  over  the  sheaves  strewn  in  an  enclosure, 
first  trodden  hard  by  the  hoofs  of  wild  cattle.  In  the 
summer  of  1848  Wallace  and  Wilson  of  Oregon  City 
construct  two  threshing-machines  with  endless  chains, 
which  are  henceforward  much  sought  after.3  The  usual 
price  of  wheat,  fixed  by  the  Hudson's  Bay  Company, 
is  sixty-two  and  a  half  cents ;  but  at  different  times  it 
has  been  higher,  as  in  1845,  when  it  reached  a  dollar 
and  a  half  a  bushel/  owing  to  the  influx  of  population 
that  year. 

The  flouring  of  wheat  is  no  longer  difficult,  for  there 
are  in  1848  nine  grist-mills  in  the  country.5  Nor 
is  it  any  longer  impossible  to  obtain  sawed  lumber 
in  the  lower  parts  of  the  valley,  or  on  the  Columbia, 
for  a  larger  number  of  mills  furnish  material  for  build 
ing  to  those  who  can  afford  to  purchase  and  provide 
the  means  of  transportation.6  The  larger  number  of 

.2Hines'  Hist.  Oregon,  342-6.  Thornton,  in  his  Or.  and  CaL,  i.  379,  gives 
the  whole  production  of  1846  at  144,803  bushels,  the  greatest  amount  raised 
in  any  county  being  in  Tualatin,  and  the  least  in  Clatsop.  Oats,  pease,  and 
potatoes  were  in  proportion.  See  also  Or.  Spectator,  July  23,  1846;  Iloivixon's 
Coast  and  Country,  29-30.  The  total  wheat  crop  of  1847  was  estimated  at 
180,000  bushels,  and  the  surplus  at  50,000. 

3  Crawford's  Nar.,  MS.,  164;  AW  Nar.,  MS.,  10. 

*EHn's  Saddle-Maker,  MS.,  4. 

5  The  grist-mills  were  built  by  the  Hudson's  Bay  Company  near  Vancouver; 
McLoughlin  and  the  Oregon  Milling  Company  at  Oregon  City;  by  Thomas 
McKay  on  French  Prairie;  by  Thomas  James  O'Neal  on  the  Ricknall  in  the 
Applegate  Settlement  in  Polk  County;  by  the  Methodist  Mission  at  Salem;  by 
Lot  Whitcomb  at  Milwaukee,  on  the  right  bank  of  the  Willamette,  between 
Portland  and  Oregon  City;  by  Meek  and  Luelling  at  the  same  place;  and  by 
Whitman  at  Waiilatpu.    About  this  time  a  flouring-mill  was  begun  on  Puget 
Sound.    Thornton's  Or.  and  CaL,  i.  330;  S.  F.  Calif ornian,  April  19,  1848. 

6  These  saw-mills  were  often  in  connection  with  the  flouring-mills,  as  at 
Oregon  City,  Salem,  and  Vancouver.    But  there  were  several  others  that  were 


FOUNDING  OF  TOWNS.  3 

houses  on  the  land-claims,  however,,  are  still  of  hewn 
logs,  in  the  style  of  western  frontier  dwellings  of  the 
Mississippi  states.7 

separate,  as  the  mill  established  for  sawing  lumber  by  Mr  Hunsaker  at  the 
junction  of  the  Willamette  with  the  Columbia;  by  Charles  McKay  on  the 
Tualatin  Plains,  and  by  Hunt  near  Astoria.  There  were  others  to  the  number 
of  15  in  different  parts  of  the  territory.  Thornton's  Or.  and  Cal.,  i.  330;  Craw 
ford's  Nar.,  MS.,  164. 

7 George  Gay  had  a  brick  dwelling,  and  Abernethy  a  brick  store;  and 
brick  was  also  used  in  the  erection  of  the  Catholic  church  at  St  Pauls.  Craw 
ford  tells  us  a  good  deal  about  where  to  look  for  settlers.  Reason  Read,  he 
says,  was  located  on  Nathan  Crosby's  land-claim,  a  mile  below  Pettygrove's 
dwelling  in  Portland,  on  the  right  bank  of  the  Willamette,  just  below  a  high 
gravelly  bluff,  that  is,  in  what  is  now  the  north  part  of  East  Portland.  Two 
of  the  Belknaps  were  making  brick  at  this  place,  assisted  by  Read.  A  house 
was  being  erected  for  Crosby  by  a  mechanic  named  Richardson.  Daniel 
Lownsdale  had  a  tannery  west  of  Portland  town-site.  South  of  it  on  the 
same  side  of  the  river  were  the  claims  of  Finice  Caruthers,  William  Johnson, 
Thomas  Stevens,  and  James  Terwilliger.  On  the  island  in  front  of  Stevens' 
place  lived  Richard  McCrary,  celebrated  for  making  'blue  ruin' whiskey  oat 
of  molasses.  James  Stevens  lived  opposite  Caruthers,  on  the  east  bank  of  the 
Willamette,  where  he  had  a  cooper-shop,  and  William  Kilborne  a  warehouse. 
Three  miles  above  Milwaukee,  where  Whitcomb,  William  Meek,  and  Luelling 
were  settled,  was  a  German  named  Piper,  attempting  to  make  pottery. 
Opposite  Oregon  City  lived  S.  Thurston,  R.  Moore,  H.  Burns,  and  Judge 
Lancaster.  Philip  Foster  and  other  settlers  lived  on  the  Clackamas  River, 
east  of  Oregon  City.  Turning  back,  and  going  north  of  Portland,  John  H. 
Couch  claimed  the  land  adjoining  that  place.  Below  him  were  settled  at 
intervals  on  the  same  side  of  the  river  William  Blackstone,  Peter  Gill,  Doane, 
and  Watts.  At  Linnton  there  were  two  settlers,  William  Dillon  and  Dick 
Richards.  Opposite  to  Watt's  on  the  east  bank  was  James  Loomis,  and  just 
above  him  James  John.  At  the  head  of  Sauve"  Island  lived  John  Miller. 
Near  James  Logic's  place,  before  mentioned  as  a  dairy-farm  of  the  Hudson's 
Bay  Company,  Alexander  McQuinn  was  settled,  and  on  different  parts  of  the 
island  Jacob  Cline,  Joseph  Charlton,  James  Bybee,  Malcolm  Smith  a  Scotch 
man,  Gilbau  a  Canadian,  and  an  American  named  Walker.  On  the  Scappoose 
plains  south  of  the  island  was  settled  McPherson,  a  Scotchman;  and  during 
the  summer  Nelson  Hoyt  took  a  claim  on  the  Scappoose.  At  Plymouth  Rock, 
now  St  Helen,  lived  H.  M.  Knighton  who  the  year  before  had  succeeded  to 
the  claim  of  its  first  settler,  Bartholomew  White,  who  was  a  cripple,  and 
unable  to  make  improvements.  A  town  was  already  projected  at  this  place, 
though  not  surveyed  till  1849,  when  a  few  lots  were  laid  off  by  James  Brown 
of  Canemah.  The  survey  was  subsequently  completed  by  N.  H.  Tappau 
and  P.  W.  Crawford,  and  mapped  by  Joseph  Trutch,  in  the  spring  of  1851. 
A  few  miles  below  Knighton  were  settled  the  Merrill  family  and  a  man  named 
Tulitson.  The  only  settler  in  the  region  of  the  Dalles  was  Nathan  Olncy, 
who  in  1847  took  a  claim  3  miles  below  the  present  town,  on  the  south  side 
of  the  river.  On  the  north  side  of.  the  Columbia,  in  the  neighborhood  of 
Vancouver,  the  land  formerly  occupied  by  the  fur  company,  after  the  settle 
ment  of  the  boundary  was  claimed  to  a  considerable  extent  by  individuals, 
British  subjects  as  well  as  Americans.  Above  the  fort,  Forbes  Barclay  and 
Mr  Lowe,  members  of  the  company,  held  claims  as  individuals,  as  also  Mr 
Covington,  teacher  at  the  fort.  On  the  south  side,  opposite  Vancouver,  John 
Switzler  kept  a  ferry,  which  had  been  much  in  use  during  the  Cayuse  war  as 
well  as  in  the  season  of  immigrant  arrivals.  On  Cathlapootle,  or  Lewis,  river 
there  was  also  a  settler.  On  the  Kalama  River  Jonathan  Burpee  had  taken 
a  claim;  he  afterward  removed  to  the  Cowlitz,  where  Thibault,  a  Canadian, 


4  CONDITION  OF  AFFAIRS. 

Only  a  small  portion  of  the  land  being  fenced,  almost 
the  whole  Willamette  Valley  is  open  to  travel,  and 
covered  with  the  herds  of  the  settlers,  some  of  whom 
own  between  two  and  three  thousand  cattle  and 
horses.  Though  thus  pastured  the  grass  is  knee-high 
on  the  plains,  and  yet  more  luxuriant  on  the  low 
lands;  in  summer  the  hilly  parts  are  incarnadine  with 
strawberries.8  Besides  the  natural  increase  of  the  first 
importations,  not  a  year  has  passed  since  the  venture 
of  the  Willamette  Cattle  Company  in  1837,  without 
the  introduction  of  cattle  and  horses  from  California, 
to  which  are  added  those  driven  from  the  States  an 
nually  after  1842,9  whence  come  likewise  constantly 
increasing  flocks  of  sheep.  The  towns,  as  is  too  often 
the  case,  are  out  of  proportion  to  the  rural  population. 
Oregon  City,  with  six  or  seven  hundred  inhabitants,  is 
still  the  metropolis,  having  the  advantage  of  a  central 

was  living  in  charge  of  the  warehouse  of  the  Hudson's  Bay  Company,  and 
where  during  the  spring  and  summer  Peter  W.  Crawford,  E.  West,  and  one 
or  two  others  ^settled.  Before  the  autumn  of  1849  several  families  were  located 
near  the  mouth  of  the  Cowlitz.  H.  D.  Huntington,  Nathaniel  Stone,  David 
Stone,  Seth  Catlin,  James  Porter,  and  Pv.  C.  Smith  were  making  shingles 
here  for  the  California  market.  Below  the  Cowlitz,  at  old  Oak  Point  on  the 
south  side  of  the  river,  lived  John  McLean,  a  Scotchman.  Oak  Point  Mills 
on  the  north  side  were  not  built  till  the  following  summer,  when  they  were 
erected  by  a  man  named  Dyer  for  Abernethy  and  Clark  of  Oregon  City.  At 
Cathlamet  on  the  north  bank  of  the  river  lived  James  Birnie,  who  had 
settled  there  in  1846.  There  was  no  settlement  between  Cathlamet  and 
Hunt's  Mill,  and  none  between  Hunt's  Mill,  where  a  man  named  Spears  was 
living,  and  Astoria,  except  the  claim  of  Robert  Shortess  near  Tongue  Point. 
At  Astoria  the  old  fur  company's  post  was  in  charge  of  Mr  McKay;  and 
there  were  several  Americans  living  there,  namely,  John  McClure,  James 
Welch,  John  M.  Shively,  Van  Dusen  and  family,  and  others;  in  all  about 
30  persons;  but  the  town  was  partially  surveyed  this  year  by  P.  W.  Craw 
ford.  There  were  about  a  dozen  settlers  on  Clatsop  plains,  and  a  town  had 
been  projected  on  Point  Adams  by  two  brothers  O'Brien,  called  New  York, 
which  never  came  to  anything.  At  Baker  Bay  lived  John  Edmunds,  though 
the  claim  belonged  to  Peter  Skeen  Ogden.  On  Scarborough  Hill,  just 
above,  a  claim  had  been  taken  by  an  English  captain  of  that  name  in  the 
service  of  the  Hudson's  Bay  Company.  The  greater  number  of  these  items 
have  been  taken  from  Crawford's  Narrative,  MS.;  but  other  authorities  have 
contributed,  namely:  Minto's  Early  Days,  MS,;  Weed's  Queen  Charlotte  I. 
Exped.,  MS.;  Deady's  Hist.  Or.,  MS.;  Pettygrove'sOr.,  MS,;  Lovcjoy's Port 
land,  MS.;  Moss'  Pioneer  Times,  MS.;  Brown's  Willamette  Valley,  MS.; 
Or.  Statutes;  Victor's  Oregon  and  Wash.;  Murphy's  Or.  Directory,  1 ;  S.  I. 
friend,  Oct.  15,  1849;  Wilkes'  Nar.;  Palmer's  Journal;  Home  Missionary 
Mag.,  xxii.  63-4. 

s  '  The  most  beautiful  country  I  ever  saw  in  my  life.'  Weed's  Queen  Char 
lotte  I.  Exped.,  MS.,  2. 

*Clymanfs  Note  Book,  MS.,  6;   W.  B.  He's  Biog.,  34. 


THE  OREGON  INSTITUTE.  5 

position  between  the  farming  country  above  the  falls 
and  the  deep-water  navigation  twelve  miles  below; 
and  more  capital  and  improvements  are  found  here 
than  at  any  other  point.10  It  is  the  only  incorporated 
town  as  yet  in  Oregon,  the  legislature  of  1844  having 
granted  it  a  charter;11  unimproved  lots  are  held  at 
from  $100  to  $500.  The  canal  round  the  falls  which 
the  same  legislature  authorized  is  in  progress  of  con 
struction,  a  wing  being  thrown  out  across  the  east 
shoot  of  the  river  above  the  falls  which  form  a  basin, 
and  is  of  great  benefit  to  navigation  by  affording  quiet 
water  for  the  landing  of  boats,  which  without  it  were 
in  danger  of  being  carried  over  the  cataract.12 

Linn  City  and  Multnomah  City  just  across  the 
river  from  the  metropolis,  languish  from  propinquity 
to  a  greatness  in  which  they  cannot  share.  Milwaukee, 
a  few  miles  below,  is  still  in  embryo.  Linnton,  the 
city  founded  during  the  winter  of  1843  by  Burnett 
and  McCarver,  has  had  but  two  adult  male  inhabit 
ants,  though  it  boasts  a  warehouse  for  wheat.  Hills- 
boro  and  Lafayette  aspire  to  the  dignity  of  county- 
seats  of  Tualatin  and  Yamhill.  Corvallis,  Albany,  and 
Eugene  are  settled  by  claimants  of  the  land,  but  do 
not  yet  rejoice  in  the  distinction  of  an  urban  appel- 

10  Thornton  counts  in  1847  a  Methodist  and  a  Catholic  church,  St  James,  a 
day-school,  a  private  boarding-school  for  young  ladies,  kept  by  Mrs  Thornton, 
a  printing-press,  and  a  public  library  of  SCO  volumes.   Or.  and  Cal. ,  i.  329-80. 
Crawford  says  there  were  5  stores  of  general  merchandise,  the  Hudson's  Bay 
Company's,  Abernethy's,  Couch's  (Cushing&  Co. ),  Moss',  and  Robert  Caniield's; 
and  adds  that  there  were  3  ferries  across  the  Willamette  at  this  place,  one 
a  horse  ferry,  and  2  pulled  by  hand,  and  that  all  were  kept  busy,  Oregon 
City  being  « the  great  rendezvous  for  all  up  and  down  the  river  to  get  flour,' 
Narrative,  MS.,  154;  .V.  /.  Friend,  Oct.  15,  1849.     Palmer  states  in  addition 
that  McLoughlin's  grist-mill  ran  3  sets  of  buhr-stones,   and  would  com 
pare  favorably  with   most  mills  in  the  States;  but  that  the  Island   Mill, 
then  owned  by  Abernethy  and  Beers,  was  a  smaller  one,  and  that  each'  had  a 
saw-mill  attached  which  cut  a  great  deal  of  plank  for  the  new  arrivals.  Jour 
nal,  85-6.     There  were  2  hotels,  the  Oregon  House,  which  was  built  in  1844, 
costing  $44,000,  and  which  was  torn  down  in  June  1871.     The  other  was 
called  the  City  Hotel.    McLoughlin's  residence,  built  about  1845,  was  a  large 
building  for  those  times,  and  was  later  the  Finnegas  Hotel.  Moss'  Pioneer 
Times,  MS.,  30;  Portland  Advocate,  June  3,  1871;  Bacon's  Merc.  Life  Or. City, 
MS.,  18;  Harvey's  Life  of  McLougMin,  MS.,  34;  Nilet?  Reg.,  Ixx.  341. 

11  Abernethy  was  the  first  mayor,  and  Lovejoy  the  second;  McLoughlin 
was  also  mayor. 

l*Niles' Reg.,  Ixviii.  84;  Or.  Spectator,  Feb.  19,  1846. 


6  CONDITION  OF  AFFAIRS. 

lation.  Champoeg  had  been  laid  off  as  a  town  by 
Newell,  but  is  so  in  name  only.  Close  by  is  another 
river  town,  of  about  equal  importance,  owned  by 
Abernethy  and  Beers,  which  is  called  Butteville.  Just 
above  the  falls  Hedges  has  laid  off  the  town  of  Canemah. 
Besides  these  there  are  a  number  of  settlements  named 
after  the  chief  families,  such  as  Hembree's  settlement 
in  Yamhill  County,  Applegate's  and  Ford's  in  Polk, 
and  Waldo's  and  HowelTs  in  Marion.  Hamlets  prom 
ising  to  be  towns  are  Salem,  Portland,  Vancouver, 
and  Astoria. 

I  have  already  mentioned  the  disposition  made  of 
the  missionary  claims  and  property  at  Salem,  and  that 
on  the  dissolution  of  the  Methodist  Mission  the  Ore 
gon  Institute  was  sold,  with  the  land  claimed  as  be 
longing  to  it,  to  the  board  of  trustees.  But  as  there 
was  no  law  under  the  provisional  government  for  the 
incorporation  of  such  bodies,  or  any  under  which  they 
could  hold  a  mile  square  of  land  for  the  use  of  the  in 
stitute,  W.  H.  Wilson,  H.  B.  Brewer,  D.  Leslie,  and 
L.  H.  Judson  resorted  to  the  plan  of  extending  their 
four  land-claims  in  such  a  manner  as  to  make  their 
corners  meet  in  the  centre  of  the  institute  claim, 
under  that  provision  in  the  land  law  allowing  claims 
to  be  held  by  a  partnership  of  two  or  more  persons; 
and  by  giving  bonds  to  the  trustees  of  the  institute  to 
perform  this  act  of  trust  for  the  benefit  of  the  board, 
till  it  should  become  incorporated  and  able  to  hold 
the  land  in  its  own  right. 

In  March  1846  Wilson  was  authorized  to  act  as 
agent  for  the  board,  and  was  put  in  possession  of  the 
premises.  In  May  following  he  was  empowered  to 
sell  lots,  and  allowed  a  compensation  of  seven  per 
cent  on  all  sales  effected.  During  the  summer  a  por 
tion  of  the  claim  was  sold  to  J.  L.  Parrish,  David 
Leslie,  and  C.  Craft,  at  twelve  dollars  an  acre;  and 
Wilson  was  further  authorized  to  sell  the  water-power 
or  mill-site,  and  as  much  land  with  it  as  might  be 


THE  BEGINNING  OF  PORTLAND.  7 

thought  advisable;  also  to  begin  the  sale  by  public 
auction  of  the  town  lots,  as  surveyed  for  that  pur 
pose,  the  first  sale  to  take  place  September  10,  1846. 
Only  half  a  dozen  families  were  there  previous  to 
this  time.13 

In  July  1847  a  bond  was  signed  by  Wilson,  the 
conditions  of  which  were  the  forfeiture  of  $100,000,  or 
the  fulfilment  of  the  following  terms :  That  he  should 
hold  in  trust  the  six  hundred  and  forty  acres  thrown  off 
from  the  land-claims  above  mentioned;  that  he  should 
pay  to  the  missionary  society  of  the  Methodist  Epis 
copal  church  of  Oregon  and  to  the  Oregon  Institute 
certain  sums  amounting  to  $6,000;  that  he  should  use 
all  diligence  to  perfect  a  title  to  the  institute  claim, 
and  when  so  perfected  convey  to  the  first  annual  con 
ference  of  the  Methodist  church,  which  should  be 
established  in  Oregon  by  the  general  conference  of 
the  United  States,  in  trust,  such  title  as  he  himself 
had  obtained  to  sixty  acres  known  as  the  '  institute 
reserve/  on  which  the  institute  building  was  situated— 

7  O 

for  which  services  he  was  to  receive  one  third  of  the 
money  derived  from  the  sale  of  town  lots  on  the  un 
reserved  portion  of  the  six  hundred  and  forty  acres 
comprised  in  the  Salem  town-site  and  belonging  to  the 
several  claimants.  Under  this  arrangement,  in  1848, 
Wilson  and  his  wife  were  residing  in  the  institute 
building  on  the  reserved  sixty  acres,  Mrs  Wilson 
having  charge  of  the  school,  while  the  agency  of  the 
town  property  remained  with  her  husband. 

The  subsequent  history  of  Salem  town-site  belongs 
to  a  later  period,  but  may  be  briefly  given  here. 
When  the  Oregon  donation  law  was  passed,  which 
gave  to  the  wife  half  of  the  mile  square  of  land  em 
braced  in  the  donation,  Wilson  had  the  dividing  line 
on  his  land  run  in  such  a  manner  as  to  throw  the 
reserve  with  the  institute  building,  covered  by  his 
claim,  upon  the  wife's  portion;  and  Mrs  Wilson  being 

13 Davidson's  Southern  Route,  MS.,  5;  Broivn's  Autobiography,  MS.,  31; 
Rabbison's  Growth  of  Towns,  MS.,  27-8. 


8  CONDITION  OF  AFFAIRS. 

under  no  legal  obligation  to  make  over  anything  to 
the  Oregon  conference,  in  trust  for  the  institute,  re 
fused  to  listen  to  the  protests  of  the  trustees  so  neatly 
tricked  out  of  their  cherished  educational  enterprise. 
In  this  condition  the  institute  languished  till  1854, 
when  a  settlement  was  effected  by  the  restoration  of 
the  reserved  sixty  acres  to  the  trustees  of  the  Willa 
mette  University,  and  two  thirds  of  the  unsold  re 
mains  of  the  south-west  quarter  of  the  Salem  town- 
site  which  Wilson  was  bound  to  hold  for  the  use  of 
that  institution.  Whether  the  restoration  was  an  act 
of  honor  or  of  necessity  I  will  not  here  discuss;  the 
act  of  congress  under  which  the  territory  was  organ 
ized  recognized  as  binding  all  bonds  and  obligations 
entered  into  under  the  provisional  government.14  In 
later  years  some  important  lawsuits  grew  out  of  the 
pretensions  of  Wilson's  heirs,  to  an  interest  in  lots 
sold  by  him  while  acting  agent  for  the  trustees  of  the 
town-site.15 

Portland  in  1848  had  but  two  frame  buildings, 
one  the  residence  of  F.  W.  Pettygrove,  who  had  re 
moved  from  Oregon  City  to  this  hamlet  on  the  river's 
edge,  and  the  other  belonging  to  Thomas  Carter. 
Several  log-houses  had  been  erected,  but  the  place 
had  no  trade  except  a  little  from  the  Tualatin  plains 
lying  to  the  south,  beyond  the  heavily  timbered  high 
lands  in  that  direction. 

The  first  owner  of  the  Portland  land-claim  was 
William  Overton,  a  Tennesseean,  who  came  to  Oregon 
about  1843,  and  presently  took  possession  of  the 
place,  where  he  made  shingles  for  a  time,  but  being 
of  a  restless  disposition  went  to  the  Sandwich  Islands, 
and  returning  dissatisfied  and  out  of  health,  resolved 
to  go  to  Texas.  Meeting  with  A.  L.  Lovejoy  at  Van 
couver,  and  returning  with  him  to  Portland  in  a  canoe, 
he  offered  to  resign  the  claim  to  him,  but  subsequently 

14  Or.  Laws,  1843-72,  61;  Hines'  Or.  and  Inst.,  165-72. 

15  Thornton's  Salem  Titles,  in  Salem  Directory  for  1874,  2-7.    Wilson  died 
suddenly  of  apoplexy,  in  1856.  Id.,  22. 


VANCOUVER  TOWN.  9 


changed  his  mind,  thinking  to  remain,  yet  giving 
Lovejoy  half,  on  condition  that  he  would  aid  in  im 
proving  it;  for  the  latter,  as  he  says  in  his  Founding 
of  Portland,  MS.,  30-34,  observed  the  masts  and 
booms  of  vessels  which  had  been  left  there,  and  it 
occurred  to  him  that  this  was  the  place  for  a  town. 
So  rarely  did  shipping  come  to  Oregon  in  the^e  days, 
and  more  rarely  still  into  the  Willamette  River,  that 
the  possibility  or  need  of  a  seaport  or  harbor  town 
away  from  the  Columbia  does  not  appear  to  have  been 
seriously  entertained  up  to  this  time. 

After  some  clearing,  preparatory  to  building  a 
house,  Overton  again  determined  to  leave  Oregon, 
and  sold  his  half  of  the  land  to  F.  W.  Petty  grove  for 
a  small  sum  and  went  to  Texas,  where  it  has  been  said 
he  was  hanged.16  Lovejoy  and  Petty  grove  then  erected 
the  first  house  in  the  winter  of  1845,  the  locality 
being  on  what  is  now  Washington  street  at  the  corner 
of  Front  street,  it  being  built  of  logs  covered  with 
shingles.  Into  this  building  Pettygrove  moved  half 
of  his  stock  of  goods  in  the  spring  of  1845,  and  with 
Lovejoy  opened  a  road  to  the  farming  lands  of  Tual 
atin  County  from  which  the  traffic  of  the  imperial 
city  was  expected  to  come. 

The  town  was  partially  surveyed  by  H.  N.  V. 
Short,  the  initial  point  being  Washington  street  and 
the  survey  extending  down  the  river  a  short  distance. 
The  naming  of  it  was  decided  by  the  tossing  of  a  cop 
per  coin,  Pettygrove,  who  was  from  Maine,  gaining 
the  right  to  call  it  Portland,  against  Lovejoy,  who  was 
from  Massachusetts  and  wished  to  name  the  new  town 
Boston.  A  few  stragglers  gathered  there,  and  during 
the  Cayuse  war  when  the  volunteer  companies  organ 
ized  at  Portland,  and  crossing  the  river  took  the  road 
to  Switzler's  ferry  opposite  Vancouver,  it  began  to  be 
apparent  that  it  was  a  more  convenient  point  of  de 
parture  and  arrival  in  regard  to  the  Columbia  than 

16  Deady,  in  Overland  Monthly,  i.  36;  Nesmith,  in  Or.  Pioneer  Assoc.,  Trans., 
1875,  57. 


10  CONDITION  OF  AFFAIRS. 

Oregon  City.  But  it  made  no  material  progress  till 
a  conjunction  of  remarkable  events  in  1848  called  it 
into  active  life  and  permanent  prosperity.  Before 
this  happened,  however,  Lovejoyhad  sold  his  interest 
to  Benjamin  Stark;  and  Daniel  Lownsdale  in  Sep 
tember  of  this  year  purchased  Pettygrove's  share, 
paying  for  it  $5,000  worth  of  leather  which  he  had 
made  at  his  tannery  adjoining  the  town-site.  The 
two  founders  of  Portland  thus  transferred  their  own 
ership,  which  fell  at  a  fortunate  moment  into  the 
hands  of  Daniel  Lownsdale,  Stephen  Coffin,  and  W. 
W.  Chapman.17 

In  1848  Henry  Williamson,  the  same  who  claimed 
unsuccessfully  near  Fort  Vancouver  in  1845,  employed 
P.  W.  Crawford  to  lay  out  a  town  on  the  present  site 
of  Vancouver,  and  about  five  hundred  lots  were  sur 
veyed,  mapped,  and  recorded  in  the  recorder's  books 
at  Oregon  City,  according  to  the  law  governing  town- 
sites  ;  the  same  survey  long  ruling  in  laying  out  streets, 
blocks,  and  lots.  But  the  prospects  for  a  city  were 
blighted  by  the  adverse  claim  of  Amos  Short,  an 
immigrant  of  1847,  who  settled  first  at  Linnton,  then 
removed  to  Sauve  Island  where  he  was  engaged  in 
slaughtering  Spanish  cattle,  but  who  finally  took  six 
hundred  and  forty  acres  below  Fort  Vancouver,  Will 
iamson  who  still  claimed  the  land  being  absent  at  the 
time,  having  gone  to  Indiana  for  a  wife.  The  land 
law  of  Oregon,  in  order  to  give  young  men  this  oppor 
tunity  of  fulfilling  marriage  engagements  without 
loss,  provided  that  by  paying  into  the  treasury  of  the 
territory  the  sum  of  five  dollars  a  year,  they  could 
be  absent  from  their  claims  for  two  consecutive  years, 
or  long  enough  to  go  to  the  States  and  return. 

In  Williamson's  case  the  law  proved  ineffectual. 

17  Lovejoy's  Founding  of  Portland,  MS. ,  passim ;  Brigg's  Port  Toivnsend, 
MS.,  9;  Sylvester's  Olympia,  MS.,  4,  5;  Hancock's  Thirteen  Years,  MS.,  94. 
For  an  account  of  the  subsequent  litigation,  not  important  to  this  history, 
see  Burke  v.  Lownsdale,  Appellee's  Brief,  12;  Or.  Laws,  1866,  5-8;  Deady's 
Hist.  Or.,  MS.,  12-13.  Some  mention  will  be  made  of  this  in  treating  of  the 
effects  of  the  donation  law  on  town-sites. 


CONSTRUCTION  OF  ROADS.  11 

She  whom  he  was  to  marry  died  before  he  reached 
Indiana,  and  on  returning  still  unmarried,  he  found 
Short  in  possession  of  his  claim;  and  although  he  was 
at  the  expense  of  surveying,  and  a  house  was  put  up 
by  William  Fellows,  who  left  his  property  in  the 
keeping  of  one  Kellogg,  Short  gave  Williamson  so 
much  trouble  that  he  finally  abandoned  the  claim  and 
went  to  California  to  seek  a  fortune  in  the  mines. 
The  cottonwood  tree  which  Crawford  made  the  start 
ing-point  of  his  survey,  and  which  was  taken  as  the 
corner  of  the  United  States  military  post  in  1850, 
was  standing  in  1878.  The  passage  of  the  donation 
law  brought  up  the  question  of  titles  to  Vancouver, 
but  as  these  arguments  and  decisions  were  not  con 
sidered  till  after  the  territory  of  Washington  was  set 
off  from  Oregon,  I  will  leave  them  to  be  discussed  in 
that  portion  of  this  work.  Astoria,  never  having 
been  the  seat  of  a  mission,  either  Protestant  or  Cath 
olic,  and  being  on  soil  acknowledged  from  the  first 
settlement  as  American,  had  little  or  no  trouble  about 
titles,  and  it  was  only  necessary  to  settle  with  the 
government  when  a  place  lor  a  military  post  was  tem 
porarily  required. 

The  practice  of  jumping,  as  the  act  of  trespassing 
on  land  claimed  by  another  was  called,  became  more 
common  as  the  time  was  supposed  to  approach  when 
congress  would  make  the  long-promised  donation  to 
actual  settlers,  and  every  man  desired  to  be  upon  the 
choicest  spot  within  his  reach.  It  did  not  matter  to 
the  intruder  whether  the  person  displaced  were  Eng 
lish  or  American.  Any  slight  flaw  in  the  proceedings 
or  neglect  in  the  customary  observances  rendered  the 
claimant  liable  to  be  crowded  off  his  land.  But  when 
these  intrusions  became  frequent  enough  to  attract 
the  attention  of  the  right-minded,  their  will  was  made 
known  at  public  meetings  held  in  all  parts  of  the  ter 
ritory,  and  all  persons  were  warned  against  violating 
the  rights  of  others.  They  were  told  that  if  the 


12  CONDITION  OF  AFFAIRS. 

existing  law  would  not  prevent  trespass  the  j  gisla- 
ture  should  make  one  that  would  prove  effectual.18 
Thus  warned,  the  envious  and  the  grasping  were  gen 
erally  restrained,  and  claim-jumping  never  assumed 
alarming  proportions  in  Oregon.  Considering  the 
changes  made  every  year  in  the  population  of  the 
country,  public  sentiment  had  much  weight  with  the 
people,  and  self-government  attained  a  position  of 


Although  no  claimant  could  sell  the  land  he  held, 
he  could  abandon  possession  and  sell  the  improve 
ments,  and  the  transaction  vested  in  the  purchaser  all 
the  rights  of  the  former  occupant.  In  this  manner 
the  land  changed  occupants  as  freely  as  if  the  title 
had  been  in  the  original  possessor,  and  no  serious  in 
convenience  was  experienced19  for  the  want  of  it. 

Few  laws  were  enacted  at  the  session  of  1847,  as 
it  was  believed  unnecessary  in  view  of  the  expected 
near  approach  of  government  by  the  United  States. 
But  the  advancing  settlement  of  the  country  demand 
ing  that  the  county  boundaries  should  be  fixed,  and 
new  ones  created,  the  legislature  of  1847  established 
the  counties  of  Linn  and  Benton,  one  extending  east 
to  the  Rocky  Mountains,  the  other  west  to  the  Pacific 
Ocean,  and  both  south  to  the  latitude  42°.20 

The  construction  of  a  number  of  roads  was  also  au 
thorized,  the  longer  ones  being  from  Portland  to  Mary 
River,  and  from  Multnomah  City  to  the  same  place, 
and  across  the  Cascade  Mountains  by  the  way  of  the 
Santiam  River  to  intercept  the  old  emigrant  road  in 
the  valley  of  the  Malheur,  or  east  of  there,  from 
which  it  will  be  seen  that  there  was  still  a  conviction 
in  some  minds  that  a  pass  existed  which  would  lead 
travellers  into  the  heart  of  the  valley.  That  no  such 
pass  was  discovered  in  1848,  or  until  long  after  annual 
caravans  of  wagons  and  cattle  from  the  States  ceased 

18  Or.  Spectator,  Sept.  30,  1847. 

19  Holders  Or.  Pioneering,  MS.,  6. 

20  Or.  Laws,  1843-9,  50,  55-G;  Benton  County  Almanac,  1876,  1,  2;  Or. 
Pioneer  Assoc.,  Trans.,  1875,  59. 


CURRENCY  AND  PRICES.  13 

to  ck  iand  it,  is  also  true.21  But  it  was  a  benefit  to 
the  country  at  large  that  a  motive  existed  for  annual 
exploring  expeditions,  each  one  of  which  brought 
into  notice  some  new  and  favorable  situations  for 
settlements,  besides  promoting  discoveries  of  its  min 
eral  resources  of  importance  to  its  future  develop 
ment.22 

On  account  of  the  unusual  and  late  rains  in  the 
summer  of  1847,  the  large  immigration  which  greatly 
increased  the  home  consumption,  and  the  Cayuse  war 
which  reduced  the  number  of  producers,  the  colony 
experienced  a  depression  in  business  and  a  rise  in 
prices  which  was  the  nearest  approach  to  financial 
distress  which  the  country  had  yet  suffered.  Farm 
ing  utensils  were  scarce  and  dear,  cast-iron  ploughs 
selling  at  forty-five  dollars.23  Other  tools  were  equally 
scarce,  often  requiring  a  man  who  needed  an  axe  to 
travel  a  long  distance  to  procure  one  second-hand  at 
a  high  price.  '  This  scarcity  led  to  the  manufacture 
of  axes  at  Vancouver,  for  the  company's  own  hunters 
and  trappers,  before  spoken  of  as  exciting  the  suspi 
cion  of  the  Americans.  Nails  brought  from  twenty 
to  twenty -five  cents  per  pound;  iron  twelve  and  a 
half.  Groceries  were  high,  coffee  bringing  fifty  cents 
a  pound;  tea  a  dollar  and  a  half;  coarse  Sandwich 
Island  sugar  twelve  and  fifteen  cents;  common  mo 
lasses  fifty  cents  a  gallon.  Coarse  cottons  brought 
twenty  and  twenty -five  cents  a  yard;  four -point 
blankets  five  dollars  a  single  one;  but  ready-made 
common  clothing  for  men  could  be  bought  cheap. 
Flour  was  selling  in  the  spring  for  four  and  five 
dollars  a  barrel,  and  potatoes  at  fifty  cents  a  bushel; 

21  It  was  discovered  within  a  few  years,  and  is  known  as  Minto's  Pass.    A 
road  leading  from  Albany  to  eastern  Oregon  through  this  pass  was  opened 
about  1877. 

22  Mention  is  made  at  this  early  day  of  discoveries  of  coal,  iron,  copper, 
plumbago,  mineral  paint,  and  valuable  building  and  lime  stone.   Thornton's 
Or.  and  Gal,  i.  331-47;  S.  F.  Californian,  April  19,  1848. 

23  Brown  says:  '  We  reaped  our  wheat  mostly  with  sickles;  we  made  wooden 
mould-boards  with  a  piece  of  iron  for  the  coulter. '  Willamette  Valley,  MS.,  6. 


14  CONDITION  OF  AFFAIRS. 

high  prices  for  those  times,  but  destined  to  become 
higher.24 

The  evil  of  high  prices  was  aggravated  by  the 
nature  of  the  currency,  which  was  government  scrip, 
orders  on  merchants,  and  wheat;  the  former,  though 
drawing  interest,  being  of  uncertain  value  owing  to 
the  state  of  the  colonial  treasury  which  had  never 
contained  money  equal  to  the  face  of  the  government's 
promises  to  pay.  The  law  making  orders  on  mer 
chants  currency  constituted  the  merchant  a  banker 
without  any  security  for  his  solvency,  and  the  value 
of  wheat  was  liable  to  fluctuation.  There  were,  be 
sides,  different  kinds  of  orders.  An  Abernethy  order 
was  not  good  for  some  articles.  A  Hudson's  Bay 
order  might  have  a  cash  value,  or  a  beaver-skin  value. 
In  making  a  trade  a  man  was  paid  in  Couch,  Aber 
nethy,  or  Hudson's  Bay  currency,  all  differing  in 
value.25  The  legislature  of  1847  so  far  amended  the 

o 

currency  act  as  to  make  gold  and  silver  the  only  law 
ful  tenddr  for  the  payment  of  judgments  rendered  in 
the  courts,  where  no  special  contract  existed  to  the 
contrary;  but  making  treasury  drafts  lawful  tender 
in  payment  of  taxes,  or  in  compensation  for  the  ser 
vices  of  the  officers  or  agents  of  the  territory,  unless 
otherwise  provided  by  law;  and  providing  that  all 
costs  of  any  suit  at  law  should  be  paid  in  the  same  kind 
of  money  for  which  judgment  might  be  rendered. 

This  relief  was  rather  on  the  side  of  the  litigants 
than  the  people  at  large.  Merchants'  paper  was  worth 
as  much  as  the  standing  of  the  merchant.  Nowhere 
in  the  country,  except  at  the  Hudson's  Bay  Company's 
store,  would  an  order  pass  at  par.26  The  inconvenience 
of  paying  for  the  simplest  article  by  orders  on  wheat 
in  warehouse  was  annoying  both  to  purchaser  and 
seller.  The  first  money  brought  into  the  country  in 
any  quantity  was  a  barrel  of  silver  dollars  received  at 

**S.  F.  California  Star,  July  10,  1847;  Crawford's  Nar.,  MS.,  119-20. 
25  Lovejoy's  Portland,  MS.,  35-6. 
"Briyg'tPort  Townsend,  MS.,  11-13. 


SHIPPING.  15 

Vancouver  to  be  paid  in  monthly  sums  to  the  crew 
of  the  Modeste*1  The  subsequent  overland  arrivals 
brought  some  coin,  though  not  enough  ta  remedy  the 
evil. 

One  effect  of  the  condition  of  trade  in  the  colony 
was  to  check  credit,  which  in  itself  would  not  have 
been  injurious,  perhaps,28  had  it  not  also  tended  to 
discourage  labor.  A  mechanic  who  worked  for  a 
stated  price  was  not  willing  to  take  whatever  might 
be  given  him  in  return  for  his  labor.29 

Another  effect  of  such  a  method  was  to  prevent 
vessels  coming  to  Oregon  to  trade.30  The  number  of 

Z1  Roberts'  Recollections,  MS.,  21;  Ebbert's  Trapper's  Lift,  MS.,  40. 

28  Howison  relates  that  he  found  many  families  who,  rather  than  incur  debt, 
had  lived  during  their  first  year  in  the  country  entirely  on  boiled  wheat  and 
salt  salmon,  the  men  going  without  hat  or  shoes  while  putting  in  and  harvest 
ing  their  first  crop.  Coast  and  Country,  16. 

29  Moss  gives  an  illustration  of  this  check  to  industry.    A  man  named 
Anderson  was  employed  by  Abernethy  in  his  saw-mill,  and  labored  night  and 
day.     Abernethy 's  stock  of  goods  was  not  large  or  well  graded,  and  he  would 
sell  certain  articles  only  for  cash,  even  when  his  own  notes  were  presented. 
Anderson  had  purchased  part  of  a  beef,  \vhich  he  wished  to  salt  for  family 
use,  but  salt  being  one  of  the  articles  for  which  cash  was  the  equivalent  at 
Abernethy's  store,  he  was  refused  it,  though  Abernethy  was  owing  him,  and 
he  was  obliged  to  go  to  the  fur  company's  store  for  it.  Pioneer  Times,  MS., 
40-3. 

30  Herewith  I  summarize  the  Oregon  ocean  traffic  for  the  14  years  since  the 
first  American  settlement,  most  of  which  occurrences  are  mentioned  elsewhere. 
The  Hudson's  Bay  Company  employed  in  that  period  the  barks  Ganymede, 
Forager,  Nereid,  Columbia,  Cowlitz,  Diamond,    Vancouver,   Wave,  Brothers, 
Janet,  Admiral  Moorsom,  the  brig  Mary  Dare,  the  schooner  Cadboro,  and  the 
steamer  Beaver,  several  of  them  owned  by  the  company.     The  Beaver,  after 
her  first  appearance  in  the  river  in  1836,  was  used  in  the  coast  trade  north 
of  the  Columbia.     The  barks  Cowlitz,  Columbia,  Vancouver,  and  the  schooner 
Cadboro  crossed  the  bar  of  the  Columbia  more  frequently  than  any  other  ves 
sels  from  1836  to  1848.     The  captains  engaged  in  the  English  service  were 
Eales,  Royal,  Home,  Thompson,  McNeil,  Duncan,  Fowler,  Brotchie,  More, 
Darby,  Heath,  Dring,  Flere,  Weyington,  Cooper,  McKnight,  Scarborough,  and 
Humphreys,  who  were  not  always  in  command  of  the  same  vessel.     There 
was  the  annual  vessel  to  and  from  England,  but  the  others  were  employed  in 
trading  along  the  coast,  and  between  the  Columbia  River  and  the  Sandwich 
Islands,  or  California,  their  voyages  extending  sometimes  to  Valparaiso,  from 
which  parts  they  brought  the  few  passengers  coming  to  Oregon. 

The  first  American  vessel  to  enter  the  Columbia  after  the  arrival  of  the 
missionaries  was  the  brig  Loriot,  Captain  Bancroft,  in  Dec.  1836;  the  second 
the  Diana,  Captain  W.  S.  Hinckley,  May  1837;  the  third  the  Lausanne, 
Captain  Spaulding,  May  1840.  None  of  these  came  for  the  purpose  of  trade. 
There  is  mention  in  the  2oth  Cong.,  3d  Sess.,  U.  S.  Com.  Kept.  101,  58,  of 
the  ship  Joseph  Peabody  fitting  out  for  the  Northwest  Coast,  but  she  did  not 
enter  the  Columbia  so  far  as  I  can  learn.  In  August  1840  the  first  American 
trader  since  Wyeth  arrived.  This  was  the  brig  Maryland,  Captain  John  H. 
Couch,  from  Newburyport,  belonging  to  the  house  of  Gushing  £  Co.  She  took 
a  few  fish  and  left  the  river  in  the  autumn  never  to  return.  In  April  1841 


16  CONDITION  OF  AFFAIRS. 

American  vessels  which  brought  goods  to  the  Colum 
bia  or  carried  away  the  products  of  the  colony  was 
small.  Since  1834  the  bar  of  the  Columbia  had  been 
crossed  by  American  vessels,  coming  in  and  going 
out,  fifty-four  times.  The  list  of  American  vessels 
entering  during  this  period  comprised  twenty-two  of 

the  second  trader  appeared,  the  Thomas  H.  Perkins,  Captain  Varney.  She 
remained  through  the  summer,  the  Hudson's  Bay  Company  finally  purchas 
ing  her  cargo  and  chartering  the  vessel  to  get  rid  of  her.  Then  came  the  U.  S. 
exploring  expedition  the  same  year,  whose  vessels  did  not  enter  the  Columbia 
owing  to  the  loss  of  the  Peacock  on  the  bar.  After  this  disaster  Wilkes  bought 
the  charter  and  the  name  of  the  Perkins  was  changed  to  the  Oregon,  and  she 
left  the  river  with  the  shipwrecked  mariners  for  California.  On  the  2d  of 
April  1842  Captain  Couch  reappeared  with  a  new  vessel,  the  Chenamus,  named 
after  the  chief  of  the  Chinooks.  He  brought  a  cargo  of  goods  which  he  took 
to  Oregon  City,  where  he  established  the  first  American  trading-house  in  the 
Willamette  Valley,  and  also  a  small  fishery  on  the  Columbia.  She  sailed  for 
Newburyport  in  the  autumn.  On  this  vessel  came  Richard  Ekin  from  Liver 
pool  to  Valparaiso,  the  Sandwich  Islands,  and  thence  to  Oregon.  He  settled 
near  Salem  and  was  the  first  saddle-maker.  From  which  circumstance  I  call 
his  dictation  The  Saddle-Maker.  Another  American  vessel  whose  name  does 
not  appear,  but  whose  captain's  name  was  Chapman,  entered  the  river  April 
10th  to  trade  and  fish,  and  remained  till  autumn.  She  sold  liquor  to  the  Clatsop 
and  other  savages,  and  occasioned  much  discord  and  bloodshed  in  spite  of  the 
protests  of  the  missionaries.  In  May  1843  the  ship  Fama,  Captain  Nye,  arrived 
with  supplies  for  the  missions.  She  brought  several  settlers,  namely:  Philip  Fos 
ter,  wife,  and  4  children;  F.  W.  Petty  grove,  wife,  and  child;  Peter  F.  Hatch, 
wife  and  child;  and  Nathan  P.  Mack.  Pettygrove  brought  a  stock  of  goods  and 
began  trade  at  Oregon  City.  In  August  of  the  same  year  another  vessel  of  the 
Newburyport  Company  arrived  with  Indian  goods,  and  some  articles  of  trade 
for  settlers.  This  was  the  bark  Pallas,  Captain  Sylvester;  she  remained  until 
November,  when  she  sailed  for  the  Islands  and  was  sold  there,  Sylvester 
returning  to  Oregon  the  following  April  1844  in  the  Chenamus,  Captain  Couch, 
which  had  made  a  voyage  to  Newburyport  and  returned.  She  brought  from 
Honolulu  Horace  Hold  en  and  family,  who  settled  in  Oregon;  also  a  Mr  Cooper, 
wife  and  boy;  Mr  and  Mrs  Burton  and  3  children,  besides  Griffin,  Tidd,  and 
Goodhue.  The  Chenamus  seems  to  have  made  a  voyage  to  the  Islands  in  the 
spring  of  1845,  in  command  of  Syh'ester,  and  to  have  left  there  June  12th 
to  return  to  the  Columbia.  This  was  the  first  direct  trade  with  the  Islands. 
The  Chenamus  brought  as  passengers  Hathaway,  Weston,  Roberts,  John  Crank- 
bite,  and  Elon  Fellows.  She  sailed  for  Newburyport  in  the  winter  of  1845, 
and  did  not  return  to  Oregon.  In  the  summer  of  1844  the  British  sloop-of- 
war  Modeste,  Captain  Baillie,  entered  the  Columbia  and  remained  a  short  time 
at  Vancouver.  On  the  31st  of  July  the  Belgian  ship  U  Infatigable  entered 
the  Columbia  by  the  before  undiscovered  south  channel,  escaping  wreck,  to 
the  surprise  of  all  beholders.  She  brought  De  Smet  and  a  Catholic  reenforce- 
ment  for  the  missions  of  Oregon.  In  April  1845  the  Swedish  brig  Bull  visited 
the  Columbia ;  she  was  from  China :  Shilliber,  supercargo.  Captain  Worn- 
grew  remained  but  a  short  time.  On  the  14th  of  October  the  Amer 
ican  bark,  Toulon,  Captain  Nathaniel  Crosby,  from  New  York,  arrived 
with  goods  for  Pettygrove's  trading-houses  in  Oregon  City  and  Portland: 
Benjamin  Stark  jun.,  supercargo.  In  September  the  British  sloop-of-war 
Modeste  returned  to  the  Columbia,  where  she  remained  till  June  1847.  The 
British  ehip-of-war  America,  Captain  Gordon,  was  in  Puget  Sound  during 
the  summer.  In  the  spring  of  1846  the  Toulon  made  a  voyage  to  the  Ha 
waiian  Islands,  returning  June  24th  with  a  cargo  of  sugar,  molasses,  coffee, 


IMPORTS  AND  PASSENGERS.  17 

all  classes.  Of  these  in  the  first  six  years  not  one 
was  a  trader;  in  the  following  six  years  seven  were 
traders,  but  only  four  brought  cargoes  to  sell  to 
the  settlers,  and  these  of  an  ill-assorted  kind.  From 
March  1847  to  August  1848  nine  different  American 
vessels  visited  the  Columbia,  of  which  one  brought  a 

cotton,  woollen, goods,  and  hardware;  also  a  number  of  passengers,  viz.:  Mrs 
Whittaker  and  3  children,  and  Shelly,  Armstrong,  Rogers,  Overton,  Norris, 
Brothers,  Powell,  and  French  and  2  sons.  The  Toulon  continued  to  run  to 
the  Islands  for  several  years.  On  the  2Gth  of  June  1846  the  American  bark 
Moriposa,  Captain  Parsons,  arrived  from  New  York  with  goods  consigned  to 
Benjamin  Stark  jun. ,  with  Mr  and  Miss  Wadsworth  as  passengers.  The  Mari- 
posa  remained  but  a  few  weeks  in  the  river.  On  the  18th  of  July  the  U.  S. 
schooner  Shark,  Captain  Neil  M.  Howison,  entered  the  Columbia,  narrowly 
escaping  shipwreck  on  the  Chinook  Shoal.  She  remained  till  Sept.,  and  was 
wrecked  going  out  of  the  mouth  of  the  river.  During  the  summer  the  British 
frigate  Fisfjard,  Captain  Duntre,  was  stationed  in  Puget  Sound.  About  the  1  at  of 
March  1847  the  brig  Henry,  Captain  William  K.  Kilborne,  arrived  from  New- 
buryport  for  the  purpose  of  establishing  a  new  trading-house  at  Oregon  City. 
The  Henry  brought  as  passengers  Mrs  Kilborne  and  children;  G.  W.  Lawton,  a 
partner  in  the  venture;  D.  Good,  wife,  and  2  children;  Mrs  Wilson  and  2 
children;  H.  Swasey  and  wife;  R.  Douglas,  D.  Markwood,  C.  C.  Shaw,  B. 
R.  Marcellus,  a  d  S.  C.  Reeves,  who  became  the  first  pilot  on  the  Columbia 
River  bar.  The  goods  brought  by  the  Henry  were  of  greater  variety 
than  any  stock  before  it ;  but  they  were  also  in  great  part  second-hand  arti- 
sles  of  furniture  on  which  an  enormous  profit  was  made,  but  which  sold 
readily  owing  to  the  great  need  of  stoves,  crockery,  cabinet-ware,  mirrors, 
and  other  like  conveniences  of  life.  The  Henry  was  placed  under  the  com 
mand  of  Captain  Bray,  and  was  employed  trading  to  California  and  the 
[slands.  On  the  24th  of  March  the  brig  (Jommodore  Stockton,  Captain  Young, 
from  San  Francisco,  arrived,  probably  for  lumber,  as  she  returned  in  April. 
The  Stockton  was  the  old  Pallas  renamed.  On  the  14th  of  June  the  American 
ship  Brutus,  Captain  Adams,  from  Boston  and  San  Francisco,  arrived,  and 
remained  in  the  river  several  weeks  for  a  cargo.  On  the  22d  of  the  same 
month  the  American  bark  Whiton,  Captain  Gelston,  from  Monterey,  arrived, 
also  for  a  cargo;  and  on  the  27th  the  American  ship  Mount  Vernon,  Captain 
0.  J.  Given,  from  Oahu,  also  entered  the  river.  By  the  Whiton  there  came 
as  settlers  Rev.  William  Roberts,  wife  and  2  children,  Rev.  J.  H.  Wilbur, 
wife,  and  daughter,  Edward  F.  Folger,  Richard  Andrews,  George  Whitlock, 
and  J.  M.  Stanley,  the  latter  a  painter  seeking  Indian  studies  for  pictures. 
The  Whiton  returned  to  California  and  made  another  visit  to  the  Columbia 
River  in  September.  On  the  13th  of  August  there  arrived  from  Brest,  France, 
the  bark  UEtoile  du  Matin,  Captain  Menes,  with  Archbishop  Blanchet  and  a 
Catholic  reeni'orcement  of  21  persons,  viz.:  Three  Jesuit  priests,  Gaetz, 
Gazzoli,  Menestrey,  and  3  lay  brothers;  5  secular  priests,  Le  Bas,  Mc- 
Cormick,  Deleveau,  Pretot,  and  Veyret;  2  deacons,  B.  Delorme,  and  J.  F. 
Jayol;  and  one  cleric,  T.  Mesplie;  and  7  sisters  of  Notre  Dame  cle  Namur. 
Captain  Menes  afterwards  engaged  in  merchandising  in  Oregon.  U&toile  du 
Matin  was  wrecked  on  the  bar.  On  the  10th  of  March  1848  the  U.  S.  trans 
port  Anita,  Midshipman  Woodworth  in  command,  arrived  in  the  Columbia  to 
recuit  for  the  army  in  Mexico,  and  remained  until  the  22d  of  April.  About 
this  time  the  American  brig  Eveline,  Captain  Goodwin,  entered  the  Columbia 
for  a  cargo  of  lumber;  she  left  the  river  May  7th.  The  Hawaiian  schooner 
Mary  Ann,  Captain  Belcham,  was  also  in  the  river  in  April.  The  8th  of  May 
the  Hudson's  Bay  Company's  bark  Vancouver,  Captain  Duncan,  was  lost  after 
crossing  the  bar,  with  a  cargo  from  London  vaLu»4  at  £30,000,  and  unin- 
HWT.  OK.,  VOL.  II.  2 


18  CONDITION  OF  AFFAIRS. 

stock  of  general  merchandise,  and  the  rest  had  come 
for  provisions  and  lumber,  chiefly  for  California.  All 
the  commerce  of  the  country  not  carried  on  by  these 
few  vessels,  most  of  them  arriving  and  departing  but 
once,  was  enjoyed  by  the  British  fur  company,  whose 
barks  formed  regular  lines  to  the  Sandwich  Islands, 
California,  and  Sitka. 

It  happened  that  during  1846,  the  year  following 
the  incoming  of  three  thousand  persons,  n,ot  a  single 
ship  from  the  Atlantic  ports  arrived  at  Oregon  with 
merchandise,  and  that  all  the  supplies  for  the  year 
were  brought  from  the  Islands  by  the  Toulon,  the 
sole  American  vessel  owned  by  an  Oregon  company, 
the  Chenamus  having  gone  home.  This  state  of 
affairs  occasioned  much  discontent,  and  an  examina 
tion  into  causes.  The  principal  grievance  presented 
was  the  rule  of  the  Hudson's  Bay  Company,  which 
prohibited  their  vessels  from  carrying  goods  for  per 
sons  not  concerned  with  them.  But  the  owners  of 
the  only  two  American  vessels  employed  in  transpor 
tation  between  the  Columbia  and  other  ports  had 

sured.  She  was  in  charge  of  the  pilot,  but  missed  stays  when  too  near  the 
south  sands,  and  struck  where  the  Shark  was  wrecked  2  years  before.  On  the 
27th  of  July  the  American  schooner  Honolulu,  Captain  Newell,  entered  the 
Columbia  for  provisions;  and  about  the  same  time  the  British  war-ship  Con 
stance,  Captain  Courtenay,  arrived  in  Puget  Sound.  The  Hawaiian  schooner 
Starling,  Captain  Menzies,  arrived  the  10th  of  August  in  the  river  for  a  cargo 
of  provisions.  The  Henry  returned  from  California  at  the  same  time,  with  the 
news  of  the  gold-discovery,  which  discovery  opened  a  new  era  in  the  traffic  of 
the  Columbia.  The  close  of  the  period  was  marked  by  the  wreck  of  the  whale- 
ship  Maine,  Captain  Netcher,  with  1,400  barrels  of  whale-oil,  150  of  sperm-oil, 
and  14,000  pounds  of  bone.  She  had  been  two  years  from  Fairhaven,  Mass., 
and  was  a  total  loss.  The  American  schooner  Maria,  Captain  De  Witt,  was 
in  the  river  at  the  same  time,  for  a  cargo  of  flour  for  San  Francisco;  also  the 
sloop  Peacock,  Captain  Gier;  the  brig  Sabine,  Captain  Crosby ;  and  the  schooner 
Ann,  Captain  Melton;  all  for  cargoes  of  flour  and  lumber  for  San  Francisco. 
Later  in  the  summer  the  Harpooner,  Captain  Morice,  was  in  the  river.  The 
sources  from  which  I  have  gleaned  this  information  are  McLoughlin'a  Private 
Papers,  2d  ser.,  MS.;  Douglas1  Private  Papers,  2d  ser.,  MS;  a  list  made 
by  Joseph  Hardisty  of  the  Hudson's  Bay  Company,  and  published  in  the 
Or.  Spectator,  Aug.  19,  1851;  Parker's  Journal;  Kelley's  Colonization  of  Or.; 
Townsend's  Nar.;  Lee  and  Front's  Or. ;  Hines'  Or.  Hist.;  27th  Cong.,  3d  Sess., 
H.  Com.  Rept.  31,  37;  Niks'  Reg.,  Ixi.  320;  Wilkes'  Nar.  U.  S.  E.rplor.  Ex., 
iv.  312;  Athcy's  Workshops,  MS.,  3;  Honolulu  Friend;  Monthly  Shipping  List; 
Petty:  trove's  Or.,  MS.,  10;  Victor's  River  of  the  West,  392,  398;  Honolulu  News 
Shipping  List,  1848;  Sylvester's  Olympia,  MS.,  1-4;  Deady's  Scrap-booh,  140; 
Jlonolulu  Gazette,  Dec.  3,  1836;  Honolulu  Po'ynexian,  i.  10,  39,  51,  54;  Mack's 
Or.,  MS.,  2;  Blanche? s  Hist.  Cath.  Church  in  Or.,  143,  158. 


FLOUR,  SALT,  AND  SALMON.  19 

adopted  the  same  rule,  and  refused  to  carry  wheat, 
lumber,  or  any  other  productions  of  the  country,  for 
private  individuals,  having  freight  enough  of  their 
own. 

The  granaries  and  flouring -mills  of  the  country 
were  rapidly  becoming  overstocked;  lumber,  laths,  and 
shingles  were  being  made  much  faster  than  they  could 
be  disposed  of,  and  there  was  no  way  to  rid  the  colony 
of  the  over-production,  while  money  was  absolutely 
required  for  certain  classes  of  goods.  As  it  was  de 
clared  by  one  of  the  leading  colonists,  "the  best  families 
in  the  country  are  eating  their  meals  and  drinking 
their  tea  and  coffee — when  our  merchants  can  afford 
it — from  tin  plates  and  cups;31  many  articles  of  cloth 
ing  and  other  things  actually  necessary  for  our  con 
sumption  are  not  to  be  purchased  in  the  country;  our 
children  are  growing  up  in  ignorance  for  want  of 
school-books  to  educate  them ;  and  there  has  not  been 
a  plough-mould  in  the  country  for  many  months." 

In  the  autumn  of  1845  salt  became  scarce,  and  was 
raised  in  price  from  sixty-two  and  a  half  cents  a  bushel 
to  two  dollars  at  McLoughlin's  store  in  Oregon  City. 
The  American  merchants,  Stark  and  Pettygrove,  saw 
an  opportunity  of  securing  a  monopoly  of  the  salmon 
trade  by  withholding  their  salt,  a  cash  article,  from 
market,  at  any  price,  and  many  families  were  thereby 
compelled  to  dispense  with  this  condiment  for  months. 
Such  was  the  enmity  of  the  people,  however,  toward 
McLoughlin  as  a  British  trader,  that  it  was  seriously 
proposed  in  Yarnhill  County  to  take  by  force  the  salt 
of  the  doctor,  who  was  selling  it,  rather  than  to  rob 
the  American  merchants  who  refused  to  sell.32 

It  was  deemed  a  hardship  while  flour  brought  from 
ten  to  fifteen  dollars  a  barrel  in  the  Hawaiian  Islands, 

31  McCarver,  in  Or.  Spectator,  July  4,  1846.    Thornton  says  Mr  Waymire 
paid  Pettygrove,  at  Portland,  $2.50  'for  6  very  plain  cups  and  saucers,  which 
could  be  had  in  the  States  for  25  cents;  and  the  same  for  6  very  ordinary  and 
plain  plates.    Wheat  at  that  time  was  worth  $1  per  bushel.'  Or.  and  Cal.,  ii. 
52. 

32  Bacon's  Merc.  Life  in  Or.  City,  MS.,  22. 


20  CONDITION  OF  AFFAIRS. 

and  New  York  merchants  made  a  profit  by  shipping 
it  from  Atlantic  ports  where  wheat  was  worth  more 
than  twice  its  Oregon  price,  that  for  want  of  shipping, 
the  fur  company  and  two  or  three  American  mer 
chants  should  be  privileged  to  enjoy  all  the  benefits 
of  such  a  market,  the  farmers  at  the  same  time  being 
kept  in  debt  to  the  merchants  by  the  low  price  of 
wheat.  Many  long  articles  were  published  in  the 
Spectator  exhibiting  the  enormous  injury  sustained  on 
the  one  hand  and  the  extraordinary  profits  enjoyed 
on  the  other,  some  of  which  were  answered  by  James 
Douglas,  who  was  annoyed  by  these  attacks,  for  it 
was  always  the  British  and  not  the  American  traders 
who  were  blamed  for  taking  advantage  of  their  oppor 
tunity.  The  fur  company  had  no  right  to  avail  them 
selves  of  the  circumstances  causing  fluctuation;  only 
the  Americans  might  fatten  themselves  on  the  wants 
of  the  people.  If  the  fur  company  kept  down  the 
price  of  wheat,  the  American  merchants  forced  up  the 
price  of  merchandise,  and  if  the  former  occasionally 
made  out  a  cargo  by  carrying  the  flour  or  lumber  of 
their  neighbors  to  the  Islands,  they  charged  them  as 
much  as  a  vessel  coming  all  the  way  out  from  New 
York  would  do,  and  for  a  passage  to  Honolulu  one 
hundred  dollars.  In  the  summer  of  1846  the  super 
cargo  of  the  Toulon,  Benjamin  Stark,  jun.,  after  carry 
ing  out  flour  for  Abernethy,  refused  to  take  the  return 
freight  except  upon  such  terms  as  to  make  acceptance 
out  of  the  question;  his  object  being  to  get  his  own 
goods  first  to  market  and  obtain  the  price  consequent 
on  the  scarcity  of  the  supply.33  Palmer  relates  that 
the  American  merchants  petitioned  the  Hudson's  Bay 
Company  to  advance  their  prices;  and  that  it  was 
agreed  to  sell  to  Americans  at  a  higher  price  than 
that  charged  to  their  own  people,  an  arrangement  that 
lasted  for  two  years.34 

83  Or.  Spectator,  July  23,  1846;  Howison's  Coast  and  Country,  MS.,  21; 
Waldo's  Critiques,  MS.,  18. 

81  Palmer's  Journal,  117-18;  Roberts'  Recollections,  MS.,  67. 


INFLUENCE  OF  MONOPOLY.  21 

The  colonists  felt  that  instead  of  bein<y  half- clad, 

O 

and  deprived  of  the  customary  conveniences  of  living, 
they  ought  to  be  selling  from  the  abundance  of  their 
farms  to  the  American  fleet  in  the  Pacific,  and 
reaching  out  toward  the  islands  of  the  ocean  and  to 
China  with  ships  of  their  own.  To  remedy  the  evil 
and  bring  about  the  result  aspired  to,  a  plan  was  pro 
posed  through  the  Spectator,  whereby  without  money 
a  joint-stock  company  should  be  organized  for  carry 
ing  on  the  commerce  of  the  colony  in  opposition  to 
the  merchants,  British  or  American.  This  plan  was 
to  make  the  capital  stock  consist  of  six  hundred 
thousand  or  eight  hundred  thousand  bushels  of  wheat 
divided  into  shares  of  one  hundred  bushels  each. 
When  the  stock  should  be  taken  and  officers  elected, 
bonds  should  be  executed  for  as  much  money  as 
would  buy  or  build  a  schooner  and  buy  or  erect  a 
grist-mill. 

A  meeting  was  called  for  the  16th  of  January  1847, 
to  be  held  at  the  Methodist  meeting-house  in  Tuala 
tin  plains.  Two  meeting  were  held,  but  the  conclu 
sion  arrived  at  was  adverse  to  a  chartered  company ; 
the  plan  adopted  for  disposing  of  their  surplus  wheat 
being  to  select  and  authorize  an  agent  at  Oregon  City 
to  receive  and  sell  the  grain,  and  import  the  goods 
desired  by  the  owners.  A  committee  was  chosen  to 
consider  proposals  from  persons  bidding,  and  Governor 
Abernethy  was  selected  as  miller,  agent,  and  importer. 
Twenty-eight  shares  were  taken  at  the  second  meet 
ing  in  Yamhill.  An  invitation  was  extended  to  other 
counties  to  hold  meetings,  correspond,  and  fit  them 
selves  intelligently  to  carry  forward  the  project,  which 
ultimately  would  bring  about  the  formation  of  a  char 
tered  company.35  The  scheme  appeared  to  be  on  the 

33  The  leaders  in  the  movement  seem  to  have  been  E.  Lennox,  M.  M.  Mc- 
Carver,  David  Hill,  J.  L.  Meek,  Lawrence  Hall,  J.  S.  Griffin,  and  Caffen- 
burg  of  Yamhill;  David  Leslie,  L.  H.  Judson,  A.  A.  Robinson,  J.  S.  Smith, 
Charles  Bennett,  J.  B.  McClane,  Robert  Newell,  T.  J.  Hubbard,  and  E. 
Dupuis  of  Champoeg.  Or.  Spectator,  March  4  and  April  29,  1847;  S.  F.  Cali 
fornia  Star,  Feb.  27,  1847. 


22  CONDITION  OF  AFFAIRS. 

way  to  success,  when  an  unlooked-for  check  was  re 
ceived  in  the  loss  of  a  good  portion  of  the  year's  crop, 
by  late  rains  which  damaged  the  grain  in  the  fields. 
This  deficiency  was  followed  by  the  large  immigration 
of  that  year  which  raised  the  price  of  wheat  to  double 
its  former  value,  and  rendered  unnecessary  the  plan  of 
exporting  it;  while  the  Cayuse  war,  following  closely 
upon  these  events,  absorbed  much  of  the  surplus 
means  of  the  colony. 

Previous  to  1848  the  trade  of  Oregon  was  with  the 
Hawaiian Islandsprincipally, and  the  exports  amounted 
in  1847  to  $54,784.99.36  This  trade  fell  off  in  1848 
to  $14,986.57;  not  on  account  of  a  decrease  in  ex 
ports  which  had  in  fact  been  largely  augmented,  as 
the  increase  in  the  shipping  shows,  but  from  being 
diverted  to  California  by  the  American  conquest  and 
settlement;  the  demand  for  lumber  and  flour  begin 
ning  some  months  before  the  discovery  of  gold.37 

The  colonial  period  of  Oregon,  which  may  be  likened 
to  man's  infancy,  and  which  had  struggled  through 
numerous  disorders  peculiar  to  this  phase  of  existence, 
had  still  to  contend  against  the  constantly  recurring 
nakedness.  From  the  fact  that  down  to  the  close  of 
1848  only  five  ill-assorted  cargoes  of  American  goods 
had  arrived  from  Atlantic  ports,38  which  were  partially 

36  Polynesian,  iv.  135.     I  notice  an  advertisement  in  S.  7.  Friend,  April 
1845,  where  Albert  E.  Wilson,  at  Astoria,  offers  his  services  as  commission 
merchant  to  persons  at  the  Islands. 

37  Thornton's  Or.  and  Cat.,  ii.  63. 

38  The  cargo  of  the  Toulon,  the  last  and  largest  supply  down  to  the  close  of 
1845,  consisted  of  '20  cases  wooden  clocks,  20  bbls.  dried  apples,  3  small  mills, 
1  doz.  crosscut-saws,  mill-saws  and  saw-sets,  mill-cranks,  ploughshares,  and 
[  itchforks,  1  winno wing-machine,  100  casks  of  cut  nails,  50  boxes  saddler's 
tacks,  b'  boxes  carpenter's  tools,   12  doz.  hand-axes,  20  boxes  manufactured 
tobacco,  5,000  cigars,  50  kegs  white  lead,  100  kegs  of  paint,  i  doz.  medicine- 
chests,  50  bags  Rio  coffee,  25  bags  pepper,  200  boxes  soap,  50  cases  boots  and 
shoes,  6  cases  slippers,  50  cane-seat  chairs,  40  doz.  wooden-seat  chairs,  50  doz. 
sarsaparilla,  10  bales  sheetings,  4  cases  assorted  prints,  one  bale  damask  tartan 
shawls,  5  pieces  striped  jeans,  6  doz.  satinet  jackets,  12  doz.  linen  duck  pants, 
10  doz.  cotton  duck  pants,  12  doz.  red  flannel  shirts,  200  dozen  cotton  hand 
kerchiefs,  6  cases  white  cotton  flannels,  6  bales  extra  heavy  indigo-blue  cot 
ton,  2  cases  negro  prints,  1  case  black  velveteen,  4  bales  Mackinaw  blankets, 
150  casks  and  bbls.  molasses,  450  bags  sugar,  etc.,  for  sale  at  reduced  prices 
for  cash. '  Or.  Spectator,  Feb.  5,  1846. 


THE  COLONIAL  PERIOD.  23 

replenished  by  purchases  of  groceries  made  in  the 
Sandwich  Islands,  and  that  only  the  last  cargo,  that 
of  the  Henry  in  1847,  brought  out  any  assortment  of 
goods  for  women's  wear,89  it  is  strikingly  apparent 
that'  the  greatest  want  in  Oregon  was  the  want  of 
clothes. 

The  children  of  some  of  the  foremost  men  in  the 
farming  districts  attended  school  with  but  a  single  gar 
ment,  which  was  made  of  coarse  cotton  sheeting  dyed 
with  copperas  a  tawny  yellow.  During  the  Cayuse 
\var  some  young  house-keepers  cut  up  their  only  pair 
of  sheets  to  make  shirts  for  their  husbands.  Some 
women,  as  well  as  men,  dressed  in  buckskin,  and  in 
stead  of  in  ermine  justice  was  forced  to  appear  in  blue 
shirts  and  with  bare  feet.40  And  this  notwithstanding 
the  annual  ship-load  of  Hudson's  Bay  goods.  In  1848 
not  a  single  vessel  loaded  with  goods  for  Oregon 
entered  the  river,  and  to  heighten  the  destitution  the 
fur  company's  bark  Vancouver  was  lost  at  the  en 
trance  to  the  river  on  the  8th  of  May,  with  a  valuable 
cargo  of  the  articles  most  in  demand,  which  were  agri 
cultural  implements  and  dry-goods,  in  addition  to  the 
usual  stock  in  trade.  Instead  of  the  wives  and  daugh 
ters  of  the  colonists  being  clad  in  garments  becoming 
their  sex  and  position,  the  natives  of  the  lower  Columbia 
decked  in  damaged  English  silks41  picked  up  along  the 
beach,  gathered  in  great  glee  their  summer  crop  of 
blackberries  among  the  mountains.  The  wreck  of  the 
Vancouver  was  a  great  shock  to  the  colony.  A  large 
amount  of  grain  had  been  sown  in  anticipation  of  the 

39  The  Henry  brought  'silks,  mousseline  de  laines,  cashemeres,  d'dcosse, 
balzarines,  muslins,  lawns,  brown  and  bleached  cottons,  cambrics,  tartan  and 
net- wool  shawls,  ladies  and  misses  cotton  hose,  white  and  colored,  cotton  and 
silk  handkerchiefs.'  Id.,  April  1,  184t>: 

40  These  facts  I  have  gathered  from  conversations  with  many  of  the  pio 
neers.     They  have  also  been  alluded  to  in  print  by  Burnett,  Adams,  Moss, 
Nesmith,  and  Minto,  and  in  most  of  the  manuscript  authorities.     Moss  tells 
an  anecdote  of  Straight  when  he  was  elected  to  the  legislature  in  1845.     He 
had  no  coat,  and  was  distressed  on  account  of  the  appearance  he  should  make 
in  a  striped  shirt.     Moss  having  just  been  so  fortunate  as  to  have  a  coat  made 
by  a  taUor  sold  it  to  him  fur  $40  in  scrip,  which  has  never  been  redeemed. 
Pioneer  Times,  MS.,  43-4. 

"Crawford's  Nar.,  MS.,  147;  S.  F.  Calif ornian,  May  24,  1848. 


24  CONDITION  OF  AFFAIRS. 

demand  in  California  for  flour,  which  it  would  be  im 
possible  to  harvest  with  the  means  at  hand;  and  al 
though  by  some  rude  appliances  the  loss  was  partially 
overcome  it  could  not  be  wholly  redeemed.  To  add  to 
their  misfortunes,  the  whale-ship  Maine  was  wrecked 
at  the  same  place  on  the  23d  of  August,  by  which  the 
gains  of  a  two  years'  cruise  were  lost,  together  with 
the  ship. 

The  disaster  to  this  second  vessel  was  a  severe  blow 
to  the  colonists,  who  had  always  anticipated  great 
profits  from  making  the  Columbia  River  a  rendezvous 
for  the  whaling-fleet  on  the  north-west  coast.  Some 
of  the  owners  in  the  east  had  recommended  their  sail 
ing-masters  to  seek  supplies  in  Oregon,  out  of  a  desire 
to  assist  the  colonists.  But  it  was  their  ill-fortune  to 
have  the  first  whaler  attempting  entrance  broken  up 
on  the  sands  where  two  United  States  vessels,  the 
Peacock  and  Shark,  had  been  lost.42  Ever  since  the 
wreck  of  the  Shark  eiforts  had  been  made  to  inaug 
urate  a  proper  system  of  pilotage  on  the  bar,  and 
one  of  the  constant  petitions  to  congress  was  for  a 
steam-tug.  In  the  absence  of  this  benefit  the  Oregon 
legislature  in  the  winter  of  1846  passed  an  act  estab 
lishing  pilotage  on  the  bar  of  the  Columbia,  creating 
a  board  of  commissioners,  of  which  the  governor  was 
one,  with  power  to  choose  four  others,  who  should 
examine  and  appoint  suitable  persons  as  pilots.43 

The  first  American  pilot  was  S.  C.  Reeves,  who 
arrived  in  the  brig  Henry  from  Newburyport,  in 
March  1847,  and  was  appointed  in  April.44  He  went 
immediately  to  Astoria  to  study  the  channel,  and  was 
believed  to  be  competent.45  But  the  disaster  of  1848 

42  During  the  winter  of  1845-6,  4  American  whalers  were  lying  at  Vancou 
ver  Island,  the  ships  Morrison  of  Mass. ,  Louise  of  Conn. ,  and  2  others.     Six 
seamen  deserted  in  a  whale-boat,  but  the  Indians  would  not  allow  them  to 
land,  and  being  compelled  to  put  to  sea  a  storm  arose  and  3  of  them  per 
ished,  Robert  Church,  Frederick  Smith,  and  Rice  of  New  London.  Niles* 
Re<j.,  Ixx.  341. 

43  Or.  Spectator,  Jan.  7,  1847;  Or.  Laws,  1843-9,  46. 

44  The  8.  /.  Friend  of  Feb.  1849  said  that  the  first  and  third  mates  of  the 
Maine  had  determined  to  remain  in  Oregon  as  pilots. 

45  The  Hudson's  Bay  Company  had  no  pilots  and  no  charts,  and  wanted 


THE  COLUMBIA  ENTRANCE.  25 

caused  him  to  be  censured,  and  removed  on  the  charge 
of  conniving  at  the  wreck  of  the  Vancouver  for  the 
sake  of  plunder;  a  puerile  and  ill-founded  accusation, 
though  his  services  might  well  be  dispensed  with  on 
the  ground  of  incompetency.48 

If  the  sands  of  the  bar  shifted  so  much  that  there 
were  six  fathoms  in  the  spring  of  1847  where  there 
were  but  two  and  a  half  in  1846,  as  was  stated  by 
captains  of  vessels,47 1  see  no  reason  for  doubting  that 
a  sufficient  change  may  have  taken  place  in  the  winter 
of  1847-8,  to  endanger  a  vessel  depending  upon  the 
wind.  But  however  great  the  real  dangers  of  the  Co 
lumbia  bar,  and  perhaps  because  they  were  great,48  the 

none,  though  they  had  lost  2  vessels,  the  William  and  Ann,  in  1828,  and 
the  Isabella  in  1830,  in  entering  the  river.  Their  captains  learned  the  north 
channel  and  used  it;  and  one  of  their  mates,  Latta,  often  acted  as  pilot  to  new 
arrivals.  Parrish  says,  that  in  1840  Captain  Butler  of  the  Sandwich  Islands, 
who  came  on  board  the  Lausanne  to  take  her  over  the  Columbia  Bar,  had  not 
been  in  the  Columbia  for  27  years.  Or.  Anecdotes,  MS.,  6,  7.  After  coining 
into  Baker  Bay  the  ship  was  taken  in  charge  by  Birnie  as  far  as  Astoria, 
and  from  there  to  Vancouver  by  a  Chinook  Indian  called  George  or  'King 
George,'  who  knew  the  river  tolerably  well.  A  great  deal  of  time  was  lost 
waiting  for  this  chance  pilotage.  See  Townsend's  Nar.,  180. 

46  The  first  account  of  the  wreck  in  the  Spectator  of  May  18,  1848,  fully 
exonerates  the  pilot;  but  subsequent  published  statements  in  the  same  paper 
for  July  27th,  speak  of  the  removal  on  charges  preferred  against  him  and 
others,  of  secreting  goods  from  the  wreck.  Reeves  went  to  California  in  the 
autumn  in  an  open  boat  with  two  spars  carried  on  the  sides  as  outriggers,  as 
elsewhere  mentioned.  In  Dec.  he  returned  to  Oregon  in  charge  of  the  Span 
ish  bark  Jtiven  Guipuzcoana,  which  was  loaded  with  lumber,  flour,  and  pas 
sengers,  and  sailed  again  for  San  Francisco  in  March.  He  became  master  of  a 
small  sloop,  the  Flora,  which  capsized  in  Suisun  Bay,  while  carrying  a  party 
to  the  mines,  in  May  1849,  by  which  he,  a  young  man  named  Loomis,  from 
Oregon,  and  several  others  were  drowned.  Crawford's  Nar.,  MS.,  191. 

47Howison  declared  that  the  south  channel  was  'almost  closed  up'  in  1846, 
yet  in  the  spring  of  1847  Reeves  took  the  brig  Henry  out  through  it,  and  con 
tinued  to  use  it  during  the  summer.  Or.  Spectator,  Oct.  14,  1847;  Hunt's 
Merck.  May.,  xxiii.  358,  560-1. 

48Kelley  and  Slacum  both  advocated  an  artificial  mouth  to  the  Columbia. 
25th  Cong.,  3d  Sess.,  H.  Com.  Kept.  101,  41,  56.  Wilkes  reported  rather 
adversely  than  otherwise  of  its  safety.  Howison  charged  that  Wilkes'  charts 
were  worthless,  not  because  the  survey  was  not  properly  made,  but  because 
constant  alterations  were  going  on  which  rendered  frequent  surveys  neces 
sary,  and  also  the  constant  explorations  of  resident  pilots.  Coast  and  Coun 
try,  MS.,  8-9.  About  the  time  of  the  agitation  of  the  Oregon  Question  in  the 
United  States  and  England,  much  was  said  of  the  Columbia  bar.  A  writer 
in  the  Edinburgh  Review,  July  1845,  declared  the  Columbia  'inaccessible  for 
8  months  of  the  year.'  Twiss,  in  his  Or.  Ques.,  370,  represented  the  entrance 
to  the  Columbia  as  dangerous.  A  writer  in  ffiilfii1  Recj. ,  Ixx.  284,  remarked 
that  from  all  that  had  been  said  and  printed  on  the  subject  for  several  years 
the  impression  was  given  that  the  mouth  of  the  Columbia  'was  so  dangerous 
to  navigate  as  to  be  nearly  inaccessible.'  Findlay's  Directory,  i.  357-71;  8.  /. 


26  CONDITION  OF  AFFAIRS. 

colonists  objected  to  having  them  magnified  by  rumor 
rather  than  alleviated  by  the  means  usual  in  such 
cases,  and  while  they  discharged  Reeves,  they  used 
the  Spectator  freely  to  correct  unfavorable  impressions 
abroad.  There  were  others  who  had  been  employed 
as  branch  pilots,  and  who  still  exercised  their  vocation, 
and  certain  captains  who  became  pilots  for  their  own 
or  the  vessels  of  others;49  but  there  was  a  time  fol 
lowing  Reeves'  dismissal,  when  the  shipping  which 
soon  after  formed  a  considerable  fleet  in  the  Colum 
bia,  ran  risks  enough  to  vindicate  the  character  of  the 
harbor,  even  though  as  sometimes  happened  a  vessel 
was  lost  at  the  mouth  of  the  river. 

Friend,  Nov.  2, 184G;  Id.,  March  15,  June  1,  1847;  Album Mexicana,  i.  573-4; 
S.  F.  Polynesian,  iv.  1 10;  S.  F.  Califorman,  Sept.  2, 1848;  Thorntons  Or.  and  Cat., 
i.  305;  Ni!t8\  Reg.,  Ixix.  381.  Senator  Benton  was  the  first  to  take  up  the 
championship  of  the  river,  which  he  did  in  a  speech  delivered  May  28,  1846. 
He  showed  that  while  Wilkes'  narrative  fostered  a  poor  opinion  of  the  entrance 
to  the  Columbia,  the  chart  accompanying  the  narrative  showed  it  to  be  good; 
and  the  questions  he  put  in  writing  to  James  Blair,  son  of  Francis  P.  Blair, 
one  of  the  midshipmen  who  surveyed  it  (the  others  were  Reynolds  and  Knox), 
proved  the  same.  Further,  he  had  consulted  John  Maginn,  for  18  years  pilot 
at  New  York,  and  then  president  of  the  New  York  association  of  pilots, 
who  had  a  bill  on  pilotage  before  congress,  and  had  asked  him  to  compare  the 
entrance  of  New  York  harbor  with  that  of  the  Columbia,  to  which  Maginn 
had  distinctly  returned  answer  that  the  Columbia  had  far  the  better  entrance 
in  everything  that  constituted  a  good  harbor.  Cot/fj.  Globe,  1845-6,  915;  Id., 
921-2.  When  Vancouver  surveyed  the  river  in  1792  there  existed  but  one 
channel.  In  1839  when  Belcher  surveyed  it  2  channels  existed,  and  Sand 
Island  was  a  mile  and  a  half  long,  covering  an  area  of  4  square  miles,  where 
in  Vancouver's  time  there  were  5  fathoms  of  water.  In  1841  Wilkes  found 
the  south  channel  closed  with  accretions  from  Clatsop  Spit,  and  the  middle 
sands  had  changed  their  shape.  In  1844,  as  we  have  seen,  it  was  open,  and 
in  1846  almost  closed  again,  but  once  more  open  in  1847.  Subsequent  gov 
ernment  surveys  have  noted  many  changes.  In  1850  the  south  channel  was 
in  a  new  place,  and  ran  in  a  different  direction  from  the  old  one;  in  1852  the 
new  channel  was  fully  cut  out,  and  the  bar  had  moved  three  fourths  of  a 
mile  eastward  with  a  wider  entrance,  and  3  feet  more  water.  The  north 
channel  had  contracted  to  half  its  width  at  the  bar,  with  its  northern  line. on 
the  line  of  1850.  The  depth  was  reduced,  but  there  was  still  one  fathom 
more  of  water  than  on  the  south  bar;  and  other  changes  had  taken  place.  In 
1859  the  south  channel  was  again  closed,  and  again  in  1868  discovered  to  be 
open,  with  a  fathom  more  water  than  in  the  north  channel,  which  held  pretty 
nearly  its  former  position.  From  these  observations  it  is  manifest  that  the 
north  channel  maintains  itself  with  but  slight  changes,  while  the  south  chan 
nel  is  subject  to  variations,  and  the  middle  sands  and  Clatsop  and  Chinook 
spits  are  constantly  shifting.  Report  of  Bvt.  Major  Gillespie,  Engineer  Corps, 
U.  S.  A.,  Dec.  18,  1878,  in  Dally  Astorian. 

49  Captain  N.  Crosby  is  spoken  of  as  taking  vessels  in'  and  out  of  the  river. 
This  gentleman  became  thoroughly  identified  with  the  interests  of  Oregon, 
and  especially  of  Portland,  and  of  shipping,  and  did  much  to  establish  a  trade 
with  China. 


INTERIOR  TRAFFIC.  27 

In  the  matter  of  interior  transportation  there  was 
not  in  1848  much  improvement  over  the  Indian  canoe 
or  the  fur  company's  barge  and  bateau.  The  maritime 
industries  seem  rather  to  have  been  neglected  in  early 
times  on  the  north-west  coast  notwithstanding  its 
natural  features  seemed  to  suggest  the  usefulness  if 
not  the  necessity  of  seamanship  and  nautical  science. 
Since  the  building  of  the  little  thirty-ton  schooner 
Dolly  at  Astoria  in  1811  for  the  Pacific  Fur  Com 
pany,  few  vessels  of  any  description  had  been  con 
structed  in  Oregon.  Kelley  related  that  he  saw  in 
1834  a  ship-yard  at  Vancouver  where  several  vessels 
had  been  built,  and  where  ships  were  repaired/0  which 
is  likely  enough,  but  they  were  small  and  clumsy 
affairs,51  and  few  probably  ever  went  to  sea.  Some 
barges  and  a  sloop  or  two  are  mentioned  by  the 
earliest  settlers  as  on  the  rivers  carrying  wheat  from 
Oregon  City  to  Vancouver,  which  served  also  to  con 
vey  families  of  settlers  down  the  Columbia.52  The 
Star  of  Oregon  built  in  the  Willamette  in  1841,  was 
the  second  vessel  belonging  to  Americans  constructed 
in  these  waters. 

The  first  vessel  constructed  by  an  individual  owner, 
or  for  colonial  trade,  was  a  sloop  of  twenty-five  tons, 
built  in  1845  by  an  Englishman  named  Cook,  and 
called  the  Calapooya.  I  have  also  mentioned  that  she 
proved  of  great  service  to  the  immigrants  of  that  year 
on  the  Columbia  and  Lower  Willamette.  The  first  keel- 
boats  above  the  falls  were  owned  by  Robert  Newell, 
and  built  in  the  winter  of  1845-6,  to  ply  between  Ore- 

50 25th  Cong.,  3d  Seas.,  H.  Sup.  Kept.  101,  59. 

51  The  schooner  (not  the  bark)  Vancouver  was  built  at  Vancouver  in  1829. 
She  was  about  150  tons  burden,  and  poorly  constructed;  and  was  lost  on  Rose 
Spit  at  the  north  end  of  the  Queen  Charlotte  Island  in  1834.  Captain  Dun 
can  ran  her  aground  in  open  day.  The  crew  got  ashore  on  the  mainland,  and 
reached  Fort  Simpson,  Nass  River,  in  June.  Robert^  He  collections,  MS.,  43. 

*'2  Mack's  Or.,  MS.,  2;  Ebberttt'  Trapper's  Life,  MS.,  44;  Or.  Spectator, 
April  16,  1846.  There  is  mention  in  the  Spectator  of  June  25,  1846,  of  the 
launching  at  Vancouver  of  T/ie  Prince  of  Wales,  a  vessel  of  70  feet  keel,  18 
feet  beam,  14  feet  below,  with  a  tonnage  register  of  74.  She  was  constructed 
by  the  company's  ship  -  builder,  Scarth,  and  christened  by  Miss  Douglas, 
escorted  by  Captain  Baillie  of  the  Modeste,  amidst  a  large  concourse  of  people. 


28  CONDITION  OF  AFFAIRS. 

gon  City  and  Champoeg,  the  Mogul  and  the  Ben 
Franklin.  From  the  fact  that  the  fare  was  one  dollar 
in  orders,  and  fifty  cents  in  cash,  may  be  seen  the  esti 
mation  in  which  the  paper  currency  of  the  time  was 
held.  Other  similar  craft  soon  followed,53  and  were 
esteemed  important  additions  to  the  comfort  of  trav 
ellers,  as  well  as  an  aid  to  business.  Other  transpor 
tation  than  that  by  water  there  was  none,  except  the 
slow-moving  ox-wagon.54  Stephen  H.  L.  Meek  ad 
vertised  to  take  freight  or  passengers  from  Oregon 
City  to  Tualatin  plains  by  such  a  conveyance,  the 
wagon  being  a  covered  one,  and  the  team  consist 
ing  of  eight  oxen.55  Medorum  Crawford  transported 
goods  or  passengers  around  the  falls  at  Oregon  City 
for  a  number  of  years  with  ox-teams.66 

The  men  in  the  valley  from  the  constant  habit  of 
being  so  much  on  horseback  became  very  good  riders. 
The  Canadian  young  men  and  women  were  especially 
fine  equestrians  and  sat  their  lively  and  often  vicious 
Cayuse  horses  as  if  part  of  the  animal;  and  on  Sun 
day,  when  in  gala  dress,  they  made  a  striking  appear 
ance,  being  handsome  in  form  as  well  as  graceful  riders.57 
The  Americans  also  adopted  the  custom  of  'loping' 
practised  by  the  horsemen  of  the  Pacific  coast,  which 
gave  the  rider  so  long  and  easy  a  swing,  and  carried 
him  so  fast  over  the  ground.  They  also  became 
skilful  in  throwing  the  lasso  and  catching  wild,  cat 
tle.  Indeed,  so  profitable  was  cattle-raising,  and  so 

63  Or.  Spectator,  May28, 1846.  TheGreat  Western  ran  in  opposition  to  Newell's 
boats  in  May;  and  two  other  clinker-built  boats  were  launched  in  the  same  month 
to  run  between  Oregon  City  and  Portland.  In  June  following  I  notice  men 
tion  of  the  Salt  River  Packet,  Captain  Gray,  plying  between  Oregon  and  Astoria 
with  passengers.  Id.,  June  11,  184G;  Brown's  Will.  Valley,  MS.,  30;  Bacon's 
Merc.  Life  Or.  City,  MS.,  12;  Weed's  Queen  Charlotte  I.  Exped.,  MS.,  3. 

54 Brown,  in  his  Willamette  Valley,  MS.,  6,  says  that  before  1849  there  was 
not  a  span  of  horses  harnessed  to  a  wagon  in  the  territory;  and  that  the  first 
set  of  harness  he  saw  was  brought  from  California.  On  account  of  the 
roadless  condition  of  the  country  at  its  first  settlement,  horses  were  little  used 
in  harness,  but  it  is  certain  that  many  horse-teams  came  across  the  plains 
whose  harnesses  maychaving  been  hanging  unused,  or  made  into  gearing  for 
riding-animals  or  for  horses  doing  farm -work. 

55  Or.  Spectator,  Oct.  29,  1840. 

66  Crawford's  Missionaries,  MS.,  13-15. 

^Minto's  Early  Days,  MS.,  31. 


MAIL  FACILITIES.  29 

agreeable  the  free  life  of  the  herdsman  or  owner  of 
stock,  who  flitted  over  the  endless  green  meadows,  clad 
in  fringed  buckskin,  with  Spanish  spurs  jingling  on 
his  heels,  and  a  crimson  silk  scarf  tied  about  the 
waist,58  that  to  aspiring  lads  the  life  of  a  vaquero  of 
fered  attractions  superior  to  those  of  soil-stirring. 

He  who  would  a  wooing  go,  if  unable  to  return  the 
same  day,  carried  his  blankets,  and  at  night  threw 
himself  upon  the  floor  and  slept  till  morning,  when  he 
might  breakfast  before  leave-taking. 

If  there  were  none  of  the  usual  means  of  travel, 
neither  were  there  mail  facilities  till  1848.  Letters 
were  carried  by  private  persons,  who  received  pay  or 
not  according  to  circumstances.  The  legislature  of 
1845  in  December  enacted  a  law  establishing  a  gen 
eral  post-office  at  Oregon  City,  with  W.  G.  TVault59 
as  postmaster-general,  but  the  funds  of  the  provisional 
government  were  too  scanty  and  the  settlements  too 
scattered  to  make  it  possible  to  carry  out  the  inten 
tion  of  the  act.60 

68  If  we  may  believe  some  of  these  same  youths,  no  longer  young,  they  were 
not  always  so  gayly  apparelled  and  mounted.  Says  one:  'We  rode  with  a 
rawhide  saddle,  bridle,  and  lasso.  The  bit  was  Spanish,  the  stirrups  wooden, 
the  sinch  horse-hair,  and  over  all  these,  rider  and  all,  was  a  blanket  with  a 
hole  in  it  through  which  the  head  of  the  rider  protruded. '  Quite  a  suitable 
costume  for  rainy  weather.  McMinnville  Reporter,  Jan.  4,  1877. 

c9  W.  G.  T'Vault  was  born  in  Arkansas,  whence  he  removed  to  Illinois  in 
1843,  and  to  Oregon  in  1844.  He  was  a  lawyer,  energetic  and  adventurous, 
foremost  in  many  exploring  expeditions,  and  also  a  strong  partisan  with 
southern-democracy  proclivities.  He  possessed  literary  abilities  and  had 
something  to  do  with  early  newspapers,  first  with  the  Spectator,  as  president 
of  the  Oregon  printing  association,  and  as  its  first  editor;  afterward  as  editor  of 
the  Table  Rock  Sentinel,  the  first  newspaper  in  southern  Oregon;  and  later  of 
The  Intelligencer*  He  was  elected  to  the  legislature  in  1840.  After  the 
establishment  of  the  territory  he  was  again  elected  to  the  legislature,  being 
speaker  of  the  house  in  1858.  He  was  twice  prosecuting  attorney  of  the  1st 
judicial  district,  comprising  Jackson  County,  to  which  he  had  removed  after 
the  discovery  of  gold  in  Rogue  River  Valley,  and  held  other  public  positions. 
When  the  mining  excitement  was  at  its  height  in  Idaho,  he  was  practising 
his  profession  and  editing  the  Index  in  Silver  City.  Toward  the  close  of 
his  life,  he  deteriorated  through  the  influence  of  his  political  associations,  and 
lost  caste  among  his  fellow-pioneers.  He  died  of  small-pox  at  Jacksonville  in 
18G9.  Daily  Salem  Unionist,  Feb.  1869;  Deathfs  Scrap-book,  122;  Jacksonville, 
Or.,  Sentinel,  Feb.  6,  1869;  Dallas  Polk  Co.  Signal,  Feb.  16,  1869. 

60  By  the  post-office  act,  postage  on  letters  of  a  single  sheet  conveyed  for  a 
distance  not  exceeding  30  miles  was  fixed  at  15  cents;  over  and  not  exceeding 
80  miles,  25  cents;  over  and  not  exceeding  200  miles,  30  cents;  200  miles,  50 
cents.  Newspapers,  each  4  cents.  The  postmaster-general  was  to  receive  10 


30  CONDITION  OF  AFFAIRS. 

The  first  contract  let  was  to  Hugh  Burns  in  the 
spring  of  1846,  who  was  to  carry  the  mail  once  to 
Weston,  in  Missouri,  for  fifty  cents  a  single  sheet. 
After  a  six  months  trial  the  postmaster-general  had 
become  assured  that  the  office  was  not  remunerative, 
the  expense  of  sending  a  semi-monthly  mail  to  each 
county  south  of  the  Columbia  having  been  borne 
chiefly  by  private  subscription;  and  advertised  that 
the  mail  to  the  different  points  would  be  discontinued, 
but  that  should  any  important  news  arrive  at  Oregon 
City,  it  would  be  despatched  to  the  several  offices. 
The  post-office  law,  however,  remained  in  force  as 
far  as  practicable  but  no  regular  mail  service  was  in 
augurated  until  the  autumn  of  1847,  when  the  United 
States  department  gave  Oregon  a  deputy-postmaster 
in  John  M.  Shively,  and  a  special  agent  in  Cornelius 
Gilliam.  The  latter  immediately  advertised  for  pro 
posals  for  carrying  the  mail  from  Oregon  City  to 
Astoria  and  back,  from  the  same  to  Mary  River61  and 
back,  including  intermediate  offices,  and  from  the  same 
to  Fort  Vancouver,  Nisqually,  and  Admiralty  Inlet. 
From  this  time  the  history  of  the  mail  service  belongs 
to  another  period. 

The  social  and  educational  affairs  of  the  colony  had 
by  1848  begun  to  assume  shape,  after  the  fashion  of 
older  communities.  The  first  issue  of  the  Spectator 
contained  a  notice  for  a  meeting  of  masons  to  be  held 
the  21st  of  February  1846,  to  adopt  measures  for 
obtaining  a  charter  for  a  lodge.  The  notice  was  issued 
by  Joseph  Hull,  P.  G.  Stewart,  and  William  P. 
Dougherty.  A  charter  was  issued  by  the  grand  lodge 
of  Missouri  on  the  19th  of  October  1846,  to  Mult- 
nomah  lodge,  No.  84,  in  Oregon  City.  This  charter 

per  cent  of  all  moneys  by  him  received  and  paid  out.  The  act  was  made  con 
formable  to  the  United  States  laws  regulating  the  post-office  department,  so 
far  as  they  were  applicable  to  the  condition  of  Oregon.  Or.  Spectator,  Feb. 
5,  1846.  See  T'Vault's  instructions  to  postmasters,  in  Id.,  March  5,  1846. 

til  Mary  River  signified  to  where  Corvallis  now  stands.  When  that  town 
was  first  laid  off  it  was  called  Marysville. 


EDUCATIONAL  INSTITUTIONS.  31 

was  brought  across  the  plains  in  an  emigrant  wagon 
in  1848,  intrusted  to  the  care  of  P.  B.  Cornwall,  who 
turning  off  to  California  placed  it  in  charge  of  Orrin 
Kellogg,  who  brought  it  safely  to  Oregon  City  and 
delivered  it  to  Joseph  Hull.  Under  this  authority 
Multnomah  lodge  was  opened  September  11,  1848, 
Joseph  Hull,  W.  M.;  W.  P.  Dougherty,  S.  W.,  and 
T.  C.  Cason,  J.  W.  J.  C.  Ainsworth  was  the  first 
worshipful  master  elected  under  this  charter.62 

A  dispensation  for  establishing  an  Odd  Fellows 
lodge  was  also  applied  for  in  1846,  but  not  obtained 
till  1852.63  The  Multnomah  circulating  library  was 
a  chartered  institution,  with  branches  in  the  different 
counties;  and  the  members  of  the  Falls  Association, 
a  literary  society  which  seems  to  have  been  a  part  of 
the  library  scheme,  contributed  to  the  Spectator  prose 
and  verse  of  no  mean  quality. 

The  small  and  scattered  population  and  the  scarcity 
of  school-books  were  serious  drawbacks  to  education. 
Continuous  arrivals,  and  the  printing  of  a  large 
edition  of  Webster's  Elementary  Spelling  Book  by  the 
Oregon  printing  association,  removed  some  of  the 
obstacles  to  advancement64  in  the  common  schools. 
Of  private  schools  and  academies  there  were  already 
several  besides  the  Oregon  Institute  and  the  Cath 
olic  schools.  Of  the  latter  there  were  St  Joseph 65  for 

62  Address  of  Grand  Master  Chad  wick,  in  Yreka  Union,  Jan.    17,  1874; 
Seattle  Tribune,  Aug.  27,  1875;  Olympla  Transcript,  Aug.  2,  1875. 

63  This  was  on  account  of  the  miscarriage  of  the  warrant,  which  was  sent 
to  Oregon  in  1847  by  way  of  Honolulu,  but  which  did  not  reach  there,  the 
person  to  whom  it  was  sent,  Gilbert  Watson,  dying  at  the  Islands  in  1848. 
A.  V.  Fraser,  who  was  sent  out  by  the  government  in  the  following  year  to 
supervise  the  revenue  service  on  the  Pacific  coast,  was  then  appointed  a  special 
commissioner  to  establish  the  order  in  California  and  Oregon;  but  the  gold 
discoveries  gave  him  so  much  to  do  that  he  did  not  get  to  Oregon,  and  it  was 
not  until  3  years  afterward  that  Chemeketa  lodge  No.  1  was  established  at 
Salem.     The  first  lodge  at  Portland  was  instituted  in  1853.    E.  M.  Barnum's 
Early  Hist.  Odd  Fellowship  in  Or.,  in  Jour,  of  Proceedings  of  Grand  Lod<ie 
I.  0.  0.  F.  for  1877,  2075-84;  H.  H.  Gilfrey  in  same,  2085;   C.  D.  Moore's 
Historical  Review  of  Odd  Fellowship  in  Or.,  25th  Anniversary  of  Chemeketa 
Lodge,  Dec.  1877;  S.  F.  New  Age,  Jan.  7,  1865;  Constitution,  etc.,  Portland, 
1871. 

64  S.  I.  Friend,  Sept.  1847,  140;  Or.  Fvrctator,  Feb.  18,  1847. 

65  Named  after  Joseph  La  Roque  of  Paris  who  furnished  the  funds  for  its 
erection.  DeSmet's  Or.  Hiss.,  41. 


32  CONDITION  OF  AFFAIRS. 

boys  at  St  Paul  on  French  Prairie,  and  two  schools 
for  girls,  one  at  Oregon  City  and  one  at  St  Mary, 
taught  by  the  sisters  of  Notre  Dame.  An  academy 
known  as  Jefferson  Institute  was  located  in  La  Creole 
Valley  near  the  residence  of  Nathaniel  Ford,  who 
was  one  of  the  trustees.  William  Beagle  and  James 
Howard  were  the  others,  and  J.  E.  Lyle  principal. 
On  the  Tualatin  plains  Rev.  Harvey  Clark  had  opened 
a  school  which  in  1846  had  attained  to  some  prom 
ise  of  success,  and  in  1847  a  board  of  trustees  was 
established.  Out  of  this  germ  developed  two  years 
later  the  Tualatin  Academy,  incorporated  in  Septem 
ber  1849,  which  developed  into  the  Pacific  University 
in  1853-4. 

The  history  of  this  institution  reflects  credit  upon 
its  founders  in  more  than  an  ordinary  degree.  Har 
vey  Clark,  it  will  be  remembered,  was  one  of  the 
independent  missionaries,  with  no  wealthy  board  at 
his  back  from  whose  funds  he  could  obtain  a  few 
hundred  or  thousand  of  dollars.  When  he  failed  to 
find  missionary  work  among  the  natives,  he  settled 
on  the  Tualatin  plains  upon  a  land-claim  where  the 
academic  town  of  Forest  Grove  now  stands,  and 
taught  as  early  as  1842  a  few  children  of  the  other 
settlers.  In  1846  there  came  to  Oregon,  by  the 
southern  route,  enduring  all  the  hardships  of  the  be 
lated  immigration,  a  woman  sixty-eight  years  of  age, 
with  her  children  and  grandchildren,  Mrs  Tabitha 
Brown.66  Her  kind  heart  was  pained  at  the  num 
ber  of  orphan's  left  to  charity  by  the  sickness  among 

66 Tabitha  Moffat  Brown  was  born  in  the  town  of  Brinfield,  Mass.,  May  1, 
1780.  Her  father  was  Dr  Joseph  MofFat.  At  the  age  of  19  she  mar- 
Rev.  Clark  Brown  of  Stonington,  Conn.,  of  the  Episcopal  church.  In 
the  changes  of  his  ministerial  life  Brown  removed  to  Maryland,  where  he 
died  early,  leaving  his  widow  with  3  children  surrounded  by  an  illiterate 
people.  She  opened  a  school  and  for  8  years  continued  to  teach,  support 
ing  her  children  until  the  2  boys  were  apprenticed  to  trades,  and  assisting 
them  to  start  in  business.  The  family  finally  moved  to  Missouri.  Here  her 
children  prospered,  but  one  of  the  sons,  Orris  Brown,  visited  Oregon 
in  1843,  retuming  to  Missouri  in  1845  with  Dr  White  and  emigrating  with 
his  mother  and  family  in  1846.  His  sister  and  brother-in-law,  Virgil  K. 
Pringle,  also  accompanied  him  ;  and  it  is  from  a  letter  of  Mrs  Pringle  that 
this  sketch  has  been  obtained. 


BENEVOLENT  MEN  AND  WOMEN.  33 

the  immigrants  of  1847,  with  no  promise  of  proper 
care  or  training.  She  spoke  of  the  matter  to  Harvey 
Clark  who  asked  her  what  she  would  do.  "  If  I  had 
the  means  I  would  establish  myself  in  a  comfortable 
home,  receive  all  poor  children,  and  be  a  mother  to 
them,"  said  Mrs  Brown.  "  Are  you  in  earnest?"  asked 
Clark.  "  Yes."  "  Then  I  will  try  with  you,  and  see 
what  can  be  done." 

There  was  a  log  meeting-house  on  Clark's  land,  and 
in  this  building  Mrs  Brown  was  placed,  and  the  work 
of  charity  began,  the  settlers  contributing  such  articles 
of  furnishing  as  they  could  spare.  The  plan  was  to 
receive  any  children  to  be  taught;  those  whose  parents 
could  afford  it,  to  pay  at  the  rate  of  five  dollars  a  week 
for  board,  care,  and  tuition,  and  those  who  had  noth 
ing,  to  come  free.  In  1848  there  were  about  forty 
children  in  the  school,  of  whom  the  greater  part  were 
boarders;67  Mrs  Clark  teaching  and  Mrs  Brown 
having  charge  of  the  family,  which  was  healthy  and 
happy,  and  devoted  to  its  guardian.  In  a  short  time 
Rev.  Gushing  Eells  was  employed  as  teacher. 

There  came  to  Oregon  about  this  time  Rev.  George 
H.  Atkinson,  under  the  auspices  of  the  Home  Mission 
ary  Society  of  Boston.68  He  had  in  view  the  estab- 

67  'In  1851,'  writes  Mrs  Brown,  'I  had  40  in  my  family  at  $2.50  per  week; 
and  mixed  with  my  own  hands  3,423  pounds  of  flour  in  less  than  5  months.' 
Yet  she  was  a  small  woman,  had  been  lame  many  years,  and  was  nearly 
70  years  of  age.     She  died  in  1857.     See  Or.  Aryus,  May  17,  1856;  Portland 
West  Shore,  Dec.,  1879. 

68  Atkinson  was  born  in  Newbury,  Vermont.     He  was  related  to  Josiah 
Little  of  Massachusetts.     One  of  his  aunts,  born  in  1760,  Mrs  Anne  Harris, 
lived  to  within  4  months  of  the  age  of  100  years,  and  remembered  well  the 
feeling  caused  in  Newburyport  one  Sunday  morning  by  the  tidings  of  the 
death  of  the  great  preacher  Whitefield;  and  also  the  events  of  the  French 
empire  and  American  revolution.     Mr  Atkinson  left  Boston,  with  his  wife, 
in  October  1847,  on  board  the  bark  Samoset,  Captain  Hollis,  and  reached 
the  Hawaiian  Islands  in  the  following  February,  whence  he  sailed  again  for 
the  Columbia  in  the  Hudson's  Bay  Company's  bark  Cowlitz,  Captain  Weying- 
ton,  May  23d,  arriving  at  Vancouver  on  the  20th  of  June  1848.     He  at  once 
entered  upon  the  duties  of  his  profession,  organized  the  Oregon  association  of 
Congregational  ministers,  also  the  Oregon  tract  society,  and  joined  in  the 
effort  to  found  a  school  at  Forest  Grove.     He  corresponded  for  a  time  with 
the  Home  Missionary,  a  Boston  publication,  from  which  I  have  gathered  some 
fragments  of  the  history  of  Oregon  from  1848  to  1851,  during  the  height  of  the 
gold  excitement.    Mr  Atkinson  became  pastor  of  the  Congregational  church  in 
Oregon  City  in  1853;  andwasfor  many  years  the  pastorof  the  first  Congregational 

HIST.  OB.,  VOL.  II.    3 


34  CONDITION  OF  AFFAIRS. 

lishment  of  a  college  under  the  patronage  of  the  Con 
gregational  church  and  finding  his  brethren  in  Oregon 
about  to  erect  a  new  building  for  the  school  at  Tua 
latin  plains,  and  to  organize  a  board  of  trustees,  an 
arrangement  was  entered  into  by  which  the  orphan 
school  was  placed  in  the  hands  of  the  trustees  as  the 
foundation  of  the  proposed  college,  which  at  first 
aspired  only  to  be  called  the  Tualatin  academy. 

Clark  gave  two  hundred  acres  of  his  land-claim  for 
a  college  and  town-site,  and  Mrs  Brown  gave  a  lot 
belonging  to  her,  and  five  hundred  dollars  earned  by 
herself.  Subsequently  she  presented  a  bell  to  the 
Congregational  church  erected  on  the  town-site;  and 
immediately  before  her  death  gave  her  own  house  and 
lot  to  the  Pacific  University.  She  was  indeed  earnest 
and  honest  in  her  devotion  to  Christian  charity;  may 
her  name  ever  be  held  in  holy  remembrance. 

Mr  Clark  also  sold  one  hundred  and  fifty  acres  of 
his  remaining  land  for  the  benefit  of  the  institution 
of  which  he  and  Mrs  Brown  were  the  founders.  It 
is  said  of  Clark,  "  he  lived  in  poverty  that  he  might 
do  good  to  others."  He  died  March  24,  1858,  at 
Forest  Grove,  being  still  in  the  prime  of  life.69  What 
was  so  well  begun  before  1848  continued  to  grow 
with  the  development  of  the  country,  and  under  the 
fostering  care  of  new  friends  as  well  as  old,  became 
one  of  the  leading  independent  educational  institu 
tions  of  the  north-west  coast.70 

church  in  Portland.  His  health  failing  about  1866,  he  gave  way  to  younger  men; 
but  he  continued  to  labor  as  a  missionary  of  religion  and  temperance  in  newer 
fields  as  his  strength  permitted.  Nor  did  he  neglect  other  fields  of  labor  in 
the  interest  of  Oregon,  contributing  many  valuable  articles  on  the  general 
features  and  resources  of  the  country.  Added  to  all  was  an  unspotted  repu 
tation,  the  memory  of  which  will  be  ever  cherished  by  his  descendants,  2  sons 
and  a  daughter,  the  latter  married  to  Frank  Warren  jun.  of  Portland. 

*Evan*' ffist.  Or., MS., 341;  Gray's  Hist.  Or.,  231;  Deady's  Hist.  Or., MS., 
54;  Or.  Argus,  April  10,  1858.  Clark's  daughter  married  George  H.  Durham 
of  Portland. 

70  The  first  board  of  trustees  was  composed  of  Rev.  Harvey  Clark,  Hiram 
Clark,  Rev.  Lewis  Thompson,  W.  H.  Gray,  Alvin  T.  Smith,  James  M.  Moore, 
Osborne  Russell,  and  G.  H.  Atkinson.  The  land  given  by  Clark  was  laid 
out  in  blocks  and  lots,  except  20  acres  reserved  for  a  campus,  the  half  of 
which  was  donated  by  Rev.  E.  Walker.  A  building  was  erected  during  the 
reign  of  high  prices,  in  1850-1,  which  cost,  unfinished,  $7,000;  $5,000  of  which 


THE  PACIFIC  UNIVERSITY.  35 

A  private  school  for  young  ladies  was  kept  at  Ore 
gon  City  by  Mrs  N.  M.  Thornton,  wife  of  Judge 
Thornton.  It  opened  February  1,  1847.  The  pupils 
were  taught  "  all  the  branches  usually  comprised  in  a 
thorough  English  education,  together  with  plain  and 
fancy  needle-work,  drawing,  and  painting  in  mezzotints 
and  water- colors."71  Mrs  Thornton's  school  was  patro 
nized  by  James  Douglas  and  other  persons  of  distinc 
tion  in  the  country.  The  first  effort  made  at  estab 
lishing  a  common-school  board  was  early  in  1847  in 

came  from  the  sale  of  lots,  and  by  contributions.  In  1852  Mr  Atkinson  went 
east  to  solicit  aid  from  the  college  society,  which  had  promised  to  endow  to 
some  extent  a  college  in  Oregon.  The  Pacific  University  was  placed  the  ninth 
on  their  list,  with  an  annual  sum  granted  of  $600  to  support  a  permanent  pro 
fessor.  From  other  sources  he  received  §800  in  money,  and  $700  in  books  for 
a  library.  Looking  about  for  a  professor,  a  young  theological  student,  S.  H. 
Marsh,  son  of  Rev.  Dr  Marsh  of  Burlington  College,  was  secured  as  principal, 
and  with  him,  and  the  funds  and  books,  Mr  Atkinson  returned  in  1853.  In 
the  mean  time  J.  M.  Keeler,  fresh  from  Union  college,  Schenectady,  New 
York,  had  taken  charge  of  the  academy  as  principal,  and  had  formed  a  pre 
paratory  class  before  the  arrival  of  Marsh.  The  people  began  to  take  a  lively 
interest  in  the  university,  and  in  1854  subscribed  in  lands  and  money  $0,500, 
and  partially  pledged  $3,500  more.  On  the  13th  of  April  1854  Marsh  was 
chosen  president,  but  was  not  formally  inaugurated  until  August  21,  1855. 
This  year  Keeler  went  to  Portland,  and  E.  D.  Shattuck  took  his  place  as 
principal  of  the  academy  which  also  embraced  a  class  of  young  ladies.  The 
institution  struggled  on,  but  in  1856-7  some  of  its  most  advanced  students 
left  it  to  go  to  the  better  endowed  eastern  colleges.  This  led  the  trustees  and 
president  to  make  a  special  effort,  and  Marsh  went  to  New  York  to  secure 
further  aid,  leaving  the  university  department  in  the  charge  of  Rev.  H.  Ly- 
man,  professor  of  mathematics,  who  associated  with  him  Rev.  C.  Eells.  The 
help  received  from  the  college  society  and  others  in  the  east,  enabled  the  uni 
versity  to  improve  the  general  rtaime  of  the  university.  The  first  graduate 
was  Harvey  W.  Scott,  who  in  1863  took  his  final  degree.  In  1866  there  were 
4  graduates.  In  June  1867  the  president  having  again  visited  the  east  for 
further  aid,  over  $25,000  was  subscribed  and  2  additional  professors  secured: 
G.  H.  Collier,  professor  of  natural  sciences,  and  J.  W.  Marsh,  professor  of 
languages.  In  May  1868  there  were  $44,303.60  invested  funds,  and  a  library 
of  5,000  volumes.  A  third  visit  to  the  east  in  1869  secured  over  $20,000  for 
a  presidential  endowment  fund.  The  university  had  in  1876,  in  funds  and 
other  property,  $85,000  for  its  support.  The  buildings  are  however  of  a  poor 
character  for  college  purposes,  being  built  of  wood,  and  not  well  constructed, 
and  $100,000  would  be  required  to  put  the  university  in  good  condition. 
President  Marsh  died  in  1879,  and  was  succeeded  by  J.  R.  Herrick.  Though 
founded  by  Congregationalists,  the  Pacific  University  was  not  controlled  by 
them  in  a  sectarian  spirit;  and  its  professors  were  allowed  full  liberty  in  their 
teaching.  Forest  Grove,  the  seat  of  this  institution,  is  a  pretty  village  nestled 
among  groves  of  oaks  and  firs  near  the  Coast  Range  foot-hills.  Centennial 
Year  Hist.  Pacific  University,  in  Portland  Oregonian,  Feb.  12,  1876;  Victor's 
Or.  and  Wash.,  189-90;  Or.  Argus,  Sept.  1,  1855;  Deady's  J/ist.  Or.,  MS.,  54. 
71  Mrs  Thornton  wrote  to  the  S.  I.  Friend  that  she  was  very  comfortably 
settled  in  a  log-house,  walked  a  mile  to  her  school  every  morning,  and  was 
never  more  contented  in  her  life. 


33  CONDITION  OF  AFFAIRS. 

Tualatin  County,  Kev.  J.  S.  Griffin  secretary;72  but 
no  legislative  action  was  taken  until  a  later  period. 
Besides  the  spelling-book  printed  in  1847,  Henry  H. 
Evarts  printed  an  almanac  calculated  for  Oregon  and 
the  Sandwich  Islands.73  It  was  printed  at  the  Spec 
tator  office  by  W.  P.  Hudson. 

Professional  men  were  still  comparatively  rare, 
preachers  of  different  denominations  outnumbering 
the  other  professions.74  In  every  neighborhood  there 
was  preaching  on  Sundays,  the  services  being  held  in 
the  most  commodious  dwellings,  or  in  a  school-house 
if  there  was  one.  There  were  as  yet  few  churches. 
Oregon  City,  being  the  metropolis,  had  three,  Catholic, 
Methodist,  and  Congregationalist.75  There  was  a 
Methodist  church  at  Hillsboro,  and  another  at  Salem, 
and  the  Catholic  Church  at  St  Paul's,  which  com 
pleted  the  list  in  1848. 

The  general  condition  of  society  in  the  colony  was, 
aside  from  the  financial  and  Indian  troubles  which  I 
have  fully  explained,  one  of  general  contentment. 
Both  Burnett  and  Minto  declare  in  their  accounts  of 
those  times  that  notwithstanding  the  hardships  all 

72  Or.  Spectator,  Feb.  18,  1847. 

73  S.  I.  Friend,  Feb.  1848;  Thornton's  Hist.  Or.,  MS.,  27. 

74 1  find  in  the  S.  I.  Friend,  Sept.  1847,  the  following  computation:  Inhabi 
tants  (white),  7,000.  This,  according  to  immigration  statistics,  was  too  small 
an  estimate.  About  400  were  Catholics.  Methodists  were  most  numerous.  ^ 
There  were  6  itinerating  Methodist  Episcopal  preachers,  and  8  or  10  local' 
preachers,  besides  2  Protestant  Methodist  clergymen.  Baptist  missionaries,  2 ; 
Congregational  or  Presbyterian  clergymen,  4;  and  several  of  the  Christian 
denomination  known  as  Campbellites ;  regular  physicians,  4;  educated  lawyers, 
4;  quacks  in  both  professions  more  numerous.  I  have  already  mentioned  the 
accidental  death  of  Dr  Long  by  drowning  in  the  Willamette  at  Oregon  City, 
he  being  at  the  time  territorial  secretary.  lie  was  succeeded  in  practice  and 
in  office  by  Dr  Frederick  Prigg,  elected  by  the  legislature  in  December  1846. 
He  also  died  an  accidental  death  by  falling  from  the  rocky  bluff  into  the  river, 
in  October  1849.  He  was  said  to  be  a  man  of  fine  abilities  and  education,  but 
intemperate  in  his  habits.  Or.  Spectator,  Nov.  2,  1849;  Johnson's  Gal.  and 
Or.,  274. 

™Deadtfs  Hist.  Or.,  MS.,  71.  Harvey  Clark  first  organized  the  Congre 
gational  church  at  Oregon  City  in  1844.  Atkinson's  Address,  3;  Oregon  City 
Enterprise,  March  24,  1876.  In  1848  Rev.  Horace  Lyman,  with  his  wife,  left 
Boston  to  join  Atkinson  in  Oregon.  He  did  not  arrive  until  late  in  1849.  He 
founded  the  first  Congregational  church  in  Portland,  but  subsequently  became 
a  professor  at  the  Pacific  University.  Home  Missionary,  xxii.  43-4;  Or.  Spec 
tator,  Nov.  1,  1849. 


QUALITY  OF  THE  POPULATION.  37 

endured,  there  were  few  who  did  not  rejoice  sincerely 
that  they  had  cast  their  lot  in  Oregon.76  Hospitality 
and  good-fellowship  prevailed;  the  people  were  tem 
perate77  and  orderly;  and  crime  was  still  rare.78 

Amusements  were  few  and  simple,  and  hardly  nec 
essary  in  so  free  and  unconventional  a  community, 
except  as  a  means  of  bringing  the  people  together. 

76Minto,  in  Camp  Fire  Orations,  MS.,  17;  Burnett's  Recollections,  MS.,  i. 
170;  White's  Emigration  to  Or.,  MS.,  11;  Simpson's  Nar.,  i.  170. 

77  The  missionaries,  the  women  of  Oregon  city,  and  friends  of  temperance 
generally,  were  still  laboring  to  effect  prohibition  of  the  traffic  in  spirituous 
liquors.     The  legislature  of  1847  passed  an  amendment  to  the  organic  law, 
enacting  that  the  word  '  prohibit '  should  be  inserted  in  the  place  of  '  regulate ' 
in  the  6th  section,  which  read  that  the  legislature  should  have  power  to 
'regulate  the  introduction,  manufacture,  and  sale  of  ardent  spirits.'  Or.  Laws, 
1843-9,  44.    No  change  could  be  made  in  the  organic  law  without  submitting 
it  to  the  vote  of  the  people  at  the  ensuing  election,  which  being  done,  a 
majority  were  for  prohibition.  Grover's  Or.  Archives,  273-4.   When  the  matter 
again  came  before  the  colonial  legislature  at  its  last  session,  that  part  of  the 
governor's  message  referring  to  prohibition  was  laid  on  the  table,  on  motion 
of  Jesse  Applegate.    A  bill  to  amend  the  organic  laws,  as  above  provided,  was 
subsequently  introduced  by  Samuel  R.  Thurston,  but  was  rejected  by  vote, 
on  motion  of  Applegate.  Id.,  293.     Applegate 's  independent  spirit  revolted 
at  prohibition,  besides  which  he  took  a  personal  gratification  from  securing 
the  rejection  of  a  measure  emanating  from  a  missionary  source.     Surely  all 
good  people  would  be  naturally  averse  to  hearing  an  uncultivated  savage  who 
was  full  of  bad  whiskey,  singing  in  Chinook: 

'  Nah !  six,  potlach  blue  lu  (blue  ruin), 
Nika  ticka,  blue  lu, 
Hiyu  blue  lu, 
Hyas  olo, 
Potlach  blue  lu.' 

Which  freely  translated  would  run : 

'  Hallo !  friend,  give  me  Borne  whiskey; 
I  M  ant  whiskey,  plenty  of  whiskey; 
Very  thirsty ;  give  me  some  whiskey.' 

Moss*  Pioneer  Times,  MS.,  56-7. 

78  In  the  Spectator  of  July  9,  1846,  there  is  mention  of  an  encounter  with 
knives  between  Ed.  Robinson  and  John  Watson.     Robinson  was  arrested  and 
brought  before  Justice  Andrew  Hood,  and  bound  over  in  the  sum  of  $200. 
In  the  same  paper  of  July  23d  is  an  item  concerning  the  arrest  of  Duncan 
McLean  on  suspicion  of  having  murdered  a  Mr  Owens.    An  affray  occurred  at 
Salem  in  August  1847  between  John  H.  Bosworth  and  Ezekiel  Popham,  in 
which  the  latter  was  killed,  or  suddenly  dropped  dead  from  a  disease  of  the 
heart.  Id.,  Sept.  2,  1847.     In  1848  a  man  named  Leonard  who  had  pawned 
his  rifle  to  one  Arim,  on  Sauve*  Island,  went  to  recover  without  redeeming  it, 
when  Arim  pursued  him  with  hostile  intent.     Leonard  ran  until  he  came 
to  a  fallen  tree  too  large  for  him  to  scale  in  haste,  and  finding  Arim  close  upon 
him  he  turned,  and  in  his  excitement  fired,  killing  Arim.    Leonard  was  arrested 
and  discharged,  there  being  no  witnesses  to  the  affair.   Arim  was  a  bully,  and 
Leonard  a  small  and  usually  quiet  man,  who  declared  he  had  no  intention  of 
killing  Arim,  but  fired  accidentally,  not  knowing  the  rifle  was  loaded.    Leonard 
left  the  country  soon  after  for  the  gold-mines  and  never  returned.   Crawford's 
Nar.,  MS.,  167.     I  cite  these  examples  rather  to  show  the  absence  than  the 
presence  of  crime. 


38  CONDITION  OF  AFFAIRS. 

Besides  church-going,  attending  singing-school,79  and 
visiting  among  the  neighbors  there  were  few  assem 
blages.  There  was  occasionally  a  ball,  which  was  not 
regarded  by  the  leading  Protestant  citizens  as  the 
most  unquestionable  mode  of  cultivating  social  rela 
tions.  The  Canadian  families  loved  dancing,  and  balls 
were  not  the  more  respectable  for  that  reason;80  but 
the  dancers  cared  little  for  the  absence  of  the  elite. 
Taking  them  all  in  all,  says  Burnett,  "  I  never  saw 
so  fine  a  population;"  and  other  writers  claimed  that 
though  lacking  in  polish  the  Oregon  people  were  at 
this  period  morally  and  socially  the  equal  of  those  of 
any  frontier  state.81  From  the  peculiar  conditions  of 
an  isolated  colony  like  that  of  Oregon,  early  mar 
riages  became  the  rule.  Young  men  required  homes, 
and  young  women  were  probably  glad  to  escape  from 
the  overfilled  hive  of  the  parental  roof  to  a  domicile 
of  their  own.  However  that  may  have  been,  girls 
were  married  at  any  age  from  fourteen  upward,  and 
in  some  instances  earlier;82  while  no  widow,  whether 

79  James  Morris,  in  Camp  Fire  Orations,  MS. ,  20,  says  that  the  first  sirig- 
ing-scliool  in  the  country  was  taught  by  a  Mr  Johnson,  and  that  he  went  to 
it  dressed  in  a  suit  of  buckskin  dyed  black,  which  looked  well,  and  did  not 
stretch  out  over  the  knees  like  the  uncolored  skin. 

80J/os«'  Pioneer  Times,  MS.,  32.  In  Minto's  Early  Days,  MS.,  and  Mrs 
Minto's  Female  Pioneering,  MS.,  there  are  many  pictures  of  the  social  condi 
tion  of  the  colony.  The  same  in  Camp  Fire  Orations,  MS.,  a  report  by  my 
stenographer,  of  short  speeches  made  at  an  evening  session  of  the  pioneers  at 
their  annual  meeting  in  1878.  All  the  speakers  except  Mrs  Minto  declared 
they  had  enjoyed  emigrating  and  pioneering.  She  thought  both  very  hard 
on  females;  though  throughout  all  she  conducted  herself  as  one  of  the 
noblest  among  women. 

81  Home  Missionary,  xx.  213-14. 

82  As  a  guide  to  descent  in  the  pioneer  families  I  here  affix  a  list  of  the 
marriages  published  in  the  Spectator  from  the  beginning  of  1846  to  the  close 
of  1848.    Though  these  could  not  have  been  all,  it  may  be  presumed  that 
people  of  social  standing  would  desire  to   publish  this  momentous  event: 
1846— Feb.  25,   Samuel  Campbell  to   Miss  Chellessa  Chrisman;   March  29, 
Henry  Sewell  to  Miss  Mary  Ann  Jones  Gerish ;  April  2,  Stephen  Staats  to 
Miss  Cordelia  Forrest;  April  12,  Silas  Halght  to  Mrs  Rebecca  Ann  Spalding; 
May  4,  Pierre  Bonnin  to  Miss  Louise  Rondeau;  May  10,  Isaac  Staats  to  Miss 
Orlena  Maria  Williams;  May  10,  Henry  Marlin  to  Miss  Emily  Hipes;  June 
4,  David  Hill  to  Mrs  Lucinda  Wilson ;  June  14,  J.  W.  Nesmith  to  Miss  Caro 
line  Goff;  June  17,  Alanson  Hinman  to  Miss  Martha  Elizabeth  Jones  Gerish; 
June  28,  Robert  Newell  to  Miss  Rebecca  Newman ;  July  2,  Mitchel  Whit- 
lock  to  Miss  Malvina  Engle ;   July  4,   William  C.  Dement  to  Miss  Olivia 
Johnson;  J.  B.  Jackson  to  Miss  Sarah  Parker;  July  25,  John  G.  Campbell 
to  Miss  Rothilda  E.  Buck;  July  26,  Joseph  Watt  to  Miss  Sarah  Craft;  Aug. 


CLIMATE  AND  TEMPERATURE.  39 

young  or  middle-aged,  long  remained  unmarried.  This 
mutual  dependence  of  the  sexes  was  favorable  to  the 
morals  and  the  growth  of  the  colony;  and  rich  and 
poor  alike  had  their  houses  well  filled  with  children. 
But  what  of  the  diseases  which  made  such  havoc 
during  the  early  missionary  occupation?  Strangely 
enough  they  had  disappeared  as  the  natives  died  or 
were  removed  to  a  distance  from  the  white  race.  Not 
withstanding  the  crowded  state  of  the  settlers  every 
winter  after  the  arrival  of  another  immigration,  and 
notwithstanding  insufficient  food  and  clothing  in  many 
instances,  there  was  little  sickness  and  few  deaths. 
Dr  White,  after  six  years  of  practice,  pronounced  the 
country  to  be  the  healthiest  and  the  climate  one  of 
the  most  salubrious  in  the  world.83  As  to  the  tem 
perature,  it  seems  to  have  varied  with  the  different 
seasons  and  years.  Daniel  Lee  tells  of  plucking  a 
strawberry-blossom  on  Christmas-day  1840,  and  the 

2,  Sidney  Smith  to  Miss  Miranda  Bayley;  Aug.  16,  Jehu  Davis  to  Miss  Mar- 
garette  Jane  Moreland;  Sept.  1,  H.  H.  Hyde  to  Miss  Henrietta  Holman; 
Oct.  26,  Henry  Buxton  to  Miss  Rosannah  Woolly;  Nov.  19,  William  P. 
Dougherty  to  Miss  Mary  Jane  Chambers ;  Nov.  24,  John  P.  Brooks  to  Miss 
Mary  Ann  Thomas.  1847^Jan.  21,  W.  H.  Rees  to  Miss  Amanda  M.  F. 
Hall ;  Jan.  25,  Francis  Topair  to  Miss  Angelique  Tontaine ;  Feb.  9,  Peter  H. 
Hatch  to  Miss  S.  C.  Locey  (Mrs  Charlotte  Sophia  Hatch,  who  came  to  Oregon 
with  her  husband  by  sea  in  1843,  died  June  30,  1840);  April  18,  Absalom  F. 
Hedges  to  Miss  Elizabeth  Jane  Barlow;  April  21,  Joseph  B.  Rogers  to 
Miss  Letitia  Flett;  Henry  Knov/land  to  Mrs  Sarah  Knowland;  April  22, 
N.  K.  Sitton  to  Miss  Priscilla  A.  Rogers;  June  15,  Jeremiah  Rowland  to  Mrs 
Mary  Ann  Sappington ;  July  8,  John  Minto  to  Miss  Martha  Ann  Morrison ; 
Aug.  12,  T.  P.  Powers  to  Mrs  Mary  M.  Newton — this  was  the  Mrs  Newton 
whoso  husband  was  murdered  by  an  Indian  in  the  Umpqua  Valley  in  1846; 
Oct.  14,  W.  J.  Herren  to  Miss  Eveline  Hall;  Oct.  24,  D.  H.  Good  to  Miss 
Mary  E.  Dunbar;  Oct.  29,  Owen  M.  Mills  to  Miss  Priscilla  Blair;  Dec.  28, 
Charles  Putnam  to  Miss  Rozelle  Applegate.  1848 — Jan.  5,  Caleb  Rodgers 
to  Miss  Mary  Jane  Courtney;  Jan.  20,  M.  M.  McCarver  to  Mrs  Julia  Ann 
Buckalew ;  Jan.  27,  George  M.  Baker  to  Miss  Nancy  Duncan ;  Jan.  30,  George 
Sigler  to  Miss  Lovina  Dunlap;  Feb.  19,  R.  V.  Short  to  Miss  Mary  Geer; 
March  18,  Moses  K.  Kellogg  to  Mrs  Elizabeth  Sturges;  April  16,  John 
Jewett  to  Mrs  Harriet  Kimball — Mrs  Kimbali  was  the  widow  of  one  of  the 
victims  of  the  Waiilatpu  massacre ;  May  4,  John  R.  Jackson  to  Mrs  Matilda 
N.  Coonse ;  May  22,  John  H.  Bosworth  to  Miss  Susan  B.  Looney ;  June  28, 
Andrew  Smith  to  Mrs  Sarah  Elizabeth  Palmer;  July  2,  Edward  N.  White  to 
Miss  Catherine  Jane  Burkhart;  July  28,  William  Meek  to  Miss  Mary  Luel- 
ling;  Dec.  10,  C.  Davis  to  Miss  Sarah  Ann  Johnson;  Dec.  26,  William  Logan 
to  Miss  Issa  Chrisman.  The  absence  of  any  marriage  notice  for  the  4  months 
from  the  last  of  July  to  the  10th  of  December  may  be  accounted  for  by  the 
rush  of  the  unmarried  men  to  the  gold-mines  about  this  time. 
83  Ten  Years  in  Or.,  220. 


40  CONDITION  OF  AFFAIRS* 

weather  continued  warm  throughout  the  winter ;  but  on 
the  12th  of  December  1842  the  Columbia  was  frozen 
over,  and  the  ice  remained  in  the  river  at  the  Dalles 
till  the  middle  of  March,  and  the  mercury  was  6°  below 
zero  in  that  month,  while  in  the  Willamette  Valley 
the  cold  was  severe.  On  the  other  hand,  in  the  winter 
of  1843  there  was  a  heavy  rainfall,  and  a  disastrous 
freshet  in  the  Willamette  in  February.  The  two 
succeeding  winters  were  mild  and  rainy,84  fruit  form 
ing  on  the  trees  in  April;  and  again  in  the  latter  part 
of  the  winter  of  1846—7  the  Columbia  was  frozen 
over  at  Vancouver  so  that  the  officers  of  the  Modeste 
played  a  curling  match  on  the  ice.  The  winter  of 
1848-9  was  also  cold,  with  ice  in  the  Columbia.  The 
prevailing  temperature  was  mild,  however,  when  taken 
year  by  year,  and  the  soil  being  generally  warm,  the 
vegetables  and  fruits  raised  by  the  first  settlers  sur 
prised  them  by  their  size  and  quality.85  If  any  fault 
was  to  be  found  with  the  climate  it  was  on  the  score 
of  too  many  rainy  or  cloudy  days;  but  when  by  com 
parison  with  the  drier  climate  of  California  it  was 
found  to  insure  greater  regularity  of  crops  the  farm 
ing  community  at  least  were  satisfied.86  The  cattle- 
raisers  had  most  reason  to  dread  the  peculiarities  of 
the  Oregon  climate,  which  by  its  general  mildness 
flattered  them  into  neglecting  to  provide  winter  food 
for  their  stock,  and  when  an  occasional  season  of  snow 
and  ice  came  upon  them  they  died  by  hundreds ;  but 
this  was  partly  the  fault  of  the  improvident  owner. 

The  face  of  nature  here  was  beautiful;  pure  air 
from  the  ocean  and  the  mountains;  loveliness  in  the 

84  Clyman's  Note  Book,  MS.,  82-98;  Palmer's  Journal,  119. 

85  A  potato  is  spoken  of  which  weighed  3J  Ibs.,  and  another  3|  Ibs. ;  while 
turnips  sometimes  weighed  from  10  to  30  Ibs.    Blanchet  raised  one  of  17f  Ibs. 

66 The  term  'web-foot'  had  not  yet  been  applied  to  the  Oregonians.  It 
became  current  in  mining  times,  and  is  said  to  have  originated  in  a  sarcastic 
remark  of  a  commercial  traveller,  who  had  spent  the  night  in  a  farm-house  on 
the  marshy  banks  of  the  Long  Tom,  in  what  is  now  Lane  County,  that 
children  should  be  provided  with  webbed  feet  in  that  country.  '  We  have 
thought  of  that,'  returned  the  mistress  of  the  house,  at  the  same  time  dis 
playing  to  the  astonished  visitor  her  baby's  feet  with  webs  between  the  toes. 
The  story  lost  nothing  in  the  telling,  and  Web-foot  became  the  pseudonyme 
for  Oregonian. 


THE  COMMONWEALTH  ESTABLISHED.  41 

valleys  dignified  by  grandeur  in  the  purple  ranges 
which  bordered  them,  overtopped  here  and  there  by 
snowy  peaks  whose  nearly  extinct  craters  occasionally 
threw  out  a  puff  of  smoke  or  ashy  flame,87  to  remind 
the  beholder  of  the  igneous  building  of  the  dark  cliffs 
overhanging  the  great  river.  The  whole  country  was 
remarkably  free  from  poisonous  reptiles  and  insects. 
Of  all  the  serpent  class  the  rattlesnake  alone  was 
armed  with  deadly  fangs,  and  these  were  seldom  seen 
except  in  certain  localities  in  the  western  portion  of 
Oregon.  Even  the  house-fly  was  imported/8  coming 
like  many  plants,  and  like  the  bee,  in  the  beaten  trail 
of  white  men. 

Such  was  the  country  rescued  from  savagism  by 
this  virtuous  and  intelligent  people;  and  such  their 
general  condition  with  regard  to  improvement,  trade, 
education,  morals,  contentment,  and  health,  at  the 
period  when,  after  having  achieved  so  much  without 
aid  from  congress,  that  body  took  the  colony  under 
its  wing  and  assumed  direction  of  its  affairs. 

87  Mount  St  Helen  and  Mount  Baker  were  in  a  state  of  eruption  in  March 
1850,  according  to  the  Spectator  of  the  21st  of  that  month.  The  same  paper 
of  Oct.  18,  1849,  records  a  startling  explosion  in  the  region  of  Mount  Hood, 
when  the  waters  of  Silver  Creek  stopped  running  for  24  hours,  and  also  the 
destruction  of  all  the  fish  in  the  stream  by  poisonous  gases. 

68McClaue  says  that  when  he  came  to  Oregon  there  was  not  a  fly  of  any 
kind,  but  fleas  were  plenty.  First  Wagon  Train,  MS.,  14.  W.  H.  Rector  has 
said  the  same.  Lewis  and  Clarke,  and  Parker,  expiate  upon  the  fleas  about 
the  Indian  camps. 


CHAPTER  II. 

EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 
1848-1849. 

THE  MAGIC  POWER  OF  GOLD — A  NEW  OREGON — ARRIVAL  OF  NEWELL — 
SHARP  TRAFFIC — THE  DISCOVERY  ANNOUNCED — THE  STAMPEDE  SOUTH 
WARD — OVERLAND  COMPANIES  —  LASSEN'S  IMMIGRANTS  —  HANCOCK'S 
MANUSCRIPT— CHARACTER  OF  THE  OREGONIANS  IN  CALIFORNIA — THEIR 
GENERAL  SUCCESS— REVOLUTIONS  IN  TRADE  AND  SOCIETY— ARRIVAL  OF 
VESSELS — INCREASE  IN  THE  PRICES  OF  PRODUCTS — CHANGE  OF  CUR 
RENCY — THE  QUESTION  OF  A  MINT — PRIVATE  COINAGE — INFLUX  OF 
FOREIGN  SILVER — EFFECT  ON  SOCIETY — LEGISLATION — IMMIGRATION. 

AND  now  begins  Oregon's  age  of  gold,  quite  a  dif 
ferent  affair  from  Oregon's  golden  age,  which  we  must 
look  for  at  a  later  epoch.  The  Oregon  to  which 
Lane  was  introduced  as  governor  was  not  the  same 
from  which  his  companion  Meek  had  hurried  in  pov 
erty  and  alarm  one  year  before.  Let  us  note  the 
change,  and  the  cause,  before  recording  the  progress 
of  the  new  government. 

On  the  31st  of  July  1848,  the  little  schooner  Hono 
lulu,  Captain  Newell,  from  San  Francisco,  arrived  in 
the  Columbia,  and  began  to  load  not  only  with  pro 
visions,  but  with  shovels,  picks,  and  pans,  all  that 
could  be  bought  in  the  limited  market.  This  created 
no  surprise,  as  it  was  known  that  Americans  were 
emigrating  to  California  who  would  be  in  want  of 
these  things,  and  the  captain  of  the  schooner  was 
looked  upon  as  a  sharp  trader  who  knew  how  to  turn 
an  honest  penny.  When  he  had  obtained  everything 
to  his  purpose,  he  revealed  the  discovery  made  by 
Marshall  in  California,  and  told  the  story  how  Ore- 

(42) 


THE  NEWS  IN  OREGON.  43 

gon  men  had  opened  to  the  world  what  appeared  an 
inexhaustible  store  of  golden  treasure.1 

The  news  was  confirmed  by  the  arrival  August  9th 
of  the  brig  Henry  from  San  Francisco,  and  on  the 
23d  of  the  fur  company's  brig  Mary  Dare  from  the 
Hawaiian  Islands,  by  the  way  of  Victoria,  with  Chief 
Factor  Douglas  on  board,  who  was  not  inclined  to 
believe  the  reports.  But  in  a  few  days  more  the 
tidings  had  travelled  overland  by  letter,  ex-Governor 
Boggs  having  written  to  some  of  his  former  Missouri 
friends  in  Oregon  by  certain  men  coming  with  horses 
to  the  Willamette  Valley  for  provisions,  that  much 
gold  was  found  on  the  American  River.  No  one 
doubted  longer;  covetous  desire  quickly  increased  to  a 
delirium  of  hope.  The  late  Indian  disturbances  were 
forgotten;  and  from  the  ripening  harvests  the  reap 
ers  without  compunctions  turned  away.  Even  their 
beloved  land-claims  were  deserted;  if  a  man  did  not 
go  to  California  it  was  because  he  could  not  leave  his 
family  or  business.  Some  prudent  persons  at  first, 
seeing  that  provisions  and  lumber  must  greatly  in 
crease  in  price,  concluded  to  stay  at  home  and  reap 
the  advantage  without  incurring  the  risk;  but  these 
were  a  small  proportion  of  the  able-bodied  men  of  the 
colony.  Far  more  went  to  the  gold  mines  than  had 
volunteered  to  fight  the  Cayuses;2  farmers,  mechanics, 
professional  men,  printers — every  class.  Tools  were 
dropped  and  work  left  unfinished  in  the  shops.  The 
farms  were  abandoned  to  women  and  boys.  The  two 
newspapers,  the  Oregon  Spectator  and  Free  Press,  held 

1 J.  W.  Marshall  was  an  immigrant  to  Oregon  of  1844.  He  went  to  Cali 
fornia  in  1846,  and  was  employed  by  Sutter.  In  1847  he  was  followed  by 
Charles  Bennett  and  Stephen  Staats,  all  of  whom  were  at  Sutter's  mill  when 
the  discovery  of  gold  was  made.  Brown's  Will.  VaL,  MS.,  1;  Parsons'  Life  of 
Marshall,  8-9. 

2  Burnett  says  that  at  least  two  thirds  of  the  population  capable  of  bear 
ing  arms  left  for  Calif ornia  in  the  summer  and  autumn  of  1848.  Recollections, 
MS.,  i.  325.  'About  two  thousand  persons,'  says  the  California  Star  and 
Californian,  Dec.  9,  1848.  Only  five  old  men  were  left  at  Salem.  Brown's 
Will.  Vol.,  MS.,  9.  Anderson,  in  his  Northwest  Coast,  MS.,  37,  speaks  of 
the  great  exodus.  Compare  Crawford's  Nar.,  MS.,  166,  and  Victor's  River  of 
the  West,  483-5.  Barnes,  Or.  and  Cal.,  MS.,  8,  says  he  found  at  Oregon  City 
only  a  few  women  and  children  and  some  Indians. 


44  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

out,  the  one  till  December,  the  other  until  the  spring 
of  1849,  when  they  were  left  without  compositors 
and  suspended.3  No  one  thought  of  the  outcome. 
It  was  not  then  known  in  Oregon  that  a  treaty  had 
been  signed  by  the  United  States  and  Mexico,  but  it 
was  believed  that  such  would  be  the  result  of  the 
war;  hence  the  gold-fields  of  California  were  already 
regarded  as  the  property  of  Americans.  Men  of 
family  expected  to  return;  single  men  thought  little 
about  it.  To  go,  and  at  once,  was  the  chief  idea.4 
Many  who  had  not  the  means  were  fitted  out  by 
others  who  took  a  share  in  the  venture;  and  quite  dif 
ferent  from  those  who  took  like  risks  at  the  east,  the 
trusts  imposed  in  the  men  of  Oregon  were  as  a  rule 
faithfully  carried  out.5 

Pack-trains  were  first  employed  by  the  Oregon  gold- 
seekers;  then  in  September  a  wagon  company  was 
organized.  A  hundred  and  fifty  robust,  sober,  and 
energetic  men  were  soon  ready  for  the  enterprise. 
The  train  consisted  of  fifty  wagons  loaded  with  mining 
implements  and  provisions  for  the  winter.  Even 
planks  for  constructing  gold-rockers  were  carried  in 
the  bottom  of  some  of  the  wagons.  The  teams  were 
strong  oxen;  the  riding  horses  of  the  hardy  native 
Cayuse  stock,  late  worth  but  ten  dollars,  now  bringing 
thirty,  and  the  men  were  armed.  Burnett  was  elected 
captain  and  Thomas  McKay  pilot.6  They  went  to 
Klamath  Lake  by  the  Applegate  route,  and  then 
turned  south-east  intending  to  get  into  the  California 
emigrant  road  before  it  crossed  the  Sierra.  After 
travelling  several  days  over  an  elevated  region,  not 
well  watered  nor  furnishing  good  grass,  to  their  surprise 

8  The  Spectator  from  February  to  October.  I  do  not  think  the  Free  Press 
was  revived  after  its  stoppage,  though  it  ran  long  enough  to  print  Lane's 
proclamation.  The  Oregon  American  had  expired  in  the  autumn  of  1848. 

4  Atkinson,  in  the  Home  Missionary,  22,  64;  Bristow's  Rencounters,  MS., 
2-9;  Ryan's  Judges  and  Criminals,  79. 

5  There  was  the  usual  doggerel  perpetrated  here  as  elsewhere  at  the  time. 
See  Brown's  Or.  MisceL,  MS.,  47. 

6 Ross*  Nar.,  MS.,  11;  Lovejotfs  Portland,  MS.,  26;  Johnson's  Cal.  and 
Or.,  185-6. 


THE  EXODUS.  45 

they  came  into  a  newly  opened  wagon-road,  which 
proved  to  be  that  which  Peter  Lassen  of  California 
had  that  season  persuaded  a  small  party  immigrating 
into  the  Sacramento  Valley  to  take,  through  a  pass 
which  would  bring  them  near  his  rancho.7 

The  exodus  thus  begun  continued  as  long  as 
weather  permitted,  and  until  several  thousand  had 
left  Oregon  by  land  and  sea.  The  second  wagon  com 
pany  of  twenty  ox-teams  and  twenty-five  men  was 
from  Puget  Sound,  and  but  a  few  days  behind  the 
first/  while  the  old  fur-hunters'  trail  west  of  the 

7  After  proceeding  some  distance  on  Lassen's  trail  they  found  that  others 
\vho  had  preceded  them  were  as  ignorant  as  they  of  what  lay  before  them; 
and  after  travelling  westward  for  eight  miles  they  came  to  a  sheer  wall  of 
rock,  constituting  a  mountain  ridge,  instead  of  to  a  view  of  the  Sacramento 
Valley.     On  examination  of  the  ground  it  was  found  that  Lassen  and  his  com 
pany  had  been  deceived  as  well  as  they,  and  had  marched  back  to  within  half 
a  mile  of  the  entrance  to  the  valley  before  finding  a  way  out  of  it.     After 
exploring  for  some  distance  in  advance  the  wagons  were  allowed  to  come  on, 
and  the  summit  of  the  sierra  was  reached  the  20th  of  October.     After  passing 
this  and  entering  the  pine  forest  on  the  western  slope,  they  overtook  Lassen 
and  a  portion  of  his  party,  unable  to  proceed.     He  had  at  first  but  ten  wagons 
in  his  company,  and  knew  nothing  more  about  the  route  than  from  a  generally 
correct  idea  of  the  country  he  could  conjecture.     They  proceeded  without 
mishap  until  coming  to  the  thick  timber  on  the  mountains;  and  not  having 
force  enough  to  open  the  road,  they  were  compelled  to  convert  their  wagons 
into  carts  in  order  to  make  the  short  turns  necessary  in  driving  around  fallen 
timber.    Progress  in  this  manner  was  slow.     Half  of  the  immigrants,  now  fear 
fully  incensed  against  their  leader,  had  abandoned  their  carts,  and  packing 
their  goods  on  their  starving  oxen,  deserted  the  other  half,  without  knowing 
how  they  were  to  reach  the  settlements.     When  those  behind  were  overtaken 
by  the  Oregouians  they  were  in  a  miserable  condition,  not  having  had  bread 
for  a  month.     Their  wants  were  supplied,  and  they  were  assured  that  the  road 
should  be  opened  for  them,  which  was  done.     Sixty  or  eighty  men  went  to 
the  front  with  axes,  and  the  way  was  cleared  for  the  wagons.     When  the  for 
est  was  passed,  there  \vere  yet  other  difficulties  which  Lassen's  small  and 
exhausted  company  co^ld  never  have  removed.     A  tragedy  like  that  of  Don- 
ner  Lake  was  averted  by  these  gold-seekers,  who  arrived  in  the  Sacramento 
Valley  about  the  1st  of  November.  Burnett's  Recollections,  MS.,  i.  328-366; 
Lovfjoy's  Portland,  MS.,  27;  Barnes'  Or.  ami  Gal,  MS.,  11-12;  Palmer's 
War/on  Trains,  MS.,  43. 

8  Hancock's  Thirteen   Years'  Residence  on   the  Northwest  Coast,   a  thick 
manuscript  volume   containing  an  account  of  the  immgration  of  1845,  the 
settlement  of    the   Puget    Sound  country  by  Americans,    the   journey  to 
California  of  the  gold-hunters,  and  a  long  list  of  personal  adventures  with 
In.dians,  and  other  matter  of  an  interesting  nature,  is  cne  of  my  authorities 
on  this  period.     The  manuscript  was  written  at  the  dictation  of  Samuel  Han 
cock,  of  Whidbey  Island,  by  Major  Sewell.    See  Morse's  Notes  of  the  History 
and  Resources  of  Washington  Ter.,  ii.  19-30.     It  would  seem  from  Hancock's 
MS.  that  the  Puget  Sound  Company,  like  the  Willamette  people,  overtook 
and  assisted  a  party  of  immigrants  who  had  been  forsaken  by  that  pilot  in 
the  Sierra  Nevada,  and  brought  them  through  to  the  Sacramento  Valley. 


46  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

sierra  swarmed  with  pack-trains9  all  the  autumn. 
Their  first  resort  was  Yuba  River;  but  in  the  spring 
of  1849  the  forks  of  the  American  became  their  prin 
cipal  field  of  operations,  the  town  of  Placerville,  first 
called  Hangtown,  being  founded  by  them.  They 
were  not  confined  to  any  localities,  however,  and  made 
many  discoveries,  being  for  the  first  winter  only  more 
numerous  in  certain  places  than  other  miners;  and  as 
they  were  accustomed  to  camp-life,  Indian-fighting, 
and  self-defence  generally,  they  obtained  the  reputa 
tion  of  being  clannish  and  aggressive.  If  one  of  them 
was  killed  or  robbed,  the  others  felt  bound  to  avenge 
the  injury,  and  the  rifle  or  the  rope  soon  settled 
the  account.  Looking  upon  them  as  interlopers,  the 
Californians  naturally  resented  these  decided  meas 
ures.  But  as  the  Oregonians  were  honest,  sober,  and 
industrious,  and  could  be  accused  of  nothing  worse 
than  being  ill-dressed  and  unkempt  and  of  knowing 
how  to  protect  themselves,  the  Californians  mani 
fested  their  prejudice  by  applying  to  them  the  title 
1  Lop-ears,'  which  led  to  the  retaliatory  appellation 
of  'Tar-heads/  which  elegant  terms  long  remained  in 
use.10 

It  was  a  huge  joke,  gold-mining  and  all,  including 
even  life  and  death.  But  as  to  rivalries  they  signi 
fied  nothing.  Most  of  the  Oregon  and  Washington 
adventurers  who  did  not  lose  their  life  were  success 
ful;  opportunity  was  assuredly  greater  then  in  the 

This  may  have  been  the  other  division  of  Lassen's  company,  though  Hancock 
says  there  were  25  wagons,  which  does  not  agree  with  Burnett. 

9  One  of  the  first  companies  with  pack-animals  was  under  John  E.  Ross, 
an  immigrant  of  1847,  and  a  lieutenant  in  the  Cayuse  war,  of  whom  I  shall 
have  more  to  say  hereafter.  Ross  states  that  Levi  Scott  had  already  settled 
in  the  Umpqua  Valley,  and  was  then  the  only  American  south  of  the  Cala- 
pooya  Mountains.  From  Scott's  to  the  first  house  in  California,  Reading's, 
was  14  days'  travel.  See  Ross'  Nar.,  MS.,  passim. 

I0fios8'  Nar.,  MS.,  15;  Crawford's  Nar.,  MS.,  194,  204.  The  American 
pioneers  of  California,  looking  fgr  the  origin  of  the  word  Oregon  in  a  Spanish 
phrase  signifying  long-ears,  as  I  have  explained  in  vol.  i.  Hist.  Or. ,  hit  upon 
this  delectable  sobriquet  for  the  settlers  of  that  country.  With  equal  justice, 
admitting  this  theory  to  be  correct,  which  it  is  not,  the  Oregonians  called 
them  tar-heads,  because  the  northern  California  Indians  were  observed  to 
cover  their  heads  with  tar  as  a  sign  of  mourning. 


OREGONIANS  IN  THE  MINES.  47 

Sierra  Foothills  than  in  the  Valley  Willamette.  Still 
they  were  not  hard  to  satisfy ;  and  they  began  to  re 
turn  early  in  the  spring  of  1849,  when  every  vessel 
that  entered  the  Columbia  was  crowded  with  home- 
loving  Oregonians.11  A  few  went  into  business  in 
California.  The  success  of  those  that  returned  stimu 
lated  others  to  go  who  at  first  had  not  been  able.12 

11  Among  those  who   went  to  California  in  1848-9  are  the  following: 
Robert  Henderson,  James  McBride,  William  Carpenter,  Joel  Palmer,  A.  L. 
Lovejoy,  F.  W.  Pettygrove,  Barton  Lee,  W.  W.  Bristow,  W.  L.  Adams, 
Christopher  Taylor,  John  E.  Ross,  P.  B.  Cornwall,  Walter  Monteith,  Horace 
Burnett,  P.  H.  Burnett,  John  P.  Rogers,  A.  A.  Skinner,  M.  M.  McCarver, 
Frederick  Ramsey,  William  Dement,  Peter  Crawford,  Henry  Williamson, 
Thomas  McKay,  William  Fellows,  S.  C.  Reeves,  James  Porter,  I.  W.  Alder 
man,  William  Moulton,  Aaron  Stanton,  J.  R.  Robb,  Aaron  Payne,  J.  Math- 
eney,  George  Gay,  Samuel  Hancock,  Robert  Alexander,  Niniwon  Evermau, 
John  Byrd,  Elisha  Byrd,  William  Byrd,  Sr,  William  Byrd,  Jr,  T.  R.  Hill, 
Ira  Patterson,  William  Patterson,  Stephen  Bonser,  Saul  Richards,  W.  H. 
Gray,  Stephen  Staats,  J.  W.  Nesmith,  J.  S.  Snooks,  W.  D.  Canfield,  Alanson 
Husted,   John   M.   Shivcly,   Edmund    Sylvester,   James   O'Neal,   Benjamin 
Wood,  William  Whitney,  W.  P.  Dougherty,  Allen  McLeod,  John  Edmonds, 
Charles  Adams,  John  Inyard,  Miriam  Poe,  Joseph  Williams,  Hilt.  Bonser, 
William  Shaw,  Thomas  Carter,  Jefferson  Carter,  Ralph  Wilcox,  Benjamin 
Burch,  William  H.  Rector,  Hamilton  Campbell,  Robert  Newell,  John  E. 
Bradley,  J.  Curtis,  H.  Brown,  Jeremiah  McKay,  Priest,  Turney,  Leonard, 
Shurtzer,  Loomis,  Samuel  Cozine,  Columbia  Lancaster  Pool,  English,  Thomp 
son,  Johnson,  Robinson,  and  others. 

12  P.  W.  Crawford  gives  the  following  account  of  his  efforts  to  raise  the 
means  to  go  to  California:    He  was  an  immigrant  of  1847,  and  had  not  yet 
acquired  property  that  could  be  converted  into  money.     Being  a  surveyor  he 
spent  most  of  his  time  in  laying  out  town  sites  and  claims,  for  which  he  re 
ceived  lots  in  payment,  and  in  some  cases  wheat,  and  often  nothing.     He 
had  a  claim  on  the  Cowlitz  which  he  managed  to  get  planted  in  potatoes. 
Owning  a  little  skiff  called  the  E.  West,  he  traded  it  to  Geer  for  a  hundred 
seedling  apple-trees,  but  not  being  able  to  return  to  his  claim,  he  planted 
them  on  the  land  of  Wilson  Blain,  opposite  Oregon  City.    Having  considerable 
wheat  at  McLoughlin's  mill  he  had  a  portion  of  it  ground,  and  sold  the  flour 
for  cash.     He  gave  some  wheat  to  newly  arrived  emigrants,  and  traded  the 
rest  for  a  fat  ox,  which  he  sold  to  a  butcher  at  Oregon  City  for  twenty-five 
dollars  cash.     Winter  coming  on  he  assisted  his  friend  Reed  in  the  pioneer 
bakery  of  Portland.     In  February  he  traded  a  Durham  bull  which  he  pur 
chased  of  an  Indian  at  Fort  Laramie  and  drove  to  Oregon,  for  a  good  sailing 
boat,  with  which  he  took  a  load  of  hoop-poles  down  the  Columbia  to  Hunt's 
mill,  where  salmon  barrels  were  made,  and  brought  back  some  passengers, 
and  a  few  goods  for  Capt.  Crosby,  having  a  rough  hard  time  working  his  way 
through  the  floating  ice.     On  getting  back  to  Portland,  Crawford  and  Will 
iams,  the  former  mate  of  the  Starling,  engaged  of  the  supercargo  Gray,  at 
sixty  dollars  each,  steerage  passage  on  the  Undine  then  lying  at  Hunt's  mill. 
The  next  thing  was  to  get  supplies  and  tools,  such  as  were  needed  to  go  to 
the  mines.     For  these  it  was  necessary  to  make  a  visit  to  Vancouver,  which 
could  not  be  done  in  a  boat,  as  the  river  was  still  full  of  ice,  above  the  mouth 
of  the  Williamette.     He  succeeded  in  crossing  the  Columbia  opposite  the 
head  of  Sauve"  Island,  and  walked  from  the  landing  to  Vancouver,  a  distance 
of  about  six  miles.     This  business  accomplished,  he  rejoined  his  companion 
in  the  boat,  and  set  out  for  Hunt's  mill,  still  endangered  by  floating  ice,  but 


48  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

There  was  a  complete  revolution  in  trade,  as  re 
markable  as  it  was  unlocked  for  two  years  before, 
when  the  farmers  were  trying  to  form  a  cooperative 
ship-building  association  to  carry  the  products  of  their 
farms  to  a  market  where  cash  could  be  obtained  for 
wheat.  No  need  longer  to  complain  of  the  absence  of 
vessels,  or  the  terrible  bar  of  the  Columbia.  I  have 
mentioned  in  the  preceding  chapter  that  the  Henry 
and  the  Toulon  were  the  only  two  American  vessels 
trading  regularly  to  the  Columbia  River  in  the  spring 
of  1848.  Hitherto  only  an  occasional  vessel  from  Cal 
ifornia  had  entered  the  river  for  lumber  and  flour; 
but  now  they  came  in  fleets,  taking  besides  these  ar 
ticles  vegetables,  butter,  eggs,  and  other  products 
needed  by  the  thousands  arriving  at  the  mines, 
the  traffic  at  first  yielding  enormous  profits.  Instead 
of  from  three  to  eight  arrivals  and  departures  in  a 
year,  there  were  more  than  fifty  in  1849,  of  which 
twenty  were  in  the  river  in  October  awaiting  car 
goes  at  one  time.13  They  were  from  sixty  to  six  or 
or  seven  hundred  tons  burden,  and  three  of  them 
were  built  in  Oregon.14  Whether  it  was  due  to  their 

arriving  in  time  to  take  passage.  Such  were  the  common  incidents  of  life  in 
Oregon  before  the  gold  products  of  the  California  mines  came  into  circulation. 
Narrative,  MS.,  179-187. 

13  About  the  last  of  December  1848  the  Spanish  bark  J6ven  Guipuzcoana, 
S.  C.  Reeves  captain,  arrived  from  San  Francisco  to  load  with  Oregon  pro 
ductions  for  the  California  markets.  She  was  fastened  in  the  ice  a  few  miles 
below  the  mouth  of  the  Willamette  until  February,  and  did  not  get  out  of 
the  river  until  about  the  middle  of  March.  Crawford's  Nar.,  MS.,  173-91. 
The  brig  Maleck  Adhel,  Hall  master,  left  the  river  with  a  cargo  Feb.  7,  1849. 
Following  are  some  of  the  other  arrivals  of  the  year:  January  5th,  schr. 
Starling,  Captain  Menzies;  7th,  bk.  Anita,  Hall;  brig  Undine,  Brum;  May 
8th,  bks.  Anita,  Hall;  Janet,  Dring;  ship  Mercedes;  schrs.  Milwaukie;  V<d- 
dova;  28th,  bk.  J.  W.  Carter;  brig  Mary  and  Ellen;  June  16th,  schr.  Pio 
neer;  bk.  Undine;  23d,  bk.  Columbia;  brigs  Henry,  Sacramento,  El  Placer; 
July  2d,  ship  Walpole;  10th,  brigs  Belfast,  L'Etotte  du  Matin;  ship  Silvie  de 
Grasse;  schr.  0.  C.  Raymond;  brig  Quito;  28th,  ship  Huntress;  bk.  Louisi 
ana;  schr.  Gen.  Lane;  Aug.  7th,  bk.  Carib;  llth,  bks.  Harpooner,  Madonna; 
ship  Aurora;  brig  Forrest;  bks.  Ocean  Bird,  Diamond,  Helen  M.  Leidler; 
Oct.  17th,  brigs  Quito,  Hawkes;  0.  C.  Raymond,  Menzies;  Josephine,  Melton; 
Jno.  Petit;  Mary  and  Ellen,  Gier;  bks.  Toulon,  Hoyt;  Azim,  McKenzie; 
22d,  brig  Sarah  McFarland,  Brooks;  24th,  brig  Wolcott,  Kennedy;  Nov. 
12th,  bk.  Louisiana,  Williams;  brigs  Mary  Wilder;  North  Bend,  Bartlett; 
13th,  ship  Huntress,  Upton;  15th,  bks.  Diamond,  Madonna;  25th,  brig  Sac 
ramento;  bk.  Ser/uin,  Norton;  brig  Due  de  Lorqunes,  Travillot. 

"The  schooner  Milwaukie,  built  at  Milwaukie  bj  Lot  Witcomband  Joseph 


OREGON  SHIPPING.  49 

general  light  draft,  or  to  an  increased  knowledge  of 
the  channels  of  the  mouth  of  the  river,  few  accidents 
occurred,  and  only  one  American  vessel  was  wrecked 
at  or  near  the  entrance  this  year;15  though  two 
French  ships  were  lost  during  the  summer,  one  on 
the  bar  in  attempting  to  enter  by  the  south  channel, 
then  changed  in  its  direction  from  the  shifting  of  the 

O  O 

sands,  and  the  other,  by  carelessness,  in  the  river 
between  Astoria  and  Tongue  Point.16 

That  all  this  sudden  influx  of  shipping,  where  so 
little  had  ventured  before,  meant  prosperity  to  Oregon 
tradesmen  is  unquestionable.  Portland,  which  Petty- 
grove  had  turned  his  back  upon  with  seventy-five 
thousand  dollars,  was  now  a  thriving  port,  whose 

Kelly,  was  of  planking  put  on  diagonally  in  several  thicknesses,  with  a  few 
temporary  sawed  timbers  and  natural  crooks,  and  was  sold  in  San  Francisco 
for  $4,000.  The  General  Lane  was  built  at  Oregon  City  by  John  McClellan, 
aided  by  McLoughlin,  and  ran  to  San  Francisco.  Her  captain  was  Gil- 
man,  afterward  a  bar  pilot  at  Astoria.  She  went  directly  to  Sacramento  with 
a  cargo  of  lumber  and  farm  products.  The  Pioneer  was  put  together  by  a 
company  at  Astoria.  Honolulu  Friend,  Sept.  1,  1849. 

15  The  brig  Josephine  was  becalmed,  whereupon  her  anchor  was  let  down; 
but  a  gale  blowing  up  in  the  night  she  was  driven  on  the  sand  and  dashed  to 
pieces  in  the  breakers.     She  was  loaded  with  lumber  from  the  Oregon  City 
Mills,  which  was  a  total  loss  to  the  Island  Milling  Company.  Or.  Spectator, 
Jan.  10,  1850. 

16  This  latter  wreck  was  of  the  Silvie  de  Grasse  which  brought  Thornton 
home  from  Boston.     She  was  formerly  a  packet  of  2,000  tons,  built  of  live- 
oak,  and  running  between  New  York  and  Havre.     She  loaded  with  lumber 
for  San  Francisco,  but  in  descending  the  river  ran  upon  a  rock  and  split. 
Eighteen  years  afterward  her  figure-head  and  a  part  of  her  hull  stood  above 
the  water.     What  was  left  was  then  sold  to  A.  S.  Mercer,  the  iron  being  still 
in  good  order,  and  the  locust  and  oak  knees  and  timbers  perfectly  sound. 
Orer/onian,  in  Purjp.t  Sound  Gazette,  April  15,  1867.    The  wreck  on  the  bar  was 
of  L'Etoile  du  Matin,  before  mentioned  in  connection  with  the  return  to 
Oregon  of  Archbishop  Blanchet,  and  the  arrival  of  the  Catholic  reenforce- 
ment  in  1847.     Returning  to  Oregon  in  1849,  the  captain  not  rinding  a  pilot 
outside  undertook  to  run  in  by  the  south  channel,  in  which  attempt  he  was 
formerly  so  successful,  but  its  course  having  shifted,  he  soon  found  his  ship 
fast  on  the  sands,  while  an  American  bark  that  had  followed  him,  but  drew 
10  feet  less  water,  passed  safely  in.     The  small  life-boats  were  all  lost  in 
lowering,  but  after  passing  through  great  dangers  the  ship  was  worked  into 
Baker  Bay  without  a  rudder,  with  a  loosened  keel  and  most  of  the  pumps 
broken,  aid  having  been  rendered  by  Latta  of  the  Hudson's  Bay  Company  and 
some  Indians.    A  box  rudder  was  constructed,  and  the  vessel  taken  to  Port 
land,  and  landed  where  the  warehouse  of  Allen  and  Lewis  later  stood.     The 
cargo  belonged  to  Francis  Menes,  who  saved  most  of  it,  and  who  opened  a 
store  in  Oregon  City,  where  he  resided  four  years,  finally  settling  at  St  Louis 
on  French  Prairie.     He  died  December  1867.     The  hull  of  the  Morning  Star 
was  sold  to  Couch  and  Flanders,  and  by  them  to  Charles  Hutchins,  and  was 
burned  for  the  iron  and  copper.  Eugene  La  Forrest,  in  Portland  Oregonian, 
March  28,  1868. 

HIST.  OB.,  VOL.  II.    4 


50  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

shore  was  lined  with  a  fleet  of  barks,  brigs,  and  ships, 
and  where  wharves  and  warehouses  were  in  great 
demand.17  In  Oregon  City  the  mills  were  kept  busy 
making  flour  and  lumber,18  and  new  saw-mills  were 
erected  on  the  Columbia.19 

The  farmers  did  not  at  first  derive  much  benefit 
from  the  change  in  affairs,  as  labor  was  so  high  and 
scarce,  and  there  was  a  partial  loss  of  crops  in  conse 
quence.  Furthermore  their  wheat  was  already  in 
store  with  the  merchants  and  millers  at  a  fixed  price, 
or  contracted  for  to  pay  debts.  They  therefore  could 
not  demand  the  advanced  price  of  wheat  till  the  crop 
of  1849  was  harvested,  while  the  merchant -millers 
had  almost  a  whole  year  in  which  to  make  flour  out 
of  wheat  costing  them  not  more  than  five  eighths  of 
a  dollar  a  bushel  in  goods,  and  which  they  sold  at  ten 
and  twelve  dollars  a  barrel  at  the  mills.  If  able  to 
send  it  to  San  Francisco,  they  realized  double  that 
price.  As  with  wheat  so  with  other  things,20  the 
speculators  had  the  best  of  it. 

17  Couch  returned  in  August  from  the  east,  in  the  bark  Madonna,  with 
G-.  A.  Flanders  as  mate,  in  the  service  of  the  Shermans,  shipping  merchants 
of  New  York.    They  built  a  wharf  and  warehouse,  and  had  soon  laid  the  founda 
tion  of  a  handsome  fortune.  Eugene  La  Forrest,  in  Portland  Oregonian,  Jan. 
29,  1870;  Deady,  in  Trans.  Or.  Pioneer  Assor.,  1876,  33-4.    Nathaniel  Crosby, 
also  of  Portland,  was  owner  of  the  0.  C.  Raymond,  which  carried  on  so  profit 
able  a  trade  that  he  could  afford  to  pay  the  master  §300  a  month,  the  mate 
$200,  and  ordinary  seamen  $100.     He  had  built  himself  a  residence  costing 
$5,000  before  the  gold  discovery.  Honolulu  Friend,  Oct.  15,  1849. 

18  McLoughlin's  miller  was  James  Bachan,  a  Scotchman.     The  island  grist 
mill  was  in  charge  of  Robert  Pentland,  an  Englishman,  miller  for  Abernethy. 
Crawford's  Nar.,  MS. 

19  A  mill  was  erected  in  1848  on  Milton  Creek,  which  falls  into  Scappoose 
Bay,  an  inlet  of  the  lower  Willamette  at  its  junction  with  the  Columbia,  where 
the  town  of  Milton  was  subsequently  laid  off  and  had  a  brief  existence.     It 
was  owned  by  T.  H.  Hemsaker,  and  built  by  Joseph  Cunningham.     It  began 
running  in  1849,  and  was  subsequently  sold  to  Captain  N.  Crosbey  and  Thomas 
W.  Smith,  who  employed  the  bark  Louisiana,  Captain  Williams,  carrying 
lumber  to  San  Francisco.  Crawford's  Nar.,  MS. ,  217.     By  the  bark  Diamond, 
which  arrived  from  Boston  in  August,  Hiram  Clark  supercargo,  Abernethy 
received  a  lot  of  goods  and  took  Clark  as  partner.     Together  they  built  a  saw 
and  planing  mill  on  the  Columbia  at  Oak  Point,  opposite  the  original  Oak 
Point  of  the  Winship  brothers,  a  more  convenient  place  for  getting  timber  or 
loading  vessels  than  Oregon  City.     The  island  mill  at  the  latter  place  was 
rented  to  Walter  Pomeroy,  and  subsequently  sold,  as  I  shall  relate  hereafter. 
Another  mill  was  erected  above  and  back  of  Tongue  Point  by  Henry  Marland 
in  1849.  Id.;  Honolulu  Friend,  Oct.  3,  1849. 

20  In  the  Spectator  of  Oct.  18,  1849,  the  price  of  beef  on  foot  is  given  at 
6  and  8  cents;  in  market,  10  and  12  cents  per  pound;  pork,  16  and  20  cents; 


MIND  AND  HABITS  UNSETTLED.  51 

When  the  General  Lane  sailed  from  Oregon  City 
with  lumber  and  provisions,  there  were  several  tons 
of  eggs  on  board  which  had  been  purchased  at  the 
market  price,  and  which  were  sold  by  the  captain  at 
thirty  cents  a  dozen  to  a  passenger  who  obtained  for 
them  at  Sacramento  a  dollar  each.  The  large  increase 
of  home  productions,  with  the  influx  of  gold  by  the 
return  of  fortunate  miners,  soon  enabled  the  farmers 
to  pay  off  their  debts  and  improve  their  places,  a  labor 
upon  which  they  entered  with  ardor  in  anticipation  of 
the  donation  law.  Some  of  those  who  could  arrange 
their  affairs,  went  a  second  time  to  California  in  1849; 
among  the  new  companies  being  one  of  several  hun 
dred  Canadians  and  half-breeds,  under  the  charge  of 
Father  Delorme,  few  of  whom  ever  returned  alive, 
owing  to  one  of  those  mysterious  epidemics,  developed 
under  certain  not  well  understood  conditions,  attack 
ing  their  camp.21 

On  the  whole  the  effect  of  the  California  gold  dis 
covery  was  to  unsettle  the  minds  of  the  people  and 
change  their  habits.  To  the  Hudson's  Bay  Company 
it  was  in  some  respects  a  damage,  and  in  others  a 
benefit.  The  fur-trade  fell  off,  and  this,  together  with 
the  operation  of  the  treaty  of  1846,  compelling  them 
to  pay  duties  on  goods  from  English  ports,  soon 
effected  the  abandonment  of  their  business  in  United 
States  territory.  For  a  time  they  had  a  profitable 
trade  in  gold-dust,  but  when  coined  gold  and  American 
and  Mexican  money  came  into  free  circulation,  there 
was  an  end  of  that  speculation.22  Every  circumstance 
now  conspired  to  drive  British  trade  out  of  Oregon 

butter,  62  and  75  cents;  cheese,  50  cents;  flour,  $14  per  barrel;  wheat,  $1.50 
and  $2  per  bushel,  and  oats  the  same.  Potatoes  were  worth  $2.50  per  bushel; 
apples,  $10.  These  were  the  articles  produced  in  the  country,  and  these 
prices  were  good.  On  the  other  hand,  groceries  and  dry  goods,  which  were 
imported,  cost  less  than  formerly,  because,  while  consumption  was  less,  more 
cargoes  were  arriving.  Iron  and  nails,  glass  and  paint  were  still  high,  and 


cooking-stoves  brought  from  $70  to  $130. 
21  F.  X.  Matthieu,  ^ 


who  was  one  of  the  company,  says  that  out  of  COO  only 
150  remained  alive,  and  that  Delorme  narrowly  escaped.  Refugee,  MS.,  15; 
Blanche? s  Hist.  Cath.  Ch.  in  Or.,  180. 

22  Roberts'  Recollections,  MS.,  81;  Anderson's  Northwest  Coast,  MS.,  38. 


52  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

as  fast  as  the  country  could  get  along  independently 
of  it ;  and  inasmuch  as  the  fur  company  had,  through 
the  dependence  of  the  American  community  upon 
them,  been  enabled  to  make  a  fair  profit  on  a  large 
amount  of  goods,  it  was  scarcely  to  be  regretted  that 
they  should  now  be  forced  to  give  way,  and  retire  to 
new  territory  where  only  fur  companies  properly  be 
long. 

Among  the  events  of  1849  which  were  directly 
due  to  the  mining  episode  was  the  minting  of  about 
fifty  thousand  dollars  at  Oregon  City,  under  an  act 
of  the  colonial  legislature  passed  at  its  last  session, 
without  license  from  the  United  States.  The  rea 
sons  for  this  act,  which  were  recited  in  the  preamble, 
were  that  in  use  as  currency  was  a  large  amount  of 
gold-dust  which  was  mixed  with  base  metals  and  im 
purities  of  other  kinds,  and  that  great  irregularities 
in  weighing  existed,  to  the  injury  of  the  community. 
Two  members  only,  Medorum  Crawford  and  W.  J. 
Martin,  voted  against  the  bill,  and  these  entered  on 
the  records  a  formal  protest  on  the  ground  that  the 
measure  was  unconstitutional  and  inexpedient.23  The 

23  Graver's  Or.  Archives,  311,  315.  The  act  was  approved  by  the  governor 
Feb.  16,  1849.  According  to  its  pi-ovisions  the  mint  was  to  be  established  at 
Oregon  City;  its  officers,  elected  annually  by  the  house  of  representatives, 
were  to  give  each  $30,000  bonds,  and  draw  a  salary  of  $1 ,999  each  perannum,  to 
be  paid  out  of  proceeds  of  the  institution.  The  director  was  empowered  to 
pledge  the  faith  of  the  territory  for  means  to  put  the  mint  in  operation ;  and 
was  required  to  publish  in  some  newspaper  in  the  territory  a  quarterly  state 
ment,  or  by  sending  such  a  report  to  the  county  clerk  of  each  county.  The 
act  provided  for  an  assayer  and  melter  and  coiner,  the  latter  being  forbidden 
to  use  any  alloys  whatever.  The  weight  of  the  pieces  was  to  be  five  penny 
weights  and  ten  pennyweights  respectively,  no  more  and  no  less.  The  dies 
for  stamping  were  required  to  have  on  one  side  the  Roman  figure  five,  for 
the  pieces  of  five  pennyweights,  and  the  Roman  figure  ten,  for  the  pieces  of 
ten  pennyweights,  the  reverse  sides  to  be  stamped  with  the  words  Oregon 
Territory,  and  the  date  of  the  year  around  the  face,  with  the  'arms  of  Ore 
gon'  in  the  centre.  What  then  constituted  the  'arms  of  Oregon'  is  a  ques 
tion.  Brown,  Will.  Valley,  MS.,  13,  says  that  only  parts  of  the  impression 
remain  in  the  Oregon  archives,  and  that  it  has  gone  out  of  the  memory  of 
everybody,  including  Holderness,  secretary  of  state  in  1848.  Thornton  says 
that  the  auditor's  seal  of  the  provisional  government  consisted  of  a  star  in 
the  centre  of  a  figure  so  arranged  as  to  represent  a  larger  star,  containing  the 
letters  Auditor  0.  T.,  and  that  it  is  still  preserved  in  the  Oregon  archives. 
Relics,  MS. ,  6.  But  as  the  law  plainly  described  the  coins  as  having  the  arms 
of  Oregon  on  the  same  side  with  the  date  and  the  name  of  the  territory,  then 
if  the  idea  of  the  legislators  was  carried  out,  as  it  seems  to  have  been,  a  beaver 


THE  QUESTION  OF  COINAGE.  53 

reason  for  the  passage  of  the  act  was,  really,  the  low 
price  of  gold-dust,  the  merchants  having  the  power 
to  fix  the  rate  of  gold  as  well  as  of  wheat,  receiving 
it  for  goods  at  twelve  dollars  an  ounce,  the  Hudson's 
Bay  Company  buying  it  at  ten  dollars  and  paying  in 
coin  procured  for  the  purpose.24 

The  effect  of  the  law  was  to  prevent  the  circulation 
of  gold-dust  altogether,  as  it  forbade  weighing.  No 
steps  were  taken  toward  building  a  mint,  which  would 
have  been  impossible  had  not  the  erection  of  a  terri 
torial  government  intervened.  But  as  there  was 
henceforth  considerable  coin  coming  into  the  country 
to  exchange  at  high  prices  for  every  available  product, 
there  was  no  serious  lack  of  money.25  On  the  con 
trary  there  was  a  disadvantage  in  the  readiness  with 
which  silver  was  introduced  from  California,  barrels 
of  Mexican  and  Peruvian  dollars  being  thrown  upon 
the  market,  which  had  been  sent  to  California  to  pay 
for  gold-dust.  The  Hudson's  Bay  Company  allowed 
only  fifty  cents  for  a  Peruvian  dollar,  while  the  Amer 
ican  merchants  took  them  at  one  hundred  cents.  Some 
of  the  Oregon  miners  were  shrewd  enough  to  buy  up 
Mexican  silver  dollars,  and  even  less  valuable  coins, 
with  gold-dust  at  sixteen  dollars  an  ounce,  and  take 

must  have  been  the  design  on  the  territorial  seal,  as  it  was  on  the  coins. 
All  disbursements  of  the  mint,  together  with  the  pay  of  officers,  must  be  made 
in  the  stamped  pieces  authorized  by  the  act;  and  whatever  remained  of  profits, 
after  deducting  expenses,  was  to  be  applied  to  pay  the  Cayuse  war  expenses. 
Penalties  were  provided  for  the  punishment  of  any  private  person  who  should 
coin  gold  or  attempt  to  pass  unstamped  gold.  The  officers  appointed  were 
James  Taylor,  director;  Truman  P.  Powers,  treasurer;  W.  H.  Willson, 
melter  and  coiner,  and  G.  L.  Curry,  assayer.  Or.  Spectator,  Feb.  22,  1849. 

24 Barnes'  Or.  and  Gal.,  MS.,  9;  Buck's  Enterprises,  MS.,  8;  Brown's  Will. 
VaL,  MS.,  14.  This  condition  of  the  currency  caused  a  petition  to  be  drawn 
up  and  numerously  signed,  setting  forth  that  in  consequence  of  the  neglect  of 
the  United  States  government  the  colonists  must  combine  against  the  greed 
of  the  merchants  in  this  matter.  There  was  gold-dust  in  the  territory,  they 
declared,  to  the  value  of  two  millions  of  dollars,  and  more  arriving.  Besides 
the  losses  they  were  forced  to  bear  by  the  depreciation  of  gold  -  dust,  there 
was  the  inconvenience  of  handling  it  in  its  original  state,  and  also  the  loss 
attending  its  frequent  division.  These  objections  to  a  gold-dust  currency 
being  likely  to  exist  for  some  time,  or  as  long  as  mining  was  followed,  they 
prayed  the  legislature  to  pass  a  coinage  act,  which  was  done  as  I  have  said. 
Or.  Archives,  MS.,  188. 

t.  Or.,  MS. 

' 


54  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

them  to  Oregon  where  dust  could  be  readily  obtained 
at  twelve  or  fourteen  dollars  an  ounce.26  The  gold 
coins  in  general  circulation  were  Spanish  doubloons, 
halves,  and  quarters.  Such  was  the  scarcity  of  con 
venient  currency  previous  to  this  overplus  that  silver 
coin  had  been  at  a  premium  of  ten  per  cent,27  but  fell 
rapidly  to  one  per  cent. 

The  act  of  the  legislature  did  not  escape  criticism.28 
But  before  the  law  could  be  carried  into  effect  Gov 
ernor  Lane  had  issued  his  proclamation  placing  the 
territory  under  the  government  of  the  United  States, 
and  it  became  ineffectual,  as  well  as  illegal.  The 
want,  however,  remaining  the  same,  a  partnership 
was  formed  called  the  Oregon  Exchange  Company, 
which  proceeded  to  coin  money  after  its  own  fashion, 
and  on  its  own  responsibility.  The  members  were 
W.  K.  Kilborne,  Theophilus  Magruder,  James  Tay 
lor,  George  Abernethy,  W.  H.  Willson,  W.  H.  Rector, 
J.  G.  Campbell,  and  Noyes  Smith.  Rector  "being  the 
only  member  with  any  mechanical  skill "  was  depu 
tized  to  furnish  the  stamps  and  dies,  which  he  did, 
using  a  small  machine  for  turning  iron.  The  engrav 
ing  was  done  by  Campbell.  When  all  was  in  readi 
ness,  Rector  was  employed  as  coiner,  no  assaying 
being  done  or  attempt  made  to  part  the  silver  from 
the  gold.  Indeed,  it  was  not  then  known  in  Oregon 
that  there  was  any  silver  in  the  crude  metal,  and  all 
the  pieces  of  the  same  denomination  were  made  of  the 
same  weight,  though  the  color  varied  considerably. 
About  thirty  thousand  dollars  were  made  into  five- 

26  W.  H.  Rector's  Oregon  Exchange,  Company,  in  Or.  Archives,  MS.,  193. 

27  Moss1  Pioneer  Times,  MS.,  59. 

28  Some  severe  strictures  were  passed  upon  it  by  A.  E.  Wait,  a  lawyer, 
and  at  that  time  editor  of  the  Spectator,  who  declared  with  emphasis  that  the 
people  of  Oregon  desired  no  law  which  conflicted  with  the  laws  of  the  United 
States;  but  only  asked  for  the  temporary  privilege  under  the  provisional  gov 
ernment  of  coining  gold  to  meet  the  requirements  of  business  for  the  present; 
raid  that  if  this  act  was  to  be  numbered  among  those  which  congress  was 
asked  to  confirm,  it  was  a  direct  insult  to  the  United  States.    Wait  may  have 
been  right  as  to  the  general  sentiment  of  the  people,  or  of  the  best  and  most 
patriotic  men  of  the  American  party,  but  it  is  plain  from  the  language  of  the 
memorial  to  the  legislature  that  its  framers  were  in  a  mood  to  defy  the  gov 
ernment  which  had  so  long  appeared  to  be  unmindful  of  them. 


BEAVER  MONEY. 


55 


dollar  pieces ;  and  not  quite  the  same  amount  into  ten- 
dollar  coins.29  This  coinage  raised  the  price  of  dust 
from  twelve  to  sixteen  dollars  an  ounce,  and  caused  a 
great  saving  to  the  territory.  Being  thrown  into  cir 
culation,  and  quickly  followed  by  an  abundance  of 
money  from  California,  the  intended  check  on  the 
avarice  of  the  merchants  was  effected.30  The  Oregon 
Exchange  coinage  went  by  the  name  'beaver  money/ 
and  was  eventually  all  called  in  by  the  United  States 
mint  in  San  Francisco,  a  premium  being  paid  upon  it, 
as  it  was  of  greater  value  than  the  denominations  on 
the  coins  indicated.31 

I  have  said  that  the  effect  of  the  gold  discovery 
was  to  change  the  habits  of  the  people.     Where  all 

29  The  ten-dollar  pieces  differed  from  the  fives  by  having  over  the  beaver 
only  the  letters  'K.  M.  T.  R.  C.  S.'  underneath  which  were  seven  stars.     Be- 


TEK  DOLLABS. 


FIVE  DOLLARS. 

neath  the  beaver  was  '0.  T.,  1849.'  On  the  reverse  was  'Oregon  Exchange 
Company'  around  the  margin,  and  '  10  D.  20  G.  Native  Gold'  with  'Ten  D.'  in 
the  centre.  Thornton's  Or.  Relics,  MS.,  5. 

30  Or.  Archives,  MS.,  192-5;  Buck's  Enterprises,  MS.,  9-10.     Rector  says: 
'I  afterward  learned  that  Kilborne  took  the  rolling-mill  to  Umpqua.     John 
O.  Campbell  had  the  dies  the  last  I  knew  of  them.     He  promised  to  destroy 
them;'  to  which  J.  Henry  Brown  adds  that  they  were  placed  in  the  custody 
of  the  secretary  of  state,  together  with  a  $10  piece,  and  that  he  had  made 
several  impressions  of  the  dies  in  block  tin.     A  set  of  these  impressions  was 
presented  to  me  in  1878  by  Mr  Brown,  and  is  in  my  collection. 

31  Or.  Archives,  MS.,  191,  196.     Other  mention  of  the  'beaver  money'  is 
made  in  Or.  Pioneer  Asso.  Trans.,  1875,  72,  and  Portland  Oregonian,  Dec.  8, 
1866. 


56  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

was  economy  and  thrift  before,  there  was  now  a  ten 
dency  to  profligacy  and  waste.  This  was  natural. 
They  had  suffered  -so  long  the  oppression  of  a  want 
that  could  not  be  relieved,  and  the  restraint  of  desires 
that  could  not  be  gratified  without  money,  that  when 
money  came,  and  with  such  ease,  it  was  like  a  draught 
of  brandy  upon  an  empty  stomach.  There  was  in 
toxication,  sometimes  delirium.  Such  was,  especially 
the  case  with  the  Canadians,32  some  of  whom  brought 
home  thirty  or  forty  thousand  dollars,  but  were  unable 
to  keep  it.  The  same  was  true  of  others.  The  pleasure 
of  spending,  and  of  buying  such  articles  of  luxury 
as  now  began  to  find  their  way  to  Oregon  from  an 
overstocked  California  market,  was  too  great  to  be 
resisted.  If  they  could  not  keep  their  money,  how 
ever,  they  put  it  into  circulation,  and  so  contributed 
to  supply  a  want  in  the  community,  and  enable  those 
who  could  not  go  to  the  mines,  through  fear  of  losing 
their  land  claims,  or  other  cause,  to  share  in  the  golden 
harvest.33 

It  has  been  held  by  some  that  the  discovery  of 
gold  at  this  time  seriously  retarded  the  progress  of 
Oregon.34  This  was  not  the  case  in  general,  though 
it  may  have  been  so  in  particular  instances.  It 
took  agriculturists  temporarily  from  their  farms  and 
mechanics  from  their  shops,  thereby  checking  the 
steady  if  slow  march  of  improvement.  But  it  found 
a  market  for  agricultural  products,  raising  prices 
several  hundred  per  cent,  and  enabled  the  farmer  to 
get  gold  for  his  produce,  instead  of  a  poor  class  of 
goods  at  exorbitant  prices.  It  checked  for  two  or 
three  years  the  progress  of  building.  While  mill- 
owners  obtained  enormous  prices  for  their  lumber, 
the  wages  of  mechanics  advanced  from  a  dollar  and  a 
half  a  day  to  eight  dollars,  and  the  day  laborer  was 
able  to  demand  and  obtain  four  dollars  per  day33 

32  Anderson's  Northwest  Coast,  MS.,  37-9;  Johnson's  Cal  and  Or.,  206-7. 
83  Saywardjs  Pioneer  Remin.,  MS.,  7. 

34  Deady,  in  Overland  Monthly,  i.  36;  Honolulu  Friend,  May  3,  1851. 
85  Brown's  Autobiography,  MS.,  37;  Strong's  Hist.  Or.,  MS.,  15. 


WAGES  AND  DEBTS.  57 

where  he  had  received  but  one.  Men  who  before  were 
almost  hopelessly  in  debt  were  enabled  to  pay.  By 
the  amended  currency  law,  all  debts  that  had  to  be 
collected  by  law  were  payable  in  gold  instead  of 
wheat.  Many  persons  were  in  debt,  and  their  credit 
ors  hesitated  to  sell  their  farms  and  thus  ruin  them; 
but  all  the  same  the  dread  of  ruin  hung  over  them, 
crushing  their  spirits.  Six  months  in  the  gold  mines 
changed  all,  and  lifted  the  burden  from  their  hearts. 
Another  good  effect  was  that  it  drew  to  the  country 
a  class,  not  agriculturists,  nor  mechanics,  nor  profes 
sional  men,  but  projectors  of  various  enterprises  bene 
ficial  to  the  public,  and  who  in  a  short  time  built 
steamboats  in  place  of  sloops  and  flatboats,  and  estab 
lished  inland  transportation  for  passengers  and  goods, 
which  gradually  displaced  the  pack-train  and  the 
universal  horseback  travel.  §  These  new  men  enabled 
the  United  States  government  to  carry  out  some  of 
its  proposed  measures  of  relief  in  favor  of  the  people 
of  Oregon,  in  the  matter  of  a  mail  service,  to  open 
trade  with  foreign  ports,  to  establish  telegraphic  com 
munication  with  California,  and  eventually  to  introduce 
railroads.  These  were  certainly  no  light  benefits,  and 
were  in  a  measure  the  result  of  the  gold  discovery. 
Without  it,  though  the  country  had  continued  to  fill 
up  with  the  same  class  of  people  who  first  settled 
it,  several  generations  must  have  passed  before  so 
much  could  have  been  effected  as  was  now  quickly 
accomplished.  Even  with  the  aid  of  government  the 
country  must  have  progressed  slowly,  owing  to  its 
distance  from  business  and  progressional  centres,  and 
the  expense  of  maintaining  intercourse  with  the  parent 
government.  Moreover,  during  this  period  of  slow 
growth  the  average  condition  of  the  people  with  re 
spect  to  intellectual  progress  would  have  retrograded. 
The  adult  population,  having  to  labor  for  the  support 
of  families,  and  being  deprived  through  distance  and 
the  want  of  money  from  keeping  up  their  former 
intellectual  pursuits,  would  have  ceased  to  feel  their 


53  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

former  interest  in  learning  and  literature.  Their  chil 
dren,  with  but  poor  educational  facilities  and  without 
the  example,  would  have  grown  up  with  acquire 
ments  inferior  to  those  of  their  parents  before  emi 
grating.  Reared  in  poor  houses,  without  any  of  the 
elegancies  of  life,36  and  with  but  few  of  the  ordinary 
conveniences,  they  would  have  missed  the  refining 
influences  of  healthy  environment,  and  have  fallen 
below  the  level  of  their  time  in  regard  to  the  higher 
enjoyments  of  living.  The  people  being  chiefly  agri 
cultural  and  pastoral,  from  their  isolation  would  have 
become  fixed  in  their  ideas  and  prejudices.  As  the 
means  of  living  became  plenty  and  little  exertion  was 
required,  they  would  become  attached  to  an  easy, 
careless,  unthinking  mode  of  existence,  with  a  ten 
dency  even  to  resent  innovations  in  their  habits  to 
which  a  higher  degree  of  civilization  might  invite 
them.  Such  is  the  tendency  of  poverty  and  isolation, 
or  of  isolation  and  rude  physical  comforts,  without 
some  constant  refining  agency  at  hand. 

One  of  the  immediate  effects  of  the  mining  exodus 
of  1848  was  the  suspension  of  the  legislature.37  On 
the  day  appointed  by  law  for  the  assembling  of  the 
legislative  body  only  nine  members  were  present, 
representing  four  counties;  and  this  notwithstanding 
the  governor  had  issued  proclamations  to  fill  vacan 
cies  occurring  through  the  resignation  of  members- 
elect.38  Even  after  the  sergeant-at-arrns  had  com 
pelled  the  appearance  of  four  members  from  Cham- 

56 Strong's  Hist.  Or.,  MS.,  21. 

37  The  members  elect  of  the  legislature  were :  from  Clackamas,  A.  L.  Love- 
joy,  G.  L.  Curry,  J.  L.  Snook;  Tualatin,  Samuel  R.  Thurston,  P.  H.  Bur 
nett,  Ralph  Wilcox;  Champoeg,  Albert  Gains,  Robert  Newell,  W.  J.  Bailey, 
William   Porter;   Yamhill,   A.  J.  Hembree,  L.   A.   Rice,  William   Martin; 
Polk,  Harrison  Linville,  J.  W.  Nesmith,  0.  Russell;  Linn,  Henry  J.  Peter 
son,  Anderson  Cox;  Lewis,  Levi  L.  Smith;  Clatsop,  A.  H.  Thompson;  Van 
couver,  Adolphus  L.  Lewis.  Grovels  Or.  Archives,  258. 

38  The  members  elected  to  fill  vacancies  were  Samuel  Parker,  in  Cham 
poeg  County;  D.  Hill,  in  Tualatin;  A.  F.  Hedges  and  M.  Crawford,  in  Clack 
amas.  Id.,  260.     Two  other  substitutes  were  elected — Thomas  J.  Lovelady 
of  Polk  county,  and  A.  M.  Locke  of  Benton,  neither  of  whom  served. 


THE  WHEELS  OF  LEGISLATION.  59 

poeg,  Polk,  and  Linn  counties,  there  were  still  but 
thirceen  out  of  twenty-three  allowed  by  the  appor 
tionment.  After  organizing  by  choosing  Ralph  Wil- 
cox  speaker,  W.  G.  T' Vault  chief  clerk,  and  William 
Holmes  sergeant-at-arms  and  door-keeper,  the  house 
adjourned  till  the  first  Monday  in  February,  to  give 
time  for  special  elections  to  fill  the  numerous  vacan 
cies. 

The  governor  having  again  issued  proclamations  to 
the  vacant  districts  to  elect,  on  the  5th  of  February 
1849  there  convened  at  Oregon  City  the  last  session 
of  the  provisional  legislature  of  the  Oregon  colony. 
It  consisted  of  eighteen  members,  namely:  Jesse 
Applegate,  W.  J.  Bailey,  A.  Cox,  M.  Crawford,  G. 
L.  Curry,  A.  F.  Hedges,  A.  J.  Hembree,  David 
Hill,  John  Hudson,  A.  L.  Lewis,  W.  J.  Martin,  S. 
Parker,  H.  J.  Peterson,  William  Portius,  L.  A.  Rice, 
S.  R.  Thurston,  J.  C.  Avery,  and  Ralph  Wilcox.39 

Lewis  County  remained  unrepresented,  nor  did 
Avery  of  Benton  appear  until  brought  with  a  war 
rant,  an  organization  being  effected  with  seventeen 
members.  Wilcox  declining  to  act  as  speaker,  Levi 
A.  Rice  was  chosen  in  his  place,  and  sworn  into  office 
by  S.  M.  Holderness,  secretary  of  state.  T'Vault 
was  reflected  chief  clerk;  James  Cluse  enrolling  clerk; 

39  Ralph  Wilcox  was  born  in  Ontario  county,  New  York,  July  9,  1818.  He 
graduated  at  Geneva  medical  college  in  that  state,  soon  after  which  he  re 
moved  to  Missouri,  where  on  the  llth  of  October  1845  he  married,  emigrat 
ing  to  Oregon  the  following  year.  In  January  1847  he  was  appointed  by 
Abernethy  county  judge  of  Tualatin  vice  W.  Burris  resigned,  and  the  same 
year  was  elected  to  the  legislature  from  the  same  county,  and  re-elected  in 
1848.  Besides  being  chosen  speaker  at  this  session,  he  was  elected  speaker  of 
the  lower  house  of  the  territorial  legislature  in  1850-1,  and  president  of  the 
council  in  1853-4.  During  the  years  1856-8  he  was  register  of  the  U.  S. 
land  office  at  Oregon  City,  and  was  elected  in  the  latter  year  county  judge  of 
Washington  (formerly  Tualatin)  county,  an  office  which  he  held  till  1862, 
when  he  was  again  elected  to  the  house  of  representatives  for  two  years.  In 
July  1865  he  was  appointed  clerk  of  the  U.  S.  district  court  for  the  district 
of  Oregon,  and  U.  S.  commissioner  for  the  same  district,  which  office  he  con 
tinued  to  hold  down  to  the  time  of  his  death,  which  occurred  by  suicide, 
April  18,  1877,  having  shot  himself  in  a  state  of  mental  depression  caused  by 
paralysis.  Notwithstanding  his  somewhat  free  living  he  had  continued  to 
enjoy  the  confidence  of  the  public  for  thirty  years.  The  Portland  bar 
passed  the  usual  eulogistic  resolutions.  Oregon  City  Enterprise,  April  26,  1877; 
S.  F.  Alta,  April  19,  1877;  Cal.  Christian  Advocate,  May  3,  1877;  Portland 
Oreyonian,  April  21,  1877;  Deady,  in  Or.  Pioneer  Asso.  Trans.,  1875,  37-8. 


60  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

Stephen  H.  L.  Meek  sergeant-at-arms,  and  Wilson 
Blain  chaplain. 

Abernethy  in  his  message  to  the  legislature  informed 
them  that  his  proclamation  had  called  them  together 
for  the  purpose  of  transacting  the  business  which 
should  have  been  done  at  the  regular  session,  relating 
chiefly  to  the  adjustment  of  the  expenses  of  the 
Cayuse  war,  which  it  was  expected  the  United  States 
government  would  assume;  and  also  to  act  upon  the 
amendments  to  the  organic  law  concerning  the  oath 
of  office,  the  prohibition  of  the  sale  and  manufacture 
of  ardent  spirits,  and  to  make  the  clerks  of  the  sev 
eral  counties  recorders  of  land  claims,  which  amend 
ments  had  been  sanctioned  by  the  vote  of  the  people 
at  the  regular  election.  Information  had  been  re 
ceived,  he  said,  that  the  officers  necessary  to  establish 
and  carry  on  the  territorial  government,  for  which 
they  had  so  long  hoped,  were  on  their  way  and  would 
soon  arrive;40  and  he  plainly  indicated  that  he  expected 
the  matters  pointed  out  to  be  settled  in  a  certain  way, 
before  the  new  government  should  be  established, 
confirming  the  acts  of  the  retiring  organization.41 

The  laws  passed  relating  to  the  Cayuse  war  were 
an  act  to  provide  for  the  pay  of  the  commissioned  offi- 

40  This  information  seems  to  have  been  brought  to  Oregon  in  January 
1849,  by  0.  C.  Pratt,  one  of  the  associate- judges,  who  happened  to  be  in  Cali 
fornia,  whither  he  had  gone  in  pursuit  of  health.     His  commission  met  him 
at  Monterey  about  the  last  of  Nov.,  and  in  Dec.  he  left  for  Oregon  on  the 
bark   Undine  which  after  a  long  voyage,  and  being  carried  into  Shoalwater 
Bay,  finally  got  into  the  Columbia  in  Jan.  Salem  Or.  Statesman,  Aug.  7, 1852; 
Or.  Spectator,  Jan.  25,  1849. 

41  He  submitted  the  report  of  the  adjutant-general,  by  which  it  appeared 
that  the  amount  due  to  privates  and  non-commissioned  officers  was  $109,- 
311.50,  besides  the  pay  of  the  officers  and  those  persons  employed  in  the 
different  departments.    He  recommended  that  a  law  should  be  passed  author 
izing  scrip  to  be  issued  for  that  amount,  redeemable  at  an  early  date,  and 
bearing  interest  until  paid.     The  belief  that  the  general  government  would 
become  responsible  would,  he  said,  make  the  scrip  salable,  and  enable  the 
holders  to  whom  it  should  be  issued  to  realize  something  immediately  for 
their  services.  Graver's  Or.  Archives,  273.    This  was  the  beginning  of  specu 
lation  in  Oregon  war  scrip.     As  to  the  report  of  the  commissary  and  quarter 
master-general,  the  governor  left  that  for  the  legislature  to  examine  into,  and 
the  accounts  so  far  as  presented  in  these  departments  amounted  to  something 
like  $57,000,  making  the  cost  of  the  war  without  the  salaries  of  the  commis 
sioned  officers  over  $166,000.     This  was  subsequently  much  reduced  by  a 
commission,  as  I  shall  show  iu  the  proper  place. 


ACTS  PASSED.  61 

cers  employed  in  the  service  of  the  territory  during 
the  hostilities,  and  an  act  regulating  the  issuing  and 
redemption  of  scrip,42  making  it  payable  to  the  person 
to  whom  first  issued,  or  bearer,  the  treasurer  being 
authorized  to  exchange  or  redeem  it  whenever  offered, 
with  interest.  Another  act  provided  for  the  manner 
of  exchange,  and  interest  payments.  An  act  was 
passed  making  a  change  in  the  oath  of  office,  and 
making  county  clerks  recorders  of  land  claims,  to 
which  the  governor  refused  his  signature  on  the  plea 
that  the  United  States  laws  would  provide  for  the 
manner  of  recording  claims.  On  the  other  hand  the 
legislature  refused  to  amend  the  organic  law  by  put 
ting  in  the  word  'prohibit'  in  place  of  'regulate,'  but 
passed  an  act  making  it  necessary  for  every  person 
applying  for  a  license  to  sell  or  manufacture  ardent 
spirits,  to  take  an  oath  not  to  sell,  barter,  or  give 
liquor  to  any  Indian,  fixing  the  penalty  at  one  hundred 
dollars;  and  no  distilleries  were  to  be  allowed  beyond 
the  limits  of  the  white  settlements.  With  this  poor 
substitute  for  the  entire  interdiction  he  had  so  long 
desired,  the  governor  was  compelled  to  be  so  far  sat 
isfied  as  to  append  his  signature. 

Besides  the  act  providing  for  weighing  and  stamp 
ing  gold,  of  which  I  have  spoken,  little  more  was  done 
than  is  here  mentioned. .  Some  contests  took  place 
between  members  over  proposed  enactments,  and 
Jesse  Applegate,43  as  customary  with  him,  offered 

42  The  first  act  mentioned  here  I  have  been  unable  to  find.  I  quote  the 
Or.  Spectator,  Feb.  22,  1849.  In  place  of  it  I  find  in  the  Or.  Laws,  1843-9, 
56-8,  an  act  providing  for  'the  final  settlement  of  claims  against  the  Oregon 
government  for  and  on  account  of  the  Cayuse  war, '  by  which  a  board  of  com 
missioners  was  appointed  to  settle  and  adjust  those  claims;  said  commission 
ers  being  Thomas  Magruder,  Samuel  Burch.  and  Wesley  Shannon,  whose 
duty  was  to  exhibit  in  detail  a  statement  of  all  accounts,  whether  for  money 
or  property  furnished  the  government,  or  for  services  rendered,  'either  as  a 
citizen,  soldier,  or  officer  of  the  army.'  This  might  be  construed  as  an  act 
to  provide  for  the  pay  of  commissioned  officers. 

^43  Ever  since  first  passing  throtigh  southern  Oregon  on  his  exploring  expe 
dition,  he  had  entertained  a  high  opinion  of  the  country;  and  he  brought  in 
a  bill  to  charter  an  association  called  the  Klamath  Company,  which  was  to 
have  power  to  treat  with  the  natives  and  purchase  lands  from  them.  Mr 
Hedges  opposed  the  bill,  and  offered  a  resolution,  '  that  it  was  not  in  the 
power  of  the  house  to  grant  a  charter  to  any  individual,  or  company,  for 


62  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

resolutions  and  protests  ad  arbitrium  et  propositum. 
Another  man,  Samuel  R  Thurston,  an  emigrant  of 
1847,  displayed  indications  of  a  purpose  to  make  his 
talents  recognized.  In  the  course  of  proceedings  A. 
L.  Lewis,  of  Vancouver  county,  offered  a  resolution 
that  the  superintendent  of  Indian  affairs  be  required 
to  report,44  presently  asking  if  there  were  an  Indian 
superintendent  in  Oregon  at  all. 

The  governor  replied  that  H.  A.  G.  Lee  had  re 
signed  the  superintendency  because  the  compensation 
bore  no  proportion  to  the  services  required,  and  that 
since  Lee's  resignation  he  had  performed  the  duties  of 
superintendent,  not  being  able  to  find  any  competent 
person  who  would  accept  the  office.  In  a  second  com 
munication  he  reported  on  Indian  affairs  that  the 
course  pursued  had  been  conciliatory,  and  that  the 
Indians  had  seemingly  become  quiet,  and  had  ceased 
their  clamor  for  pay  for  their  lands,  waiting  for  the 
United  States  to  move  in  the  matter;  and  the  Cay  use 
murderers  had  not  been  secured.  With  regard  to  the 
confiscation  of  Indian  lands,  he  returned  for  answer 

treating  for  wild  lands  in  the  territory,  or  for  holding  treaties  with  the  Indian 
tribes  for  the  purchase  of  lands,'  all  of  which  was  very  apparent.  But  Mr 
Applegate  introduced  the  counter  resolution  '  that  if  the  doctrine  in  the  reso 
lution  last  passed  be  true,  then  the  powers  of  the  Oregon  government  are  un 
equal  to  the  wants  of  the  people,'  which  was  of  course  equally  true,  as  it  was 
only  provisional. 

44  He  wished  to  know,  he  said,  whether  the  superintendent  had  upon  his 
own  or  the  authority  of  any  other  officer  of  the  government  confiscated  to 
the  use  of  the  people  of  Oregon  any  Indian  country,  and  if  so,  why ;  if  any 
grant  or  charter  had  been  given  by  him  to  any  citizen  or  citizens  for  the  set 
tlement  of  any  Indian  country,  and  if  so,  by  what  authority;  and  whether  he 
had  enforced  the  law  prohibiting  the  sale  of  liquor  to  Indians.  'A.  Lee  Lewis, ' 
says  Applegate,  '  a  bright  young  man,  the  son  of  a  chief  factor,  afterward 
superintendent  of  Indian  affairs,  was  the  first  representative  of  Vancouver 
district.'  Views  of  Hist.,  MS.,  45.  Another  British  subject,  who  took  a  part 
in  the  provisional  government,  was  Richard  Lane,  appointed  by  Abernethy 
county  judge  of  Vancouver  in  1847,  vice  Dugald  McTavish  resigned.  Or.  Spec 
tator,  Jan.  21,  1847.  Lane  came  to  Oregon  in  1837  as  a  clerk  to  the  Hudson's 
Bay  Company.  He  was  a  ripe  scholar  and  a  good  lawyer.  He  lived  for 
some  time  at  Oregon  City,  and  afterward  at  Olympia,  holding  various  offices, 
among  others  those  of  clerk  of  one  branch  of  the  territorial  legislature  of 
Washington,  clerk  of  the  supreme  and  district  courts,  county  auditor,  and 
clerk  of  the  city  corporation  of  Olympia.  He  died  at  The  Dalles  in  the 
spring  of  1877,  from  an  overdose  of  morphine,  apparently  taken  with  sui 
cidal  intent.  He  was  then  about  sixty  years  of  age.  Dalles  Mountaineer, 
in  Seattle  Pacific  Tribune,  March  2,  1877. 


IMMIGRATION.  63 

that  he  believed  Lee  had  invited  the  settlement  of 
Americans  in  the  Ca}nise  country,  but  that  he  knew 
nothing  of  any  charter  having  been  granted  to  any 
one,  and  that  he  presumed  the  settlement  would  have 
been  made  by  each  person  locating  a  claim  of  six 
hundred  and  forty  acres.  He  reiterated  the  opinion 
expressed  to  Lee,  when  the  superintendent  sought 
his  advice,  that  the  Cayuses  having  been  engaged  in 
war  with  the  Americans  the  appropriation  of  their 
lands  was  justifiable,  and  would  be  so  regarded  by  the 
neighboring  tribes.  As  to  liquor  being  sold  to  the 
Indians,  though  he  believed  it  was  done,  he  had  never 
yet  been  able  to  prove  it  in  a  single  instance,  and 
recommended  admitting  Indian  testimony. 

The  legislature  adjourned  February  16th,  having 
put,  so  far  as  could  be  done,  the  provisional  govern 
ment  in  order,  to  be  confirmed  by  act  of  congress, 
even  to  passing  an  act  providing  for  the  payment  of 
the  several  departments — a  necessary  but  hitherto 
much  neglected  duty  of  the  organization45 — and  also 
to  the  election  of  territorial  officers  for  another  term.46 
These  were  never  permitted  to  exercise  official  func 
tions,  as  but  two  weeks  elapsed  between  the  close  of 
the  session  and  the  arrival  of  Lane  .with  the  new  order 
of  things. 

Note  finally  the  effect  of  the  gold  discovery  on 
immigration.  California  in  1849  of  course  offered 

45  The  salary  of  the  governor  was  nominally  $500,  but  really  nothing,  as 
the  condition  of  the  treasury  was  such  as  to  make  drafts  upon  it  worthless 
except  in  a  few  cases.     Abernethy  did  not  receive  his  pay  from  the  provisional 
government,  and  as  the  territorial  act  did  not  confirm  the  statutes  passed  by 
the  several  colonial  legislatures,  he  had  no  redress.     After  Oregon  had  become 
a  state,  and  when  by  a  series  of  misfortunes  he  had  lost  nearly  all  his  posses 
sions,  after  more  than  20  years'  waiting  Abernethy  received  his  salary  as 
governor  of  the  Oregon  colony  by  an  appropriation  of  the  Oregon  legislature 
Oct.  1872.     The  amount  was  $2,986.21,  which  congress  was  asked  to  make 
good  to  the  state. 

46  A.  L.  Lovejoy  was  elected  supreme  judge  in  place  of  Columbia  Lan- 


treasurer;  John  G.  Campbell,  auditor;  W.  H.  Bennett,  marshal,  and  A.  Lee 
Lewis,  superintendent  of  Indian  affairs.  Or.  Spectator,  Feb.  22,  1849. 


64  EFFECT  OF  THE  CALIFORNIA  GOLD  DISCOVERY. 

the  great  attraction.  The  four  or  five  hundred  who 
were  not  dazzled  with  the  visions  of  immediate 
wealth  that  beckoned  southward  the  great  army  of 
gold-seekers,  but  who  suffered  with  them  the  common 
discomforts  of  the  way,  were  glad  to  part  company 
at  the  place  where  their  roads  divided  on  the  western 
slope  of  the  Rocky  Mountains. 

On  the  Oregon  part  of  the  road  no  particular  dis 
couragement  or  distress  befell  the  travellers  until 
they  reached  The  Dalles  and  began  the  passage  of  the 
mountains  or  the  river.  As  no  emigration  had  ever 
passed  over  the  last  ninety  miles  of  their  journey  to 
the  Willamette  Valley  without  accident  or  loss,  so 
these  had  their  trials  with  floods  and  mountain  de 
clivities,47  arriving,  however,  in  good  time,  after  having 
been  detained  in  the  mountains  by  forest  fires  which 
blocked  the  road  with  fallen  timber.  This  was  an 
other  form  of  the  inevitable  hardship  which  year 
after  year  fell  upon  travellers  in  some  shape  on  this 
part  of  their  journey.  The  fires  were  an  evidence 
that  the  rains  came  later  than  usual,  and  that  the 
former  trials  from  this  source  of  discomfort  were  thus 
absent.43  Such  was  the  general  absorption  of  the 
public  mind  in  other  affairs  that  the  immigration  re 
ceived  little  notice. 

Before  gold  was  discovered  it  was  land  that  drew 
men  to  the  Pacific,  land  seen  afar  off  through  a  rosy 
mist  which  made  it  seem  many  times  more  valuable 
and  beautiful  than  the  prolific  valleys  of  the  middle 
and  western  states.  And  now,  even  before  the  dona 
tion  law  had  passed,  the  tide  had  turned,  and  gold  was 
the  magnet  more  potent  than  acres  to  attract.  How 
far  population  was  diverted  from  the  north-west,  and 
to  what  extent  California  contributed  to  the  develop- 

47  Gen.  Smith  in  his  report  to  the  secretary  of  war  said  that  the  roads  to 
Oregon  were  made  to  come  into  it,  but  not  to  go  out  of  it,  referring  to  the  steep 
descents  of  the  western  declivities  of  the  Cascade  Mountains. 

48  A  long  dry  autumn  in  1849  was  followed  by  freshets  in  the  Willamette 
Valley  in  Dec.  and  Jan.,  which  carried  off  between  $40,000  and  §50, 000  worth 
of  property.  Or.  Spectator,  Jan.  10,  1850. 


ABSENCE  OF  THE  INFERNO.  65 

ment  of  the  resources  of  Oregon,49  the  progress  of  this 
history  will  show.  Then,  perhaps,  after  all  it  will  be 
seen  that  the  distance  of  Oregon  from  the  Sierra 
Foothills  proved  at  this  time  the  greatest  of  blessings, 
being  near  enough  for  commercial  communication,  and 
yet  so  far  away  as  to  escape  the  more  evil  conse 
quences  attending  the  mad  scramble  for  wealth,  such 
as  social  dissolution,  the  rapine  of  intellect  and  prin 
ciple,  an  overruling  spirit  of  gambling — a  delirium  of 
development,  attended  by  robbery,  murder,  and  all 
uncleanness,  and  followed  by  reaction  and  death. 

49  When  J.  Q.  Thornton  was  in  Washington  in  1848,  he  had  made  a  seal 
for  the  territory,  the  design  of  which  was  appropriate.  In  the  centre  a  shield, 
two  compartments.  Lower  compartment,  in  the  foreground  a  plough;  in 
the  distance,  mountains.  In  the  upper  compartment,  a  ship  under  full  sail. 
The  crest  a  beaver;  the  sinister  supporter  an  Indian  with  bow  and  arrow, 
and  a  mantle  of  skins  over  his  shoulders;  the  dexter  supporter  an  eagle 
with  wings  displayed;  the  motto — alls  volet  proprOs — I  fly  with  my  own  wing. 
Field  of  the  lower  compartment  argent;  of  the  upper  blue.  This  seal  was 
presented  to  the  governor  and  secretary  in  1850,  and  by  them  adopted.  By 
act  of  Jan.  1854,  it  was  directed  to  be  deposited,  and  recorded  in  the  office 
of  the  secretary,  to  remain  a  public  record;  but  so  far  as  can  be  ascertained 
it  was  never  done.  Or.  Gen.  Laws,  1845-1864,  p.  627.  For  fac-simile  of  seal 
see  p.  487,  this  vol. 

HIST.  OR.,  VOL.  II.    5 


CHAPTER  III. 

LANE'S   ADMINISTRATION, 
1849-1850. 

INDIAN  AFFAIRS — TROUBLES  is  COWLITZ  VALLEY — FORT  NISQUALLY  AT 
TACKED — ARRIVAL  OF  THE  UNITED  STATES  SHIP  'MASSACHUSETTS' — A 
MILITARY  POST  ESTABLISHED  NEAR  NISQUALLY — THORNTON  AS  SUB- 
INDIAN  AGENT — MEETING  OF  THE  LEGISLATIVE  ASSEMBLY — MEASURES 
ADOPTED — JUDICIAL  DISTRICTS— A  TRAVELLING  COURT  OF  JUSTICE — 
THE  MOUNTED  RIFLE  REGIMENT — ESTABLISHMENT  OF  MILITARY  POSTS 
AT  FORT  HALL,  VANCOUVER,  STEILACOOM,  AND  THE  DALLES— THE  VAN 
COUVER  CLAIM— GENERAL  PERSIFER  F.  SMITH — His  DRUNKEN  SOL 
DIERS—THE  DALLES  CLAIM— TRIAL  AND  EXECUTION  OF  THE  WHITMAN 
"  MURDERERS. 

GOVERNOR  LANE  lost  no  time  in  starting  the  political 
wheels  of  the  territory.  First  a  census  must  be  taken 
in  order  to  make  the  proper  apportionment  before  or 
dering  an  election;  and  this  duty  the  marshal  and  his 
deputies  quickly  performed.1  Meanwhile  the  governor 
applied  himself  to  that  branch  of  his  office  which  made 
him  superintendent  of  Indian  affairs,  the  Indians 
themselves — those  that  were  left  of  them — being 
prompt  to  remind  him  of  the  many  years  they  had 
been  living  on  promises,  and  the  crumbs  which  were 
dropped  from  the  tables  of  their  white  brothers.  The 
result  was  more  promises,  more  fair  words,  and  further 
assurances  of  the  intentions  of  the  great  chief  of  the 
Americans  toward  his  naked  and  hungry  red  children. 
Nevertheless  the  superintendent  did  decide  a  case 

JThe  census  returns  showed  a  total  of  8,785  Americans  of  all  ages  and 
both  sexes  and  298  foreigners.  From  this  enumeration  may  be  gathered 
some  idea  of  the  great  exodus  to  the  gold  mines  of  both  Americans  and  Brit 
ish  subjects.  Indians  and  Hawaiians  were  not  enumerated.  Honolulu  Friend, 
Oct.  1849,  51. 

(66) 


PACIFICATIONS.  67 

against  some  white  men  of  Linn  City  who  had  pos 
sessed  themselves  of  the  site  of  a  native  fishing  village 
on  the  west  bank  of  the  Willamette  near  the  falls, 
after  maliciously  setting  fire  to  the  wretched  habita 
tions  and  consuming  the  poor  stock  of  supplies 
contained  therein.  The  Indians  were  restored  to 
their  original  freehold,  and  quieted  with  a  promise 
of  indemnification,  which,  on  the  arrival  of  the  first 
ten  thousand  dollar  appropriation  for  the  Indian  ser 
vice  in  April,  was  redeemed  by  a  few  presents  of  small 
value,  the  money  being  required  for  other  purposes, 
none  having  been  forwarded  for  the  use  of  the  terri 
tory.2 

In  order  to  allay  a  growing  feeling  of  uneasiness 
among  the  remoter  settlements,  occasioned  by  the 
insolent  demeanor  of  the  Kliketats,  who  frequently 
visited  the  Willamette  and  perpetrated  minor  offences, 
from  demanding  a  prepared  meal  to  stealing  an  ox  or 
a  horse,  as  the  Molallas  had  done  on  previous  occa 
sions,  Lane  visited  the  tribes  near  The  Dalles  and 
along  the  north  side  of  the  Columbia,  including  the 
Kliketats,  all  of  whom  at  the  sight  of  the  new  white 
chief  professed  unalterable  friendship,  thinking  that 
now  surely  something  besides  words  would  be  forth 
coming.  A  few  trifling  gifts  were  bestowed.3  Pres 
ently  a  messenger  arrived  from  Puget  Sound  with 
information  of  the  killing  of  an  American,  Leander  C. 
Wallace,  of  Cowlitz  Valley,  and  the  wounding,  of  two 
others,  by  the  Snoqualimichs.  It  was  said  that  they 
had  concocted  a  plan  for  capturing  Fort  Ni squally 
by  fomenting  a  quarrel  with  a  small  and  inoffensive 
tribe  living  near  the  fort,  and  whom  they  employed 
sometimes  as  herdsmen.  They  reckoned  upon  the  com 
pany's  interference,  which  was  to  furnish  the  oppor 
tunity.  As  they  had  expected,  when  they  began  the 

'*  Honolulu  Friend,  Oct.  1849,  58;  Lane's  Kept,  in  31st  Cong.,  2d  Sess.y 
H.  Ex.  Doc.  1,  156. 

3  Lane  says  the  amount  expended  on  presents  was  about  $200;  and  that  he 
made  peace  between  the  Walla  Wallas  and  Yakimas  who  were  about  to  go 
to  war. 


68  LANE'S  ADMINISTRATION. 

affray,  the  Indians  attacked  ran  to  the  fort,  and  Tolmie, 
who  was  in  charge,  ordered  the  gates  opened  to  give 
them  refuge.  At  this  moment,  when  the  Snoquali- 
michs  were  making  a  dash  to  crowd  into  the  fort  on 
the  pretence  of  following  their  enemies,  Wallace, 
Charles  Wren,  and  a  Mr  Lewis  were  riding  toward 
it,  having  come  from  the  Cowlitz  to  trade.  On  seeing 
their  danger,  they  also  made  all  haste  to  get  inside, 
but  were  a  moment  too  late,  when,  the  gates  being 
closed,  the  disappointed  savages  fired  upon  them,  as  I 
have  said,  besides  killing  one  of  the  friendly  Indians 
who  did  not  gain  the  shelter  of  the  fort.4  Thibault, 
a  Canadian,  then  began  firing  on  the  assailants  from 
one  of  the  bastions.  The  Indians  finding  they  had 
failed  retreated  before  the  company  could  attack  them 
in  full  force.  There  was  no  doubt  that  had  the  Sno- 
qualimichs  succeeded  in  capturing  the  fort,  they  would 
have  massacred  every  white  person  on  the  Sound. 
Finding  that  they  had  committed  themselves,  they 
sent  word  to  the  American  settlers,  numbering  about 
a  dozen  families,  that  they  were  at  liberty  to  go  out 
of  the  country,  leaving  their  property  behind.  But 
to  this  offer  the  settlers  returned  answer  that  they 
intended  to  stay,  and  if  their  property  was  threatened 
should  fight.  Instead  of  fleeing,  they  built  block 
houses  at  Tumwater  and  Cowlitz  prairie,  to  which 
they  could  retire  in  case  of  alarm,  and  sent  a  messen 
ger  to  the  governor  to  inform  him  of  their  situation. 
There  were  then  at  Oregon  City  neither  armies  nor 
organized  courts.  Lieutenant  Hawkins  and  five  men 

4  This  is  according  to  the  account  of  the  affair  given  by  several  authorities. 
See  Tolmie  in  the  Feb.  3d  issue  of  Truth  Teller,  a  small  sheet  published  at 
Fort  Steilacoom  in  1858;  also  in  Hist.  Puget  Sound,  MS.,  33-5.  A  writer  in 
the  Olympia  Standard  of  April  11,  1868,  says  that  Wren  had  his  back  against 
the  wall  and  was  edging  in,  but  was  shut  out  by  Walter  Ross,  the  clerk, 
who  with  one  of  the  Nisquallies  was  on  guard.  This  writer  also  says  that 
Patkanim,  a.  chief  of  the  Snoqualimichs,  afterward  famous  in  the  Indian  wars, 
was  inside  the  fort  talking  with  Tolmie,  while  the  chief's  brother  shot  at  and 
killed  Wallace.  These  statements,  while  not  intentionally  false,  were  colored 
by  rumor,  and  by  the  prejudice  against  the  fur  coinpany,  which  had  its  origin 
with  the  first  settlers  of  the  Puget  Sound  region,  as  it  had  had  in  the  region 
south  of  the  Columbia.  See  also  Roberts'  Recollections,  MS.,  35;  Rabbison's 
Growth  of  Towns,  MS.,  17. 


TROUBLES  AT  NISQUALLY.  69 

who  had  not  deserted  constituted  the  military  force  at 
Lane's  command.  Acting  with  characteristic  prompt 
ness,  he  set  out  at  once  for  Puget  Sound,  accompanied 
by  these,  taking  with  him  a  supply  of  arms  and 
ammunition,  andjeaving  George  L.  Curry  acting  sec 
retary  by  his  appointment,  Pritchett  not  yet  having 
arrived.  At  Tumwater  he  was  overtaken  by  an  ex 
press  from  Vancouver,  notifying  him  of  the  arrival 
of  the  propeller  Massachusetts,  Captain  Wood,  from 
Boston,  by  way  of  Valparaiso  and  the  Hawaiian 
Islands,  having  on  board  two  companies  of  artillery 
under  Brevet-Major  Hathaway,  who  sent  Lane  word 
that  if  he  so  desired,  a  part  of  his  force  should  be 
moved  at  once  to  the  Sound.5 

Lane  returned  to  the  Columbia,  at  the  same  time 
despatching  a  letter  to  Tolniie  at  Fort  Nisqually,  re 
questing  him  to  inform  the  hostile  Indians  that  should 
they  commit  any  further  outrages  they  would  be  vis 
ited  with  chastisement,  for  now  he  had  fighting  men 
enough  to  destroy  them;  also  making  a  request  that 
no  ammunition  should  be  furnished  to  the  Indians.6 
His  plan,  he  informed  the  secretary  of  war  after 
ward,  was,  in  the  event  of  a  military  post  being 
established  on  the  Sound,  to  secure  the  cooperation 
of  Major  Hathaway  in  arresting  and  punishing  the 
Indians  according  to  law  for  the  murder  of  American 
citizens. 

On  reaching  Vancouver,  about  the  middle  of  June, 
he  found  the  Massachusetts  ready  to  depart,7  and 
Hathaway  encamped  in  the  rear  of  the  Hudson's  Bay 
Company's  fort  with  one  company  of  artillery,  the 
other,  under  Captain  B.  H.  Hill,  having  been  left  at 
Astoria,  quartered  in  the  buildings  erected  by  the 

5  The  transport  Massachusetts  entered  the  Columbia  May  7th,  by  the  sail 
ing  directions  of  Captain  Gelston,  without  difficulty.  Honolulu  Friend,  Xov. 
1,  1849.  This  was  the  first  government  vessel  to  get  safely  into  the  river. 

6 Lane's  liept.  to  the  Sec.  War.,  in 31st  Cong.,  2d  Sess.,  II.  Ex.  Doc.  1,  157. 

7  The  Massachusetts  went  to  Portland,  where  she  was  loaded  with  lumber 
for  the  use  of  the  government  in  California  in  building  army  quarters  at  Beni- 
cia;  the  U.  S.  transport  Anita  was  likewise  employed.  IiiyoU's  llept.,  in  Slat 
Cong.,  2d  Sess.,  H.  Ex.  Doc.  1,  284. 


70  LANE'S  ADMINISTRATION". 

Shark's  crew  in  1846.8  It  was  soon  arranged  between 
Hathaway  and  Lane  that  Hill's  company  should  es 
tablish  a  post  near  Nisqually,  when  the  Indians  would 
be  called  upon  to  surrender  the  murderer  of  Wallace. 
The  troops  were  removed  from  Astoria  about  the  mid 
dle  of  July,  proceeding  by  the  English  vessel  Har- 
pooner  to  Nisqually. 

On  the  13th  of  May  the  governor's  proclamation 
was  issued  dividing  the  territory  into  judicial  districts ; 
the  first  district,  to  which  Bryant,  who  arrived  on  the 
9th  of  April,  was  assigned,  consisting  of  Vancouver 
and  several  counties  immediately  south  of  the  Colum 
bia;  the  second,  consisting  of  the  remaining  counties 
in  the  Willamette  Valley,  to  which  Pratt  was  assigned ; 
and  the  third  the  county  of  Lewis,  or  all  the  country 
north  of  the  Columbia  and  west  of  Vancouver  county, 
including  the  Puget  Sound  territory,  for  which  there 
was  no  judge  then  appointed.9  The  June  election 
gave  Oregon  a  bona  fide  delegate  to  congress,  chosen 
by  the  people,  of  whom  we  shall  know  more  presently. 

When  the  governor  reached  his  capital  he  found 
that  several  commissions,  which  had  been  intended  to 
overtake  him  at  St  Louis  or  Leaven  worth,  but  which 
failed,  had  been  forwarded  by  Lieutenant  Beale  to 
California,  and  thence  to  Oregon  City.  These  related 
to  the  Indian  department,  appointing  as  sub-Indian 
agents  J.  Q.  Thornton,  George  C.  Preston,  and 
Robert  Newell,10  the  Abernethy  delegate  being  re 
warded  at  last  with  this  unjudicial  office  by  a  relenting 
president.  As  Preston  did  not  arrive  with  his  com 
mission,  the  territory  was  divided  into  two  districts, 

8  The  whole  force  consisted  of  161  rank  and  file.     They  were  companies  L 
and  M  of  the  1st  regiment  of  U.  S.  artillery,  and  officered  as  follows:  Major 
J.  S.  Hathaway  commanding;  Captain  B.  H.  Hill,  commanding  company  M; 
1st  lieut.,  J.  B.  Gibson,  1st  lieut.,  T.  Talbot,  2d  lieut.,  G.  Tallmadge,  com 
pany  M;  2d  lieut.,  J.  Dement,  company  L;  2d  lieut.,  J.  J.  Woods,  quarter 
master  and  commissary;  2d  lieut.,  J.  B.  Fry,  adjutant.  Honolulu  Polynesian, 
April  14,  1849. 

9  Evans,  in  New  Tacoma  Ledger,  July  9,  1880. 

10 'American  Almanac,  1850,  108-9;   Or.  Spectator,  Oct.  4,  1849. 


TERRITORIAL  LEGISLATURE.  71 

and  Thornton  assigned  by  the  governor  to  the  north 
of  the  Columbia,  while  Newell  was  given  the  country 
south  of  the  river  as  his  district.  This  arrangement 
sent  Thornton  to  the  disaffected  region  of  Puget 
Sound.  On  the  30th  of  July  he  proceeded  to  Nis- 
qually,  where  he  was  absent  for  several  weeks,  ob 
taining  the  information  which  was  embodied  in  the 
report  of  the  superintendent,  concerning  the  numbers 
and  dispositions  of  the  different  tribes,  furnished  to 
him  by  Tolmie.11  While  on  this  mission,  during 
which  he  visited  some  of  the  Indians  and  made  them 
small  presents,  he  conceived  it  his  duty  to  offer  a 
reward  for  the  apprehension  of  the  principal  actors 
in  the  affair  at  Nisqually,  nearly  equal  to  the  amount 
paid  by  Ogden  for  the  ransom  of  all  the  captives 
after  the  Waiilatpu  massacre,  amounting  to  nearly 
five  hundred  dollars.  This  assumption  of  authority 
roused  the  ire  of  the  governor,  who  probably  ex 
pressed  himself  somewhat  strongly,  for  Thornton  re 
signed,  and  as  Newell  shortly  after  went  to  the  gold 
mines  the  business  of  conciliating  and  punishing  the 
Indians  again  devolved  upon  the  governor. 

On  the  16th  of  July  the  first  territorial  legislative 
assembly  met  at  Oregon  City.  According  to  the  act 
establishing  the  government,  the  legislature  was 
organized  with  nine  councilmen,  of  three  classes, 
whose  terms  should  expire  with  the  first,  second,  and 
third  years  respectively-  and  eighteen  members  of 
the  house  of  representatives,  who  should  serve  for  one 
year;  the  law,  however,  providing  for  an  increase  in 
the  number  of  representatives  from  time  to  time,  in 
proportion  to  the  number  of  qualified  voters,  until  the 
maximum  of  thirty  should  be  reached.12  After  the 

11  Slat  Cong.,  ZdSess.,  H.  Ex.  Doc.  1,  161. 

12  The  names  of  the  councilmen  were:  W.  U.  Buck,  of  Clackamas;  Wilson 
Blain,  of  Tualatin;  Samuel   Parker  and  Wesley  Shannon,  of  Champoeg;  J. 
Graves,  of  Yamhill;  W.  B.  Mealey,  of  Linn;  Nathaniel  Ford,  of  Polk;  Norris 
Humphrey,  of  Ben  ton;  S.  T.  McKean,  of  Clatsop,  Lewis,  and  Vancouver  coun 
ties.     The  members  of  the  house  elected  were:  A.  L.  Lovejoy,  W.  D.  Holman, 


72  LANE'S  ADMINISTRATION. 

usual  congratulations  Lane,  in  his  message  to  the 
legislature,  alluded  briefly  to  the  Cayuses,  who,  he 
promised,  should  be  brought  to  justice  as  soon  as  the 
rifle  regiment  then  on  its  way  should  arrive.  Con 
gress  would  probably  appropriate  money  to  pay  the 
debt,  amounting  to  about  one  hundred  and  ninety 
thousand  dollars.  He  also  spoke  of  the  Wallace 
affair,  and  said  the  murderers  should  be  punished. 

His  suggestions  as  to  the  wants  of  the  territory 
were  practical,  and  related  to  the  advantages  of  good 
roads;  to  a  judicious  system  of  revenues;  to  the  re 
vision  of  the  loose  and  defective  condition  of  the 
statute  laws,  declared  by  the  organic  act  to  be  opera 
tive  in  the  territory;13  to  education  and  common 
schools;  to  the  organization  of  the  militia;  to  election 
matters  and  providing  for  apportioning  the  repre 
sentation  of  counties  and  districts  to  the  council  and 
house  of  representatives,  and  defining  the  qualifica 
tion  of  voters,  with  other  matters  appertaining  to 
government.  He  left  the  question  of  the  seat  of  gov 
ernment  to  their  choice,  to  decide  whether  it  should 
be  fixed  by  them  or  at  some  future  session.  He  re 
ferred  with  pleasure  to  the  return  of  many  absentees 
from  the  mines,  and  hoped  they  would  resume  the 
cultivation  of  their  farms,  which  from  lying  idle 
would  give  the  country  only  a  short  crop,  though 
there  was  still  enough  for  home  consumption.14  He 

and  G.  Walling,  of  Clackamas;  D.  Hill  and  W.  W.  Eng,  of  Tualatin;  W. 
W.  Chapman,  W.  S.  Matlock,  and  John  Grim,  of  Champoeg;  A.  J.  Hem- 
bree,  R.  Kinney,  and  J.  B.  Walling,  of  Yamhill;  Jacob  Conser  and  J.  S. 
Dunlap,  of  Linn;  H.  N.  V.  Holmes  and  S.  Burch,  of  Polk;  J.  Mulkey  and 
G.  B.  Smith,  of  Benton ;  and  M.  T.  Simmons  from  Clatsop,  Lewis,  and  Van 
couver  counties.  Honolulu  Friend,  Nov.  1, 1849;  American  Almanac,  1849,  312. 
The  president  of  the  council  was  Samuel  Parker;  the  clerk,  A.  A.  Robinson; 
sergeant-at-arms,  C.  Davis;  door-keeper,  S.  Kinney;  chaplain,  David  Leslie. 
Speaker  of  tho  house,  A.  L.  Lovejoy;  chief  clerk,  William  Porter;  assistant 
clerk,  E.  Gendis;  sergeant-at-arms,  William  Holmes;  door-keeper,  D.  D.  Bai 
ley;  chaplain,  H.  Johnson.  Honolulu  Friend,  Nov.  1,  1849;  Or.  Spectator,  Oct. 
18,  1849. 

13  Lane's  remarks  on  the  laws  of  the  provisional  government  were  more 
truthful  than  flattering,  considering  what  a  number  had  been  simply  adopted 
from  the  Iowa  code.     Message  in  Or.  Spectator,  Oct.  4,  1849;  31st  Cong.,  1st 
Sess.,  S.  Doc.  52,  xiii.  7-12;  Tribune  Almanac,  1850-51. 

14  Patent  Office  Hept.,  1849,  ii.  511-12. 


ACTS  AND  MEMORIAL.  73 

predicted  that  the  great  migration  to  California  would 
benefit  Oregon,  as  many  of  the  gold-seekers  would  re 
main  on  the  Pacific  coast,  and  look  for  homes  in  the 
fertile  and  lovely  valleys  of  the  new  territory.  And 
last,  but  by  no  means  least  in  importance,  was  the 
reference  to  the  expected  donation  of  land  for  which 
the  people  were  waiting,  and  all  the  more  anxiously 
that  there  was  much  doubt  entertained  of  the  tenure 
by  which  their  claims  were  now  held,  since  the  only 
part  of  the  did  organic  law  repealed  was  that  which 
granted  a  title  to  lands.15  He  advised  them  to  call 
the  attention  of  congress  to  this  subject  without 
delay.  In  short,  if  Lane  had  been  a  pioneer  of  1843 
he  could  not  have  touched  upon  all  the  topics  nearest 
the  public  heart  more  successfully.  Hence  his  imme 
diate  popularity  was  assured,  and  whatever  he  might 
propose  was  likely  to  receive  respectful  consideration. 
The  territorial  act  allowed  the  first  legislative  as 
sembly  one  hundred  days,  at  three  dollars  a  day,  in 
which  to  perform  its  work.  A  memorial  to  congress 
occupied  it  two  weeks;  still,  the  assembly  closed  its 
labors  in  seventy-six  days,16  having  enacted  what  the 
Spectator  described  as  a  "  fair  and  respectable  code  of 
laws,"  and  adopted  one  hundred  acts  of  the  Iowa  stat 
utes.  The  memorial  set  forth  the  loyalty  of  the  peo 
ple,  and  the  natural  advantages  of  the  country,  not 
forgetting  the  oft-repeated  request  that  congress 
would  grant  six  hundred  and  forty  acres  of  land  to 
each  actual  settler,  including  widows  and  orphans; 
and  that  the  donations  should  be  made  to  conform  to 
the  claims  and  improvements  of  the  settlers;  but  if 
congress  decided  to  have  the  lands  surveyed,  and  to 
make  grants  by  subdivisions,  that  the  settler  might  be 
permitted  to  take  his  land  in  subdivisions  as  low  as 
twenty  acres,  so  as  to  include  his  improvements,  with 
out  regard  to  section  or  township  lines.  Jhe  govern- 

15  Or.  Gen.  Laws,  1843-9,  60. 

16  The  final  adjournment  was  on  the  29th  of  September,  a  recess  having 
been  taken  to  attend  to  gathering  the  ripened  wheat  in  August,  there  being 
no  other  hands  to  employ  in  this  labor.  Deady's  Hist.  Or.,  MS.,  3-5. 


74  LANE'S  ADMINISTRATION. 

merit  was  reminded  that  such  a  grant  had  been  long 
expected;  that,  indeed,  congress. was  responsible  for 
the  expectation,  which  had  caused  the  removal  to 
Oregon  of  so  large  a  number  of  people  at  a  great  cost 
to  themselves;  that  they  were  happy  to  have  effected 
by  such  emigration  the  objects  which  the  government 
had  in  view,  and  to  have  been  prospectively  the  pro 
moters  of  the  happiness  of  millions  yet  unborn,  and 
that  a  section  of  land  to  each  would  no  more  than  pay 
them  for  their  trouble.  The  memorial  asked  payment 
for  the  cost  of  the  Cayuse  war,  and  also  for  an  appro 
priation  of  ten  thousand  dollars  to  pay  the  debt  of 
the  late  government,  which,  adopted  as  a  necessity, 
and  weak  and  inefficient  as  it  had  been,  still  sufficed  to 
regulate  society  and  promote  the  growth  of  whole 
some  institutions.17  A  further  appropriation  of  twenty 
thousand  dollars  was  asked  for  the  erection  of  public 
buildings  at  the  seat  of  government  suitable  for  the 
transaction  of  the  public  business,  which  was  no  more 
than  had  been  appropriated  to  the  other  territories 
for  the  same  purpose.  A  sum  sufficient  for  the  erec 
tion  of  a  penitentiary  was  also  wanted,  and  declared 
to  be  as  much  in  the  interest  of  the  United  States 
as  of  the  territory  of  Oregon. 

With  regard  to  the  school  lands,  sections  sixteen 
and  thirty-six,  which  would  fall  upon  the  claims  of 
some  settlers,  it  was  earnestly  recommended  tjiat 
congress  should  pass  a  law  authorizing  the  township 
authorities,  if  the  settlers  so  disturbed  should  desire, 
to  select  other  lands  in  their  places.  At  the  same 
time  congress  was  reminded  that  under  the  distribu 
tion  act,  five  hundred  thousand  acres  of  land  were 
given  to  each  new  state  on  coming  into  the  union; 
and  the  people  of  Oregon  asked  that  the  territory  be 
allowed  to  select  such  lands  immediately  on  the  public 

17  Congress  neVer  paid  this  debt.  In  1862  the  state  legislature  passed  an 
act  constituting  the  secretary  commissioner  of  the  provincial  government 
debt,  and  register  of  the  claims  of  scrip-holders.  A  report  made  in  1864 
shows  that  claims  to  the  amount  of  $4,574.02  only  had  been  proven.  'Many 
were  never  presented. 


JUDICIAL  DISTRICTS.  75 

surveys  being  made,  and  also  that  a  law  be  passed 
authorizing  the  appropriation  of  said  lands  to  the 
support  of  the  common  schools. 

A  military  road  from  some  point  on  the  Columbia 
below  the  cascades  to  •  Puget  Sound  was  asked  for; 
also  one  from  the  sound  to  a  point  on  the  Columbia, 
near  Walla  Walla;18  also  one  from  The  Dalles  to  the 
Willamette  Valley;  also  that  explorations  be  made 
for  a  road  from  Bear  River  to  the  Humboldt,  crossing 
the  Blue  Mountains  north  of  Klamath  Lake,  and 
entering  the  Willamette  Valley  near  Mount  Jefferson 
and  the  Santiam  River.  Other  territorial  and  post 
roads  were  asked  for,  and  an  appropriation  to  make 
improvements  at  the  falls  of  the  Willamette.  The 
usual  official  robbery  under  form  of  the  extinguish 
ment  of  the  Indian  title,  and  their  removal  from  the 
neighborhood  of  the  white  settlements,  was  unblush- 
ingly  urged.  The  propriety  of  making  letters  to 
Oregon  subject  to  the  same  postage  as  letter.8  within 
the  States  was  suggested.  Attention  was  called  to 
the  difficulties  between  American  citizens  and  the 
Puget  Sound  Agricultural  Company  with  regard  to 
the  extent  of  the  company's  claim,  which  was  a  large 
tract  of  country  enclosed  within  undefined  and  imagi 
nary  lines.  They  denied  the  right  of  citizens  of  the 
United  States  to  locate  on  said  lands,  while  the  people 
contended  that  the  company  had  no  right  to  any 
lands  except  such  as  they  actually  occupied  at  the 
time  of  the  Oregon  treaty  of  1846.  The  government 
was  requested  to  purchase  the  lands  rightfully  held 
by  treaty  in  order  to  put  an  end  to  disputes.  The 
memorial  closed  by  coolly  asking  for  a  railroad  and 
telegraph  to  the  Pacific,  though  there  were  not  people 
enough  in  all  Oregon  to  make  a  good-sized  country 
town.19 

This  document  framed,  the  business  of  laying  out 

18  Pierre  C.  Pambrun  and  Cornelius  Rogers  explored  the  Nisqually  Pass  a3 
early  as  1839,  going  from  Fort  Walla  Walla  to  Fort  Nisqually  by  that  route. 
Or.  Spectator,  May  13,  1847. 

19  Or&joti  Archives,  MS.,  176-186;  Slat  Cong.,2d  Sess.,  Sen.  Mis.  Doc.  5,  6. 


76  LANE'S  ADMINISTRATION. 

the  judicial  districts  was  attended  to.  Having  first 
changed  the  names  of  several  counties,20  it  was  decreed 
that  the  first  judicial  district  should  consist  of  Clack- 
amas,  Marion,  and  Linn;  the  second  district  of  Ben- 
ton,  Polk,  Yamhill,  and  Washington ;  and  the  third  of 
Clarke,  Clatsop,  and  Lewis.  The  time  for  holding 
court  was  also  fixed.21 

While  awating  a  donation  law  an  act  was  passed 
declaring  the  late  land  law  in  force,  and  that  any  per 
son  who  had  complied  or  should  thereafter  comply 
with  its  provisions  should  be  deemed  in  possession  to 
every  part  of  the  land  within  his  recorded  boundary, 
not  exceeding  six  hundred  and  forty  acres.  But  the 
same  act  provided  that  no  foreigner  should  be  en 
titled  to  the  benefits  of  the  law,  who  should  not 
have,  within  six  months  thereafter,  filed  his  declara 
tion  of  intention  to  become  a  citizen  of  the  United 
States.22 

The  new  land  law  amended  the  old  to  make  it  con 
form  to  the  territorial  act,  declaring  that  none  but 
white  male  citizens  of  the  United  States,  over  eigh 
teen  years  of  age,  should  be  entitled  to  take  claims 
under  the  act  revived.  The  privilege  of  holding 
claims  during  absence  from  the  territory  by  paying 
five  dollars  annually  was  repealed ;  but  it  was  declared 
not  necessary  to  reside  upon  the  land,  if  the  claimant 
continued  to  improve  it,  provided  the  claimant  should 
not  be  absent  more  than  six  months.  It  was  also  de- 

20  The  first  territorial  legislature  changed  the  name  of  Champoeg  county  to 
Marion;  of  Tualatin  to  Washington,  and  of  Vancouver  to  Clarke.     Or.  Spec 
tator,  Oct.  18th. 

21  As  there  was  yet  no  judge  for  the  third  judicial  district,  and  the  time 
for  holding  the  court  in  Lewis  county  had  been  appointed  for  the  second  Mon 
day  in  May  and  November,  Governor  Lane  prevailed  upon  the  legislature  to 
attach  the  county  of  Lewis  to  the  first  judicial  district  which  was  to  hold 
its  first  session  on  the  first  Monday  in  September^  and  to  appoint  the  first 
Monday  in  October  for  holding  the  district  court  at  Steilacoom  in  the  county 
of  Lewis.     This  change  was  made  in  order  to  bring  the  trial  of  the  Snoqua- 
limichs  in  a  season  of  the  year  when  it  would  be  possible  for  the  court  to  travel 
to  Puget  Sound. 

22 '  During  the  month  of  May  several  hundred  foreigners  were  naturalized.' 
Honolulu  Friend,  Oct.  1,  1849.  There  was  a  doubt  in  the  mind  of  Judge 
Bryant  whether  Hawaiians  could  become  naturalized,  the  law  of  congress  being 
explicit  as  to  negroes  and  Indians,  but  not  mentioning  Sandwich  Islanders. 


SCHOOL  LAW.  77 

clared  that  land  claims  should  descend  to  heirs  at  law 
as  personal  property. 

An  act  was  passed  at  this  session  which  made  it 
unlawful  for  any  negro  or  mulatto  to  come  into  or 
reside  in  the  territory;  that  masters  of  vessels  bring 
ing  them  should  be  held  responsible  for  their  conduct, 
and  they  should  not  be  permitted  to  leave  the  port 
where  the  vessel  was  lying  except  with  the  consent 
of  the  master  of  the  vessel,  who  should  cause  them 
to  depart  with  the  vessel  that  brought  them,  or  some 
other,  within  forty  days  after  the  time  of  their  ar 
rival.  Masters  or  owners  of  vessels  failing  to  observe 
this  law  were  made  subject  to  fine  not  less  than  five 
hundred  dollars,  and  imprisonment.  If  a  negro  or 
mulatto  should  be  found  in  the  territory,  it  became 
the  duty  of  any  judge  to  issue  a  warrant  for  his 
arrest,  and  cause  his  removal ;  and  if  the  same  negro 
or  mulatto  were  twice  found  in  the  territory,  he  should 
be  fined  and  imprisoned  at  the  discretion  of  the  court. 
This  law,  however,  did  not  apply  to  the  negroes  already 
in  the  territory.  The  act  was  ordered  published  in  the 
newspapers  of  California.23 

The  next  most  interesting  action  of  the  legislative 

<3  O 

assembly  was  the  enactment  of  a  school  law,  which 
provided  for  the  establishment  of  a  permanent  irre 
ducible  fund,  the  interest  on  which  should  be  divided 
annually  among  the  districts;  but  as  the  school  lands 
could  not  be  made  immediately  available,  a  tax  of  two 
mills  was  levied  for  the  support  of  common  schools  in 
the  interim.  The  act  in  its  several  chapters  created 
the  offices  of  school  commissioner  and  directors  for  each 
county  and  defined  their  duties;  also  the  duties  of 
teachers.  The  eighth  chapter  relating  to  the  powers 
of  district  meetings  provided  that  until  the  counties 
were  districted  the  people  in  any  neighborhood,  on 
ten  days'  notice,  given  by  any  two  legal  voters,  might 
call  a  meeting  and  organize  a  district;  and  the  district 

23  Or.  Statutes,  1850-51,  181-2,  246-7;  Dix.  Speeches,  i.  309-45,  372, 377-8. 


78  LANE'S  ADMINISTRATION. 

meeting  might  impose  an  ad  valorem  tax  on  all  taxa 
ble  property  in  the  district  for  the  erection  of  school 
houses,  and  to  defray  the  incidental  expenses  of  the 
districts,  and  for  the  support  of  teachers.  All  chil 
dren  between  the  ages  of  four  and  twenty-one  years 
were  entitled  to  the  benefits  of  public  education.24 

It  is  unnecessary  to  the  purposes  of  this  history  to 
follow  the  legislature  of  the  first  territorial  assembly 
further.  No  money  having  been  received25  for  the 
payment  of  the  legislators  or  the  printing  of  the  laws, 
the  legislators  magnanimously  waived  their  right  to 
take  the  remaining  thirty  days  allowed  them,  and  thus 
left  some  work  for  the  next  assembly  to  do.28 

On  the  21st  of  September  the  assembly  was  noti 
fied,  by  a  special  message  from  the  governor,  of  the 
death  of  ex-President  James  K.  Polk,  the  friend  of 
Oregon,  and  the  revered  of  the  western  democracy. 
As  a  personal  friend  of  Lane,  also,  his  death  created  a 
profound  sensation.  The  legislature  after  draping 
both  houses  in  mourning  adjourned  for  a  week.  Pub 
lic  obsequies  were  celebrated,  and  Lane  delivered  a 
highly  eulogistic  address.  Perhaps  the  admirers  of 
Polk's  administration  and  political  principles  were  all 
the  more  earnest  to  do  him  honor  that  his  successor 

24 Says  Buck  in  his  Enterprises,  MS.,  11-12:  'They  had  to  make  the  first 
beginning  in  schools  in  Oregon  City,  and  got  up  the  present  school  law  at  the 
first  session  in  1849.  It  was  drawn  mostly  after  the  Ohio  law,  and  subsequently 
amended. 
1850. 
charter 

Abernethy,  A.  L.  Lovejoy,  James  Taylor,  Hiram  Clark,  G.  H."  Atkinson, 
Hezekiah  Johnson,  and  Wilson  Blain  as  trustees. 

25 Lane's  Rept.  in  31st  Cong.,  2d  SPSS.,  If.  Ex.  Doc.,  i. 

26 One  of  the  members  tells  us  something  about  the  legislators:  'I  have 
heard  some  people  say  that  the  lirst  legislature  was  better  than  any  one  we 
have  had  since.  I  think  it  was  as  good.  It  was  composed  of  more  substan 
tial  men  than  they  have  had  in  since;  men  who  represented  the  people  better. 
The  second  one  was  probably  as  good.  The  third  one  met  in  Salem.  It  is 
my  impression  they  had  deteriorated  a  little;  but  I  would  not  like  to  say  so, 
because  I  was  in  the  first  one.  I  know  there  were  no  such  men  in  it  as  go  to 
the  legislature  now.'  Buck's  Enterprises,  MS.,  11.  'The only  difference  among 
members  was  that  each  one  was  most  partial  to  the  state  from  which  he  had 
emigrated,  and  with  the  operations  of  which  he  was  familiar.  This  difficulty 
proved  a  serious  one,  and  retarded  the  progress  of  business  throughout.'  Or. 
Spectator,  Oct.  18,  1849. 


ACCOMMODATION  COURT.  79 

in  office  was  a  whig,  with  whose  appointments  they 
were  predetermined  not  to  be  pleased.  The  officers 
elected  by  the  legislature  were:  A.  A.  Skinner,  com 
missioner  to  settle  the  Cayuse  war  debt;  Bernard 
Genoise,  territorial  auditor;  James  Taylor,  treasurer; 
Wm.  T.  Matlock,  librarian;  James  McBride,  superin 
tendent  of  schools;  C.  M.  Walker,  prosecuting  attor 
ney  first  judicial  district;  David  Stone,  prosecuting 
attorney  second  judicial  district;  Wilson  Blain,  public 
printer;  A.  L.  Lovejoy  and  W.  W.  Buck,  commission 
ers  to  let  the  printing  of  the  laws  and  journals.  Other 
offices  being  still  vacant,  an  act  was  passed  providing 
for  a  special  election  to  be  held  in  each  of  the  several 
counties  on  the  third  Monday  in  October  for  the 
election  of  probate  judges,  clerks,  sheriffs,  assessors, 
treasurers,  school  commissioners,  and  justices  of  the 
peace. 

As  by  the  territorial  act  the  governor  had  no  veto 
power,  congress  having  reserved  this  right,  there  was 
nothing  for  him  to  do  at  Oregon  City;  and  being 
accustomed  of  late  to  the  stir  and  incident  of  military 
camps  he  longed  for  activity,  and  'employed  his  time 
visiting  the  Indians  on  the  coast,  and  sending  couriers 
to  the  Cayuses,  to  endeavor  to  prevail  upon  them  to 
give  up  the  Waiilatpu  murderers.27  The  legislative 
assembly  having  in  the  mean  time  passed  a  special 
act  to  enable  him  to  bring  to  trial  the  Snoqualimichs, 
and  Thornton's  munificent  offer  of  reward  having 
prompted  the  avaricious  savages  to  give  up  to  Captain 
Hill  at  Steilacoom  certain  of  their  number  to  be  dealt 
with  according  to  the  white  man's  law,  Lane  had  the 
satisfaction  of  seeing,  about  the  last  of  September, 
the  first  district  court,  marshal  and  jurymen,  grand 
and  petit,  on  the  way  to  Puget  Sound,28  where  the 

27 Lane's  Autobiography,  MS.,  55;  31st  Cong.,  1st  Sess.,  Sen.  Doc.  47,  viii. 
pt.  iii.  112. 

28  There  was  a  good  deal  of  feeling  on  the  part  of  the  Hudson's  Bay  Com 
pany  concerning  Lane's  course,  though  according  to  Tolmie's  account,  in 
Truth  Teller,  the  Indians  were  committing  hostilities  against  them  as  well  aa 


80  LANE'S  ADMINISTRATION. 

American  population  was  still  so  small  that  travelling 
courts  were  obliged  to  bring  their  own  juries. 

Judge  Bryant  provided  for  the  decent  administra 
tion  of  justice  by  the  appointment  of  A.  A.  Skinner, 
district  attorney,  for  the  prosecution,  and  David  Stone 
for  the  defence.  The  whole  company  proceeded  by 
canoes  and  horses  to  Steilacoom  carrying  with  them 
their  provisions  and  camping  utensils.  Several  Indians 
had  been  arrested,  but  two  only,  Quallawort,  brother  of 
Patkanim,  head  chief  of  the  Snoqualimichs,  and  Kas- 
sas,  another  Snoqualimich  chief,  were  found  guilty. 
On  the  day  following  their  conviction  they  were 
hanged  in  the  presence  of  the  troops  and  .many  of 
their  own  and  other  tribes,  Bryant  expressing  himself 
satisfied  with  the  finding  of  the  jury,  and  also  with 
the  opinion  that  the  attacking  party  of  Snoqualimichs 
had  designed  to  take  Fort  Nisqually,  in  which  attempt, 
had  they  succeeded,  many  lives  would  have  been  lost.29 
The  cost  of  this  trial  was  $1,899.54,  besides  eighty 
blankets,  the  promised  reward  for  the  arrest  and  de 
livery  of  the  guilty  parties,  which  amounted  to  $480 
more.  Many  of  the  jurymen  were  obliged  to  travel 
two  hundred  miles,  and  the  attorneys  also,  each  of 
whom  received  two  hundred  and  fifty  dollars  for  his 
services.  Notwithstanding  this  expensive  lesson  the 
same  savages  made  away  in  some  mysterious  manner 
with  one  of  the  artillerymen  from  Fort  Steilacoom  the 
following  winter.30 

against  the  Americans.  Roberts  says  that  when  Lane  was  returning  from 
the  Sound  in  June,  he,  Roberts,  being  at  the  Cowlitz  farm,  rode  out  to  meet 
him,  and  answered  his  inquiries  concerning  the  best  way  of  preserving  the 
peace  of  the  country,  then  changing  from  the  old  regime  to  the  new.  '  I  was 
astonished,'  says  Roberts,  'to  hear  him  remark  "Damn  them  !  (the  Indians)  it 
would  do  my  soul  good  to  be  after  them."  This  would  never  have  escaped 
the  lips  of  Dr  McLoughlin  or  Douglas.'  Recollections,  MS.,  15.  There  was 
always  this  rasping  of  the  rude  outspoken  western  sentiment  on  the  feelings 
of  the  studiously  trained  Hudson's  Bay  Company.  But  an  Indian  to  them 
was  a  different  creature  from  the  Indian  toward  whom  the  settlers  were 
hostile.  In  the  one  case  he  was  a  means  of  making  wealth;  in  the  other  of 
destroying  property  and  life.  Could  the  Hudson's  Bay  Company  have  changed 
places  with  the  settlers  they  might  have  changed  feelings  too. 

29 Bryant's  Kept,  to  Gov.  Lane  in  31st  Cong.,  2d  Sess.,  H.  Ex.  Doc.,  i. 
166-7;  Hayes'  Scraps,  22;  Or.  Spectator,  Oct.  18,  1849. 

80  TolmiJs  Puget  Sound,  MS.,  36. 


THE  MOUNTED  RIFLE  REGIMENT.  81 

The  arrest  of  the  Cayuse  murderers  could  not  pro 
ceed  until  the  arrival  of  the  mounted  rifle  regiment 
then  en  route,  under  the  command  of  Brevet-Colonel 
W.  W.  Loring.31  This  regiment  which  was  provided 
expressly  for  service  in  Oregon  and  to  garrison  posts 
upon  the  emigrant  road,  by  authority  of  a  congressional 
act  passed  May  19,  1846,  was  not  raised  till  the  spring 
of  1847,  and  was  then  ordered  to  Mexico,  although 
the  secretary  of  war  in  his  instructions  to  the  gov 
ernor  of  Missouri,  in  which  state  the  regiment  was 
formed,  had  said  that  a  part  if  not  the  whole  of  it 
would  be  employed  in  establishing  posts  on  the  route 
to  Oregon.32  Its  numbers  being  greatly  reduced  dur 
ing  the  Mexican  campaign,  it  was  recruited  at  Fort 
Leaven  worth,  and  at  length  set  out  upon  its  march  to 
the  Columbia  in  the  spring  of  1849.  On  the  10th  of 
May  the  regiment  left  Fort  Leavenworth  with  about 
600  men,  thirty-one  commissioned  officers,  several 
women  and  children,  the  usual  train  agents,  guides, 
and  teamsters,  160  wagons,  1,200  mules,  700  horses, 
and  subsistence  for  the  march  to  the  Pacific.33 

Two  posts  were  established  on  the  way,  one  at  Fort 

31  The  command  was  first  given  to  Frdmont,  who  resigned. 

32  See  letter  of  W.  L.  Marcy,  secretary  of  war,  in  Or.  Spectator,  Nov.  11, 

33  The  officers  were  Bvt.  Lieut.  Col.  A.  Porter,  Col.  Benj.  S.  Roberts,  Bvt. 
Major  C.  F.  Ruff,  Major  George  B.  Crittenden,  Bvt.  Major  J.  S.  Simonson, 
Bvt.  Major  S.  S.  Tucker,  Bvt.  Lieut.  Col.  J.  B.  Backenstos,  Bvt.   Major 
Kearney,  Captains  M.  E.  Van  Buren,  George  McLaue,  Noah  Newton,  Llewellyn 
Jones,  Bvt.  Captain  J.  P.  Hatch,  R.  Ajt.,  Bvt.  Captains  Thos.  Claiborne  Jr., 
Gordon  Granger,  James  Stuart,  and  Thos.  G.  Rhett;  1st  Lieuts  Charles  L. 
Denman,  A.  J.  Lindsay,  Julian  May,  F.  S.  K.  Russell;  2d  Lieuts  D.  M.  Frost, 
R.  Q.  M.,  I.  N.  Palmer,  J.  McL.  Addison,  W.  B.  Lane,  W.  E.  Jones,  George 
AV.  Rowland,  C.  E.  Ervine;  surgeons  I.  Moses,  Charles  H.  Smith,  and  W.  F. 
Edgar.     The  following  were  persons  travelling  with  the  regiment  in  various 
capacities:  George  Gibbs,  deputy  collector  at  Astoria;  Alden  H.  Steele,  who 
settled  in  Oregon  City,  v/here  he  practised  medicine  till  1803,  when  he  became  a 
surgeon  in  the  army,  finally  settling  at  Olympia  in  1868,  where  in  1878  I  met 
him,  and  he  furnished  a  brief  but  pithy  account  in  manuscript  of  the  march 
of  the  Oregon  Mounted  Rifle  Regiment;  W.  Frost,  Prew,  Wilcox,  Leach, 
Bishop,  Kitchen,  Dudley,  and  Raymond.     Present  also  was  J.  D.  Haines,  a 
native  of  Xenia,  Ohio,  born  in  1828.     After  a   residence  in  Portland,  and 
removal  to  Jacksonville,  he  was  elected  to  the  house  of  representatives  from 
Jackson  county  in  1862,  and  from  Baker  county  in  1876,  and  to  the  state  sen 
ate  in  1878.     He  married  in  1871  and  has  several  children.  Salem  Statesman, 
Nov.  15,  1878;  U.  S.  Off.  Reg.,  1849,  160,  167. 

HIST.  OK.,  VOL.  II.    6 


82  LANE'S  ADMINISTRATION. 

Laramie,  with  two  companies,  under  Colonel  Benja 
min  Roberts;  and  another  at  Cantonment  Loring, 
three  miles  above  Fort  Hall,34  on  Snake  River,  with 
an  equab  number  of  men  under  Major  Simonson, 
the  command  being  transferred  soon  after  to  Colonel 
Porter.35  The  report  made  by  the  quartermaster  is 
an  account  of  discomforts  from  rains  which  lasted  to 
the  Rocky  Mountains;  of  a  great  migration  to  the 
California  gold  mines36  where  large  numbers  died  of 
cholera,  which  dread  disease  invaded  the  military 
camps  also  to  some  extent;  of  the  almost  entire  worth- 
lessness  of  the  teamsters  and  men  engaged  at  Fort 
Leavenworth,  who  had  no  knowledge  of  their  duties, 
and  were  anxious  only  to  reach  California;  of  the 
loss  by  death  arid  desertion  of  seventy  of  the  late  re 
cruits  to  the  regiment  ;37  and  of  the  loss  of  property  and 
life  in  no  way  different  from  the  usual  experience  of 
the  annual  emigrations.33 

It  was  designed  to  meet  the  rifle  regiment  at  Fort 
Hall,  with  a  supply  train,  under  Lieutenant  G.  W. 
Hawkins  who  was  ordered  to  that  post,39  but  Hawkins 

34  Cantonment  Loring  was  soon  abandoned,  being  too  far  from  a  base  of 
supplies,  and  forage  being  scarce  in  the  neighborhood.  Brackets  Cavalry, 
120-7;  31st  Cong.,  1st  Sess.,  H.  Ex.  Doc.  5,  pt.  i.  182,.  185-6,  188. 

35Steele  says  that  Simonson  was  arrested  for  some  dereliction  of  duty,  and 
came  to  Vancouver  in  this  situation;  also  that  Major  Crittenden  was  arrested 
on  the  way  for  drunkenness.  Rifle  Regiment,  MS.,  2. 

36  Major  Cross  computed  the  overland  emigration  to  the  Pacific  coast  at 
35,000;  20,000  of  whom  travelled  the  route  by  the  Platte  with  50,000  cattle. 
31st  Cong.,  2d  Sess.,  PI.  Ex.  Doc.  1,  149. 

37  Or.   Spectator,   Oct..  18,  1849;   Weed's  Queen  Charlotte  Island  Exped., 
MS.,  4. 

38  On  reaching  The  Dalles,  the  means  of  transportation  to  Vancouver  was 
found  to  be  '  3  Mackinaw  boats,  1  yawl,  4  canoes,  and  1  whale-boat.'     A  raft 
was  constructed  to  carry  4  or  5  tons,  and  loaded  with  goods  chiefly  private, 
8  men  being  placed  on  board  to  manage  the  craft.     They  attempted  to  run 
the  cascades  and  six  of  them  were  drowned.  Or.  Spectator,  Oct.  18,  1849.     A 
part  of  the  command  with  wagons,  teams,  and  riding  horses  crossed  the  Cas 
cade  Mountains  by  the  Mount  Hood  road,  losing  '  nearly  two  thirds  '  of  the 
broken-down  horses  on  the  way.     The  loss  on  the  journey  amounted  to  45 
wagons,  1  ambulance,  30  horses,  and  295  mules. 

39  Applegate's  Views,  MS.,  49.     There  were  fifteen  freight  wagons  and  a 
herd  of  beef  cattle  in  the  train.     Gen.  Joel  Palmer  acted  as  guide,  the  com 
pany  taking  the  southern  route.     Palmer  went  to  within  a  few  days  of  Fort 
Hall,  where  another  government  train  was  encountered  escorting  the  customs 
officer  of  California,  Gen.  Wilson  and  family,    to  Sacramento.     The  grass 
having  been  eaten  along  the  Humboldt  route  by  the  cattle  of  the  immigration, 


MILITARY  POSTS.  83 

missed  Loring's  command,  he  having  already  left  Fort 
Hall  when  Hawkins  arrived.  As  the  supplies  were 
needed  by  the  companies  at  the  new  post  they  were 
left  there,  in  consequence  of  which  those  destined  to 
Oregon  were  in  want  of  certain  articles,  and  many  of 
the  men  were  barefoot  and  unable  to  walk,  as  their 
horses  were  too  weak  to  carry  them  when  they  ar 
rived  at  The  Dalles. 

On  reaching  their  destination,  and  finding  no  accom 
modations  at  Fort  Vancouver,  the  regiment  was  quar 
tered  in  Oregon  City,  at  a  great  expense,  and  to  the 
disturbance  of  the  peace  and  order  of  that  moral  and 
temperate  community;  the  material  from  which  com 
panies  had  been  recruited  being  below  the  usual  stan 
dard  of  enlisted  men.40 

The  history  of  the  establishment  of  the  Oregon 
military  posts  is  not  without  interest.  Under  orders 
to  take  command  of  the  Pacific  division,  General  Per- 
sifer  F.  Smith  left  Baltimore  the  24th  of  November, 
and  New  Orleans  on  the  18th  of  December  1848,  pro 
ceeding  by  the  isthmus  of  Panama,  and  arriving  on 
the  23d  of  February  following  at  Monterey,  where 
was  Colonel  Mason's  head-quarters.  Smith  remained 
in  California  arranging  the  distribution  of  posts,  and 
the  affairs  of  the  division  generally. 

In  May  Captain  Rufus  Ingalls,  assistant  quarter 
master,  was  directed  by  Major  H.  D.  Vinton,  chief 

Palmer  was  engaged  to  conduct  this  company  by  the  new  route  from  Pit 
River,  opened  the  previous  autumn  by  the  Oregon  gold-seekers.  At  the 
crossing  of  a  stream  flowing  from  the  Sierra,  one  of  the  party  named  Brown 
shot  himself  through  the  arm  by  accident,  and  the  limb  was  amputated  by 
two  surgeons  of  an  emigrant  company.  This  incident  detained  Palmer  in  the 
mountains  several  weeks  at  a  cabin  supposed  to  have  been  built  by  some  of 
Lassen's  party  the  year  before.  '  A  son  of  Gen.  Wilson  and  three  men  re 
mained  with  him  until  the  snow  and  ice  made  it  dangerous  getting  down  to 
the  Sacramento  Valley,  when  Brown  was  left  with  his  attendants  and  Palmer 
went  home  to  Oregon  by  sea.  The  unlucky  invalid,  long  familiarly  known  as 
'one-armed  Brown, 'has  for  many  years  resided  in  Oregon,  and  has  been  con 
nected  with  the  Indian  department  and  other  branches  of  the  public  service. 
Palmer's  Wagon  Train,  MS.,  43-8. 

40  This  is  what  Steele  says,  and  also  that  one  of  them  who  deserted,  named 
Riley,  was  hanged  in  San  Francisco.  Rifle  Regiment,  MS.,  7. 


84  LANE'S  ADMINISTRATION. 

of  the  quartermaster's  department  of  the  Pacific  divis 
ion,  to  proceed  to  Oregon  and  make  preparations  for 
the  establishment  of  posts  in  that  territory.  Taking 
passage  on  the  United  States  transport  Anita,  Cap 
tain  Ingalls  arrived  at  Vancouver  soon  after  Hatha 
way  landed  the  artilleymen  and  stores  at  that  place. 
The  Anita  was  followed  by  the  Walpole  with  two 
years'  supplies;  but  the  vessel  having  been  chartered 
for  Astoria  only,  and  the  stores  landed  at  that  place, 
a  difficulty  arose  as  to  the  means  of  removing  them 
to  Vancouver,  the  transfer  being  accomplished  at 
great  labor  and  expense  in  small  river  craft.  When 
the  quatermaster  began  to  look  about  for  material 
and  men  to  construct  barracks  for  the  troops  already 
in  the  territory  and  those  expected  overland  in  the 
autumn,  he  found  himself  at  a  loss.  Mechanics  and 
laboring  men  were  not  to  be  found  in  Oregon,  and 
Captain  Ingalls  employed  soldiers,  paying  them  a 
dollar  a  day  extra  to  prepare  timber  from  the  woods 
and  raft  lumber  from  the  fur-company's  mill  to  build 
quarters.  But  even  with  the  assistance  of  Chief 
Factor  Ogden  in  procuring  for  him  Indian  labor,  and 
placing  at  his  disposal  horses,  bateaux,  and  sloops,  at 
moderate  charges,  he  was  able  to  make  but  slow 
progress.41  Of  the  buildings  occupied  by  the  artillery 
two  belonged  to  the  fur  company,  having  received 
alterations  to  adapt  them  to  the  purposes  of  bar 
racks  and  mess-rooms,  while  a  few  small  tenements 
also  owned  by  the  company42  were  hired  for  offices 
and  for  servants  of  the  quarter-master's  department. 
It  was  undoubtedly  believed  at  this  time  by  both 

41  Vinton,  in  31st  Cong. ,  2d  Sess. ,  S.  Doc.  1,  pt.  ii.  263.     Congress  passed 
in  September  1850  an  act  appropriating  $325,854  to  meet  the   unexpected 
outlay  occasioned  by  the  rise  in   prices  of  labor  and  army  subsistence  in 
California  and  Oregon,  as  well  as  extra  pay  demanded  by  military  officers. 
See  U.  3.  Acts  and  Res.,  1850,  122-3. 

42  In  the  testimony  taken  in  the  settlement  of  the  Hudson's  Bay  Com 
pany's  claims,  page  186,  U.  S.  Ei\,  H.  B.  Co.  Claims,  Gray  deposed  that  the 
U.  S.  troops  did  not  occupy  the  buildings  of  the  company  but  remained  in 
camp  until  they  had  erected  buildings  for  their  own  use.     This  is  a  misstate- 
ment,  as  the  reports  of  the  quarter-masters  Vinton  and  Ingalls  show,  in  31st 
Cong.,  2d  Sess.,  S.  Doc.  1.,  pt.  ii.  123,  285. 


VANCOUVER  AND  STEILACOOM.  85 

the  Hudson's  Bay  Conipay  and  the  officers  of  the 
United  States  in  Oregon,  that  the  government  would 
soon  purchase  the  possessory  right  of  the  company, 
which  was  a  reason,  in  addition  to  the  eligibility  of 
the  situation,  for  beginning  an  establishment  at  Van 
couver.  This  view  was  entertained  by  both  Vinton43 
and  Ogden.  There  being  at  that  time  no  title  to  land 
in  any  part  of  the  country  except  the  possessory  title 
of  the  fur  company  under  the  treaty  of  184G,  and  the 
mission  lands  under  the  territorial  act,  Vancouver 
was  in  a  safer  condition,  it  might  be  thought,  with 
regard  to  rights,  than  any  other  point;  rights  which 
Hathaway  respected  by  leasing  the  company's  lands 
for  a  military  establishment,  while  the  subject  of 
purchase  by  the  United  States  government  was  in 
abeyance.  And  Ogden,  by  inviting  him  to  take  pos 
session  of  the  lands  claimed  by  the  company,  not  in 
closed,  may  have  believed  this  the  better  manner  of 
preventing  the  encroachments  of  squatters.  At  all 
events,  matters  proceeded  amicably  between  Hatha 
way  and  Ogden  during  the  residence  of  the  former  at 
Vancouver. 

The  same  state  of  tenancy  existed  at  Fort  Steila- 
coom  where  Captain  Hill  established  himself  August 
27th,  on  the  claim  of  the  Puget  Sound  Agricultural 
Company,  at  a  place  formerly  occupied  by  a  farmer 
or  herdsman  of  the  company  named  Heath.44  Tolmie 
pointed  out  this  location,  perhaps  with  the  same  views 
entertained  by  Ogden,  being  more  willing  to  deal  with 
the  officers  of  the  government  than  with  squatters. 

On  the  28th  of  September  General  Smith  arrived 
in  Oregon,  accompanied  by  Vinton,  with  the  purpose 
of  examining  the  country  with  reference  to  the  loca 
tion  of  military  posts ;  Theodore  Talbot  being  ordered 
to  examine  the  coast  south  of  the  Columbia,  looking 

43  Vinton  said  in  his  report:  'It  is  peculiarly  desirable  that  we  should  be 
come  owners  of  their  property  at  Fort  Vancouver.'  31st  Cong.,  2d  Sess.,  8. 
Doc.  1,  pt.  ii.  263. 

u  Sylvester's  Olympia,  MS.,  20;  Morse's  Notes  on  Hist,  and  Resources, 
Wash.  Tcr.,  MS.,  i.  109;  Olympia  Wash.  Standard,  April  11,  1868. 


86  LANE'S  ADMINISTRATION. 

for  harbors  and  suitable  places  for  light-houses  and 
defences.45  The  result  of  these  examinations  was  the 
approval  of  the  selections  of  Vancouver  and  Steila- 
coom.  Of  the  "acquisition  of  the  rights  and  prop 
erty  reserved,  and  guaranteed  by  the  terms  of  the 
treaty,"  Smith  spoke  with  the  utmost  respect  for  the 
claims  of  the  companies,  saying  they  were  specially 
confirmed  by  the  treaty,  and  that  the  public  interest  de 
manded  that  the  government  should  purchase  them;46 
a  sentiment  which  the  reader  is  aware  was  not  in 
accord  with  the  ideas  of  a  large  class  in  Oregon. 

It  had  been  contemplated  establishing  a  post  on 
the  upper  Willamette  for  the  protection  of  companies 
travelling  to  California,  but  the  danger  that  every 
soldier  would  desert,  if  placed  directly  on  the  road  to 
the  gold  mines,  caused  Smith  to  abandon  that  idea. 
He  made  arrangements,  instead,  for  Hathaway's  com 
mand  to  remove  to  Astoria  as  early  in  the  spring  as 
the  men  could  work  in  the  forest,  cutting  timber  for 
the  erection  of  the  required  buildings,  and  for  station 
ing  the  riflemen  at  Vancouver  and  The  Dalles,  as  well 
as  recommending  the  abandonment  of  Fort  Hall,  or 
Cantonment  Loring,  owing  to  the  climate  and  unpro 
ductive  nature  of  the  soil,  and  the  fact  that  immi 
grants  were  taking  a  more  southerly  route  than 
formerly.  Smith  seemed  to  have  the  welfare  of  the 
territory  at  heart,  and  recommended  to  the  govern 
ment  many  things  which  the  people  desired,  among 
others  fortifications  at  the  mouth  of  the  Columbia,  in 
preparation  for  which  he  marked  off  reservations  at 
Cape  Disappointment  and  Point  Adams.  He  also 
suggested  the  survey  of  the  Rogue,  Umpqua,  Alseya, 
Yaquina,  and  Siletz  rivers,  and  Shoalwater  Bay;  and 
the  erection  of  light-houses  at  Cape  Disappointment, 
Cape  Flattery,  and  Protection  Island,  representing 
that  it  was  a  military  as  well  as  commercial  necessity, 


Cong.,  1st  Sess.,  S.  Doc.  47,  viii.  108-16;  Rep.  Com.  Ind.  A/.,  1S65, 
107-9. 

46  31st  Cong.  1st  Sess.,  S.  Doc.  47,  viii.  104. 


DESERTION  OF  TROOPS.  87 

the  safety  of  troops  and  stores  which  must  usually 
be  transported  by  sea  requiring  these  guides  to  navi 
gation.  He  recommended  the  survey  of  a  railroad  to 
the  Pacific,  or  at  least  of  a  wagon-road,  and  that  it 
should  cross  the  Rocky  Mountains  about  latitude  38°, 
deflect  to  the  Humboldt  Valley,  and  follow  that  direc 
tion  until  it  should  send  off  a  branch  to  Oregon  by 
way  of  the  Willamette  Valley,  and  another  by  way  of 
the  Sacramento  Valley  to  the  bay  of  San  Francisco.47 

Before  the  plans  of  General  Smith  for  the  distribu 
tion  of  troops  could  be  carried  out,  one  hundred  and 
twenty  of  the  riflemen  deserted  in  a  body,  with  the 
intention  of  going  to  the  mines  in  California.  Gov 
ernor  Lane  immediately  issued  a  proclamation  for 
bidding  the  citizens  to  harbor  or  in  any  way  assist  the 
runaways,  which  caused  much  uneasiness,  as  it  was 
said  the  people  along  their  route  were  placed  in  a 
serious  dilemma,  for  if  they  did  not  sell  them  provi 
sions  they  would  be  robbed,  and  if  they  did,  they 
would  be  punished.  The  deserters,  however,  having 
organized  with  a  full  complement  of  officers,  travelled 
faster  than  the  proclamation,  and  conducted  them 
selves  in  so  discreet  a  manner  as  to  escape  suspicion, 
imposing  themselves  upon  the  farmers  as  a  company 
sent  out  on  an  expedition  by  the  government,  getting 
beef  cattle  on  credit,  and  receiving  willing  aid  instead 
of  having  to  resort  to  force.48 

47  Before  leaving  California  Smith  had  ordered  an  exploration  of  the  coun 
try  on  the  southern  boundary  of  Oregon  for  a  practicable  emigrant  and  mili 
tary  road,  and  also  for  a  railroad  pass  about  that  latitude,  detailing  Captain 
W.  H.  Warner  of  the  topographical  engineers,  with  an  escort  of  the  second 
infantry  under  Lieutenant- Colonel  Casey.  They  left  Sacramento  in  August, 
and  examined  the  country  for  several  weeks  to  the  east  of  the  head-waters  of 
the  Sacramento,  coming  upon  a  pass  in  the  Sierra  Nevada  with  an  elevation 
of  not  more  than  38  feet  to  the  mile.  Warner  explored  the  country  east  and 
north  of  Goose  Lake,  but  in  returning  through  the  mountains  by  another 
route  was  killed  by  the  Indians  before  completing  his  work.  His  name 
was  given  to  a  mountain  range  from  this  circumstance.  Francis  Bercier,  the 
guide,  and  George  Cave  were  also  killed.  Lieut.  R.  S.  Williamson  of  the 
expedition  made  a  report  in  favor  of  the  Pit  River  route.  See  31st  Cong.,  1st 
Sess.,  Sen.  Doc.  2,  17-22,  47. 

"Stele's  Rifle  Regiment,  MS.,  7;  Brackets  U.  S.  Cavalry,  127;  Or.  Spec 
tator,  May  2,  1850. 


88  LANE'S  ADMINISTRATION. 

But  their  success, like  their  organization,  was  of  brief 
duration.  Colonel  Loring  and  the  governor  went  in 
pursuit  and  overtook  one  division  in  the  Umpqua 
valley,  whence  Lane  returned  to  Oregon  City  about 
the  middle  of  April  with  seventy  of  them  in  charge. 
Loring  pursued  the  remainder  as  far  as  the  Klamath 
River,  where  thirty-five  escaped  by  making  a  canoe 
and  crossing  that  stream  before  they  were  overtaken. 
He  returned  two  weeks  after  Lane,  with  only  seven 
teen  of  the  deserters,  having  suffered  much  hardship 
in  the  pursuit.  He  found  the  fugitives  in  a  miserable 
plight,  the  snow  on  the  Cascade  Mountains  being  still 
deep,  and  their  supplies  entirely  inadequate  to  such 
an  expedition,  for  which  reason  some  had  already 
started  on  their  return.  Indeed,  it  was  rumored  that 
several  of  those  not  accounted  for  had  already  died 
of  starvation.49  How  many  lived  to  reach  the  mines 
was  never  known. 

Great  discontent  prevailed  among  all  the  troops, 
many  of  whom  had  probably  enlisted  with  no  other 
intention  than  of  deserting  when  they  reached  the 
Pacific  coast.  Several  civil  suits  were  brought  by 
them  in  the  district  court  attempting  to  prove  that 
they  had  been  enlisted  under  false  promises,  which 
were  decided  against  them  by  Judge  Pratt,  vice  Bry 
ant,  who  was  absent  from  the  territory  when  the  suits 

K.n 

came  on. 

Later  in  the  spring  Hathaway  removed  his  artillery 
company  to  Astoria,  and  went  into  encampment  at 
Fort  George,  the  place  being  no  longer  occupied  by 
the  fur  company.  A  reserve  was  declared  of  certain 
lands  covered  by  the  improvements  of  settlers,  among 
whom  were  Shively,  McClure,  Hensill,  Ingalls,  and 
Marlin,  for  which  a  price  was  agreed  upon  or  allowed.51 

49  Or.  Spectator,  April  18,  1850. 

50  See  case  of  John  Curtin  vs.  James  S.  Hathaway,  Pratt,  Justice,  in  Or. 
Spectator,  April  18,  1850. 

51  Ingalls  remarked  concerning  this  purchase:   'I  do  not  believe  that  any 
of  them  had  the  slightest  right  to  a  foot  of  the  soil,  consequently  no  right  to 
have  erected  improvements  there.'    Whether  he  meant  to  say  that  110  one 


GOVERNMENT  RESERVATIONS.  89 

Here  the  troops  had  a  free  and  easy  life,  seeing 
much  of  the  gold  hunters  as  they  went  and  came  in 
the  numerous  vessels  trading  between  San  Fran 
cisco  and  the  Columbia  River,  and  much  too  of  the 
most  degraded  population  in  Oregon,  both  Indian  and 
white.  A  more  ill-selected  point  for  troops,  even  for 
artillery,  could  not  have  been  hit  upon,  except  in  the 
event  of  an  invasion  by  a  foreign  power,  in  which  case 
they  were  still  too  far  inside  the  capes  to  prevent  the 
enemy's  vessels  from  entering  the  river.  They  were 
so  far  from  the  real  enemy  dreaded  by  the  people  it 
was  intended  they  should  defend — the  interior  tribes 
of  Indians — that  much  time  and  money  would  be 
required  to  bring  them  where  they  could  be  of  service 
in  case  of  an  outbreak,  and  after  two  years  the  place 
was  abandoned. 

The  mounted  riflemen,  being  transferred  to  Van 
couver,  whither  the  citizens  of  the  Willamette  saw 
them  depart  with  a  deep  sense  of  satisfaction,52  cele 
brated  their  removal  by  burning  their  old  quarters.53 
At  their  new  station  they  were  employed  in  building 
barracks  on  the  ground  afterward  adopted  as  a  mili 
tary  reservation  by  the  government. 

The  first  reservation  declared  was  that  of  Miller 
Island,  lying  in  the  Columbia54  about  five  miles  above 
Vancouver.  It  contained  about  four  square  miles,  and 
was  used  for  haymaking  and  grazing  purposes,  in  con 
nection  with  the  post  at  that  place.  This  reserve  was 
made  in  February  1850.  No  reservation  was  declared 

had  a  right  to  build  houses  in  Oregon  except  military  officers,  or  that  the 
ground  belonged  to  the  Hudson's  Bay  Company,  I  am  unable  to  determine 
from  the  record.  See  32d  Cong.,  2d  Sets.,  H.  Ex.  Doc.  1,  i.  pt.  ii.  123. 

62  Says  the  Spectator,  Nov.  1,  1849,  'the  abounding  drunkenness  in  our 
streets  is  something  new  under  the  sun, 'and  suggests  that  the  officers  do 
something  to  abate  the  evil.  But  the  officers  were  seldom  sober  themselves, 
Hathaway  even  attempting  suicide  while  suffering  from  mania  a  potu.  Id., 
April  18,  1850. 

53 Xtrontfs Hist.  Or.,  MS.,  3. 

54  Much  trouble  had  been  experienced  in  procuring  grain  for  the  horses  of  the 
mounted  troops;  only  6,000  bushels  of  oats  being  obtainable,  and  100  tons  of  hay, 
owing  to  the  neglect  of  farming  this  year.  It  was  only  by  putting  the  sol 
diers  to  haymaking  on  the  lowlands  of  the  Columbia  that  the  stock  of  the 
regiment  was  provided  for;  hence,  110  doubt,  the  reservation  of  Miller  Island. 


90  LANE'S  ADMINISTRATION. 

at  Vancouver  till  October  31st  of  that  year,  or  until 
it  was  ascertained  that  the  government  was  not  pre 
pared  to  purchase  without  examining  the  claims  of 
the  Hudson's  Bay  Company.  On  the  date  mentioned 
Colonel  Loring,  in  command  of  the  department,  pub 
lished  a  notice  that  a  military  reservation  had  been 
made  for  the  government  of  four  miles  square,  "  com 
mencing  where  a  meridian  line  two  miles  west  from 
the  flag-staff  at  the  military  post  near  Vancouver,  O. 
T.,  strikes  the  north  bank  of  the  Columbia  River, 
thence  due  north  on  said  meridian  four  miles,  thence 
due  east  four  miles,  thence  south  to  the  bank  of  the 
Columbia  River,  thence  down  said  bank  to  the  place 
of  beginning."55  The  notice  declared  that  the  reserve 
was  made  subject  alone  to  the  lawful  claims  of  the 
Hudson's  Bay  Company,  as  guaranteed  under  the 
treaty  of  1846,  but  promised  payments  for  improve 
ments  made  by  resident  settlers  within  the  described 
limits,  a  board  of  officers  to  appraise  the  property. 

This  large  reserve  was,  as  I  have  before  indicated, 
favorable  to  the  British  company's  claims,  as  the  only 
American  squatter  on  the  land  was  Amos  M.  Short, 
the  history  of  whose  settlement  at  Vancouver  is  given 
in  the  first  volume  of  my  History  of  Oregon.  Short 
took  no  notice  of  the  declaration  of  reserve,56  think 
ing  perhaps,  and  with  a  show  of  justice,  that  in  this 
case  he  was  trespassed  upon,  inasmuch  as  there  was 
plenty  of  land  for  government  reservations,  which  did 
not  include  improvements,  or  deprive  a  citizen  of  his 
choice  of  a  home.  He  remained  upon  the  land,  con 
tinuing  to  improve  it,  until  in  1853  the  government 
restricted  the  military  reservations  to  one  mile  square, 
which  left  him  outside  the  limits  of  this  one. 


65  Or.  Spectator,  Oct.  31,  1850;  32d  Cong.,  2d  Sess.,  H.  Ex.  Doc.  1,  pt. 
ii.  124. 

56Short  had  shot  and  killed  Dr  D.  Gardner,  and  a  Hawaiian  in  his  service, 
for  trespass,  in  the  spring  of  1850.  He  was  examined  and  acquitted,  of  all  of 
which  Colonel  Loring  must  have  been  aware.  Or.  Spectator,  April  18,  1850; 
Id.,  May  2,  1850.  He  was  himself  regarded  as  a  trespasser  by  the  fur  com 
pany.  U.  S.  Ev.  Hudson's  Bay  Company  Claims,  90. 


AT  THE  DALLES.  91 

The  probate  court  of  Clarke  county  made  an  appli 
cation  for  an  injunction  against  Loring  and  Ingalls  at 
the  first  term  of  the  United  States  district  court  held 
at  Vancouver,  beginning  the  29th  of  October  1850,  to 
stop  the  further  erection  of  buildings  for  military  pur 
poses  on  land  that  was  claimed  as  the  county  seat. 
The  attorney  for  the  United  States  denied  that  the 
legislative  assembly  had  the  power  to  give  lands  for 
county  seats,  did  the  territorial  act  permit  it,  or  that 
the  land  could  be  taken  before  it  was  surveyed;  and 
declared  that  the  premises  were  reserved  by  order  of 
the  war  department,  which  none  might  gainsay.57 
The  court  sustained  the  opinion.  At  a  later  period  a 
legal  contest  arose  between  the  heirs  of  A.  M.  Short 
and  the  Catholic  missionaries.  The  military  reserva 
tion/  however,  of  one  mile  square,  remains  to-day  the 
same  as  in  1853. 

On  the  13th  of  May  Major  Tucker  left  Vancouver 
with  two  companies  of  riflemen  to  establish  a  supply 
post  at  The  Dalles.53  The  officers  detached  for  that 
station  were  Captain  Claiborne,  Lieutenants  Lindsay, 
May,  and  Ervine,  and  Surgeon  C.  H.  Smith.  A 
reservation  of  ten  miles  square  was  made  at  this 
place,  and  the  troops  employed  in  erecting  suitable 
store-houses  and  garrison  accommodations  to  make 
this  the  head-quarters  for  the  Indian  country  in  the 
event  of  hostilities.  Both  the  Protestant  and  Cath 
olic  missions  were  found  to  be  abandoned,59  though 
the  claims  of  both  were  subsequently  revived,  which 
together  with  the  claim  of  the  county  seat  of  Wasco 
county  occasioned  lengthy  litigation.  The  military 
reservation  became  a  fourth  factor  in  an  imbroglio  out 
of  which  the  Methodist  missionary  society,  through 

67  The  solicitor  for  the  complanants  in  this  case  was  W.  W.  Chapman;  the 
attorney  for  the  U.  S.,  Amory  Holbrook.  The  decision  was  rendered  by 
Judge  William  Strong  in  favor  of  the  defendants.  Or.  Spectator,  Nov.  7,  1850. 

** Steel's  Rifle  Regiment,  MS.,  5;  CardweWs  Emigrant  Company,  MS.,  2; 
Coke's  Ride,  313;  31st  Cong.,  M  Sess.,  If.  Ex.  Doc.  1,  pt.  ii.  123. 

™Deadtfs  Hist.  Or.,  MS.,  6. 


92  LANE'S  ADMINISTRATION. 

its  agents  in  Oregon  and  in  Washington,  continued  to 
extort  money  from  the  government  and  individuals 
for  many  years.  Of  The  Dalles  claim,  as  a  case  in 
chancery,  I  shall  speak  further  on  in  my  work. 

As  if  Astoria,  Vancouver,  and  The  Dalles  were  not 
enough  of  Oregon's  eligible  town  sites  to  condemn  for 
military  purposes,  Loring  declared  another  reservation 
in  the  spring  of  1850  upon  the  land  claims  of  Meek 
and  Luelling  at  Milwaukie,  for  the  site  of  an  arsenal. 
This  land  was  devoted  to  the  raising  of  fruit  trees, 
a  most  important  industry  in  a  new  country,  and  one 
which  was  progressing  well.  The  appropriation  of 
property  which  the  claimants  felt  the  government 
was  pledged  to  confirm  to  them  if  they  desired,  was 
an  encroachment  upon  the  rights  of  the  founders  of 
American  Oregon  which  they  were  quick  to  resent, 
and  for  which  the  Oregon  delegate  in  congress  was 
instructed  to  find  a  remedy.  And  he  did  find  a 
remedy.  The  complainants  held  that  they  preferred 
fighting*  their  own  Indian  wars  to  submitting  to  mill- 

o  o  o 

tary  usurption,  and  the  government  might  withdraw 
the  rifle  regiment  at  its  earliest  convenience.  All  of 
which  was  a  sad  ending  of  the  long  prayer  for  the 
military  protection  of  the  parent  government. 

And  all  the  while  the  Cay  use  murderers  went  un 
punished.  Lane  was  enough  of  a  military  man  to 
understand  the  delays  incident  to  the  circumstances 
under  which  Loring  found  himself  in  a  new  country 
with  undisciplined  and  deserting  troops,  but  he  was 
also  possessed  of  the  fire  and  energy  of  half  a  dozen 
regular  army  colonels.  But  before  he  had  received 
any  assistance  in  procuring  the  arrest  of  the  Indians, 
he  had  unofficial  information  of  his  removal  by  the 
whig  administration,  which  succeeded  the  one  by 
which  he  was  appointed. 

This  change,  though  eagerly  seized  upon  by  some 
as  a  means  of  gaining  places  for  themselves  and  secur 
ing  the  control  of  public  affairs,  was  not  by  any  means 


INDIAN  AGENT.  93 

agreeable  to  the  majority  of  the  Oregon  people.  No 
sooner  had  the  news  been  received  than  a  meeting 
was  held  in  Yamhill  precinct  for  the  purpose  of  ex 
pressing  regret  at  the  removal  of  General  Lane  from 
the  office  of  governor.60  The  manner  in  which  Lane 
had  discharged  his  duties  as  Indian  agent,  as  well  as 
executive,  had  won  for  him  the  confidence  of  the  peo 
ple,  with  whom  the  dash,  energy,  and  democratic 
frankness  of  his  character  were  a  power  and  a  charm. 
There  was  nothing  that  was  of  importance  to  anv  in 
dividual  of  the  community  too  insignificant  for  his 
attention;  and  whether  the  interest  he  exhibited  was 
genuine,  whether  it  was  the  suavity  of  the  politician, 
or  the  irrepressible  activity  of  a  true  nature,  it  was 
equally  effective  to  make  him  popular  with  all  but 
the  conservative  element  to  be  found  in  any  commu 
nity,  and  which  was  represented  principally  in  Oregon 
by  the  Protestant  religious  societies.  Lane  being  a 
Catholic  could  not  be  expected  to  represent  them.61 
As  no  official  notice  of  his  removal  had  been  re 
ceived,  Governor  Lane  proceeded  actively  to  carry 
into  execution  his  plans  concerning  the  suppression 
of  Indian  hostilities,  which  were  interrupted  tem 
porarily  by  the  pursuit  of  the  deserting  riflemen. 
During  his  absence  on  this  self-imposed  duty  a  diffi 
culty  occurred  with  the  Chinooks  at  the  mouth  of  the 
Columbia,  in  which,  in  the  absence  of  established 
courts  in  that  district,  the  military  authorities  were 
called  upon  to  act.  It  grew  out  of  the  murder  of  Will 
iam  Stevens,  one  of  four  passengers  lost  from  the  brig 
Forrest  while  crossing  the  bar  of  the  Columbia.  Three 
of  the  men  were  drowned.  Stevens  escaped  alive  but 

60 The  principal  movers  in  this  demonstration  were:  Matthew  P.  Deady,  J. 
McBride,  A.  S.  Watt,  J.  Walling  A.  J.  Hembree,  S.  M.  Gilmore,  and  N.  M. 
Oeighton.  Or.  Sijectator,  March  7,  1850. 

61  It  is  told  to  me  by  the  person  in  whose  interest  it  was  done,  that  Lane, 
while  governor,  permitted  himself  to  be  chosen  arbitrator  in  a  land- jumping 
case,  and  rode  a  long  distance  in  the  rain,  having  to  cross  swollen  streams  on 
horseback,  to  help  a  woman  whose  husband  was  absent  in  the  mines  to  resist 
the  attempt  of  an  unprincipled  tenant  to  hold  the  claim  of  her  husband.  His 
influence  was  sufficient  with  the  jury  to  get  the  obnoxious  tenant  removed. 


94  LANE'S  ADMINISTRATION. 

exhausted  to  the  shore,  where  the  Chinooks  murdered 
him.  Jones,  of  the  rifles,  who  was  at  Astoria  with 
a  small  company,  hearing  of  it  wrote  to  the  governor 
and  his  colonel,  saying  that  if  he  had  men  enough 
he  would  take  the  matter  in  hand  at  once;  but  that 
the  Indians  were  excited  over  the  arrest  of  one  of 
the  murderers,  and  he  feared  to  make  matters  worse 
by  attempting  without  a  sufficient  force  to  apprehend 
all  the  guilty  Indians.  On  receiving  the  information, 
Secretary  Pritchett  called  for  aid  on  Hathaway,  who 
sent  a  company  to  Astoria  to  make  the  arrest  of  all 
persons  suspected  of  being  concerned  in  the  murder;62 
but  by  this  time  the  criminals  had  escaped. 

Negotiations  had  been  in  progress  ever  since  the 
arrival  of  Lane  for  the  voluntary  delivery  of  the  guilty 
Cayuses  by  their  tribe,  it  being  shown  them  that  the 
only  means  by  which  peace  and  friendship  could  ever 
be  restored  to  their  people,  or  they  be  permitted  to 
occupy  their  lands  and  treat  with  the  United  States 
government,  was  the  delivery  of  the  Whitman  mur 
derers  to  the  authorities  of  Oregon  for  trial.63  At 
length  word  was  received  that  the  guilty  members  of 
the  tribe,  who  were  not  already  dead,  would  be  sur 
rendered  at  The  Dalles.  Lane  went  in  person  to 
receive  them,  escorted  by  Lieutenant  Addison  with  a 
guard  of  ten  men.  Five  of  the  murderers,  Tiloukaikt, 
Tamahas,  Klokamas,  Isaiachalakis,  and  Kiamasu nip- 
kin,  were  found  to  be  there  with  others  of  their  people. 
They  consented  to  go  to  Oregon  City  to  be  tried,  offer 
ing  fifty  horses  for  their  successful  defence.64 

The  journey  of  the  prisoners,  who  took  leave  of 
their  friends  with  marked  emotion,  was  not  without 
interest  to  their  escort,  who,  anxious  to  understand  the 

62  Or.  Spectator,  March  21,  and  April  4,  1850. 

63  Lane's  Autobiography,  MS.,  56. 

64  Blanchet  asserts  that  the  Cayuses  consented  only  to  come  down  and 
have  a  talk  with  the  white  authorities,  and  denies  that  they  were  the  actual 
criminals,  who  he  says  were  all  dead,  having  been  killed  by  the  volunteers. 
Catfi.  Ch.  in  Or.,  180.     There  appears  to  be  nothing  to  justify  such  a  state 
ment,  except  that  the  murderers  submitted  to  receive  the  consolations  of  the 
church  in  their  last  moments. 


THE  CAYUSE  MUKDERE 

motives  which  had  actuated  the  Indians  in  Surrender 
ing  themselves,  plied  them  with  questions  at  every 
opportunity.  Tiloukaikt  answered  with  a  singular 
mingling  of  savage  pride  and  Christian  humility. 
When  offered  food  by  the  guard  from  their  own  mess 
he  regarded  it  with  scorn.  "What  hearts  have  you," 
he  demanded,  "to  offer  to  eat  with  me,  whose  hands 
are  red  with  your  brother's  blood?"  When  asked 
why  he  gave  himself  up,  he  replied:  "Did  not  your 
missionaries  teach  us  that  Christ  died  to  save  his 
people?  So  die  we  to  save  our  people." 

This  apparent  magnanimity  produced  a  deep  impres 
sion  on  some  minds,  who,  not  well  versed  in  Indian  or 
in  any  human  character,  could  not  divest  themselves 
of  awe  in  the  presence  of  such  evidences  of  moral 
greatness  as  these  mocking  answers  evinced. 

The  facts  are  these:  The  Cayuses,  weary  of  wan 
dering,  with  the  prospect  before  them  of  another  war 
with  white  men,  had  prevailed  upon  those  who  among 
themselves  had  done  most  to  bring  so  much  wretched 
ness  upon  them,  to  risk  their  lives  in  restoring  them 
to  their  former  peace  and  prosperity.  Doubtless  the 
representations  which  had  been  made,  that  they  would 
be  defended  by  white  counsel,  had  had  its  influence  in 
inducing  them  to  take  the  risk.  At  all  events  it  was 
a  case  requiring  a  desperate  remedy.  They  were  not 
ignorant  that  between  twenty  and  thirty  thousand 
Americans,  chiefly  men,  and  several  government  expe 
ditions  had  traversed  the  road  to  the  Pacific  the  year 
previous ;  nor  that  their  attempt  to  expel  the  few  white 
people  from  the  Walla  Walla  valley  had  been  an  igno 
minious  failure.  There  was  scarcely  a  chance  that 
white  men's  laws  would  acquit  them;  but  on  the  other 
hand  there  was  the  apparent  certainty  that  unless  the 
few  gave  up  their  lives,  all  must  perish.  Could  a  chief 
face  his  people  whom  he  had  ruined  without  an  effort 
to  save  them  ?  All  that  was  courageous  or  manly  in 
the  savage  breast  was  roused  by  the  emergency;  and 
who  shall  say  that  this  pride,  which  doggedly  accepted 


96  LANE'S  ADMINISTRATION. 

a  terrible  alternative,  did  not  make  a  moral  hero,  or 
present  an  example  equivalent  to  the  average  Chris 
tian  self-sacrifice? 

The  trial  was  set  for  the  22d  of  May.  The  pris 
oners  in  the  mean  time  were  confined  on  Abernethy 
Island,  in  the  midst  of  the  falls,  the  bridge  connect 
ing  it  with  the  mainland  being  guarded  by  Lieutenant 
Lane,  of  the  rifles,  who  was  assigned  to  that  duty.65 
The  prosecution  was  conducted  by  Amory  Holbrook, 
district  attorney,  who  had  arrived  in  the  territory 
in  March  previous,  and  the  defence  by  Secretary 
Pritchett,  R.  B.  Reynolds,  of  Tennessee,  paymaster 
of  the  rifle  regiment,  and  Captain  Claiborne,  also  of 
the  rifles,  whom  Judge  Pratt  assigned  to  this  duty; 
and  whether  from  a  sense  of  justice,  or  from  a  desire 
to  win  the  fifty  horses  offered,  the  trio  made  a  vigor 
ous  effort  to  clear  their  clients. 

The  plea  first  set  up  was  that  the  United  States, 
at  the  time  the  massacre  was  committed,  possessed 
no  jurisdiction  over  Oregon.  This  was  overruled  by 
showing  that  an  act  of  congress  had  been  passed  in 
1844,  which  declared  all  the  Indian  territory  west  of 
the  Mississippi  subject  to  the  laws  regulating  inter 
course  with  the  Indians,  and  that  the  territorial  act 
of  1848  gave  jurisdiction  to  the  district  courts  to  take 
cognizance  of  the  crimes  of  which  the  prisoners  were 
accused.  Counsel  for  the  defence  then  pleaded  not 
guilty  to  three  indictments  for  murder,  brought  to 
show  the  killing  of  Dr  Whitman,  Mrs  Whitman,  and 
Mr  Saunders,  and  attempted  to  procure  a  change  of 
venue  to  Clarke  county,  on  the  ground  of  the  excited 
state  of  the  public  mind  in  Clackamas.  This  petition 
was  also  overruled. 

On  the  second  day  a  continuance  of  the  case 
was  asked  for  on  an  insufficient  affidavit,  and  denied. 
Much  difficulty  was  experienced  in  securing  a  jury, 
twenty  persons  being  challenged.  At  length  the  trial 
proceeded.  When  the  women  who  had  witnessed  the 

•3  Lam's  Autobiography,  MS.,  139. 


THE  TRIAL.  97 

butchery  of  their  husbands,  sons,  fathers,  and  brothers 
were  put  upon  the  stand  to  identify  the  murderers, 
the  feeling  was  intense;  and  was  heightened  by  the 
evident  sympathy  for  the  prisoners  of  certain  persons 
who  had  come  in  with  the  new  order  of  things,  and 
who  thought  it  more  shocking  to  convict  the  Indians 
than  that  they  should  have  committed  the  crimes  for 
which  they  wrere  being  tried.  The  witnesses  for  the 
defence  were  few.  Sticcas  testified  to  having  given 
Whitman  a  warning  similar  to  that  which  he  gave 
Spalding,  but  which  he  had  no  time  to  take.  Spald- 
ing  told  his  story  of  the  warning  received  by  him. 
Dr  McLoughlin  was  called  upon  to  say  that  he  had 
counselled  Whitman  to  remove  to  the  Willamette  as 
early  as  1840  or  1841;  and  Osborne,  after  having  been 
a  witness  for  the  prosecution,  was  made  to  state  that 
he  knew  Whitman  to  be  anxious  about  his  situation 
among  the  Cayuses.  But  all  this  did  not  change  the 
nature  of  the  crimes  committed,  rather  confirming  the 
theory  of  premeditated  guilt  than  helping  the  case  of 
the  criminals. 

The  solemnity  and  quiet  of  religious  services  char 
acterized  the  trial,  at  which  between  two  and  three 
hundred  persons  were  present.  At  its  close,  when  the 
jury  had  returned  the  verdict  of  guilty,  there  was  no 
unseemly  approval;  only  a  long  drawn  sigh  of  relief 
that  the  dreadful  business  was  approaching  the  close. 

Attending  this  episode  were  the  usual  hypocrisies 
of  society.  It  was  predetermined  by  the  people  that 
these  Indians  should  die.  For  myself  I  think  they 
were  guilty  and  ought  to  have  died.  But  I  would  not 
on  that  account  as  a  narrator  of  facts  indulge  in  divers 
little  fictions  to  make  the  affair  more  pathetic.  Nor 
was  it  at  all  necessary  for  the  Spectator  to  pat  the 
judge  on  the  back  for  being  "so  firm  and  fearless." 
There  was  not  the  slightest  danger  that  Pratt  would 
go  against  the  people  in  this  matter.  But  he  ruled 
as  he  did,  not  so  much  from  any  just  or  noble  senti 
ment,  as,  first,  because  there  was  present  no  inducement 

HIST.  OB.,  VOL.  II.    7 


98  LANE'S  ADMINISTRATION. 

to  do  otherwise,  the  fifty  horses  not  going  to  the 
judge;  and  secondly,  he  well  knew  the  country  would 
be  too  hot  to  hold  him  should  he  do  otherwise. 

Sentence  of  death  was  passed  upon  each  of  the  five 
prisoners,  the  3d  of  June  being  appointed  for  their 
execution.  Soon  after  their  condemnation,  which 
they  received  some  in  sullen  silence,  some  with  signs 
of  terror,  all  confessed  to  having  shared  in  the  mur 
ders  except  Kiamasumpkin,  who,  while  admitting 
that  he  was  present  at  the  massacre,  persistently  de 
clared  that  his  hands  were  not  imbued  in  the  white 
man's  blood.66 

When  Lane  had  signed  the  death  warrants,  he  pre 
pared  his  resignation,  to  take  effect  the  18th  of  June; 
and  leaving  Pritehett  acting  governor,  for  the  clerical 
duties  of  which  office  Lane  had  little  liking,  he  set 
out  on  an  expedition  to  southern  Oregon,  where  he 
thought  he  might  do  something  to  pacify  the  Rogue 
River  Indians,  now  as  formerly  committing  depreda 
tions  upon  travellers.67  His  personal  affairs  were  left 
in  charge  of  his  son.68 

No  sooner  was  he  well  away  than  Pritehett  began 
to  talk  of  a  reprieve,  and  even  of  liberating  the  Ca- 
yuses,  but  the  marshal  was  incorruptible.69  It  was 

66  Blanchet's  attempts  to  excuse  his  neophytes  are  open  to  reproach.  Not 
withstanding  that  three  men  were  assigned  to  their  defence,  and  that  the 
trial  was  regular  and  even  solemn  in  its  proceedings,  and  the  evidence  clear, 
he  calls  it  'a  sham  trial  which  deceived  no  one.'  He  relates,  with  a  simplicity 
that  would  be  affecting  if  it  were  not  absurd  after  the  proofs,  that  Tiloukaikt 
and  the  four  others  on  the  eve  of  their  death  made  a  declaration  in  duplicate 
before  two  witnesses,  a  sergeant  and  a  corporal  of  the  R.  M.  11. ,  that  each  of 
the  five  was  innocent.  Cath.  Ch.  in  Or.,  181. 

^  Or.  Spectator,  May  30,  1850;  Lane's  Autobiography,  MS.,  58;  Steele,  in 
Or.  Council  Jour.,  1857-8,  app.,  42-3. 

68  Nathaniel  Lane,  who  accompanied  his  father  to  Oregon,  resided  perma 
nently  in  the  country  to  the  date  of  his  death,  the  22d  of  July  1878,  at  the  age 
of  54  years.  His  home  was  in  East  Portland.  His  character  was  that  of  an 


Jeorge  Hay] 

were  Nat.  and  Harry  Lane,  and  Jane,  wife  of  Stephen  Bailey.  Rostburg  Plain- 
dealer,  July  24,  1878. 

69  Meek,  on  being  approached  upon  this  subject,  at  first  talked  in  an  oblig 
ing  tone,  and  expressed  his  willingness  to  do  any  favor  for  the  secretary,  who 
was  about  to  write  a  reprieve  at  once.  '  But,  Pritehett, '  said  Meek,  seeing  the 
effect  of  his  professions  of  friendship,  '  let  us  now  talk  like  men.  I  have  in 


EXECUTION.       .  99 

even  feared  that  a  rescue  might  be  attempted  by  the 
Indians  on  the  day  of  execution,  and  men  coming  in 
from  the  country  round  brought  their  rifles,  hiding 
them  in  the  outskirts  of  the  town,  not  to  create 
alarm.70  Nothing  occurred,  however,  to  cause  excite 
ment.  The  Catholic  priests  took  charge  of  the  spir 
itual  affairs  of  the  condemned  savages,  administering 
the  sacraments  of  baptism  and  confirmation,  Father 
Veyret  attending  them  to  the  scaffold,  where  prayers 
for  the  dying  were  offered.  "Touching  words  of  en 
couragement,"  says  Blanchet,  "  were  addressed  to 
them  on  the  moment  of  being  s\vung  into  the  air: 
'Onward,  onward  to  heaven,  children;  into  thy  hands, 
0  Lord  Jesus,  I  commend  my  spirit.'"71  Oh  loving 
and  consistent  Christians !  While  the  world  of  Prot 
estantism  regarded  the  victims  slain  at  Waiilatpu  as 
martyrs,  the  priests  of  Catholicism  made  martyrs  of 
the  murderers,  arid  wafted  their  spirits  straight  to 
heaven.  So  far  as  the  sectarian  quarrel  is  concerned 
it  matters  nothing,  in  my  opinion,  and  I  care  not 
whose  converts  these  heathen  may  have  been,  if  of 
either;  but  sure  I  am  that  these  Cayuses  were  mar 
tyrs  to  a  destiny  too  strong  for  them,  to  the  Jugger 
naut  of  an  incompressible  civilization,  before  whose 
wheels  they  were  compelled  to  prostrate  themselves, 
to  that  relentless  law,  the  survival  of  the  fittest,  be 
fore  which,  in  spite  of  religion  or  science,  we  all  in 
turn  go  down. 

With  the  consummation  of  the  last  act  of  the 
Cayuse  tragedy  Lane's  administration  may  be  said  to 
have  closed,  though  he  was  for  several  weeks  occupied 
with  his  duties  as  Indian  agent  in  the  south,  a  full 
account  of  which  I  shall  give  later.  Having  made  a 

my  pocket  the  death-warrant  of  them  Indians,  signed  by  Governor  Lane. 
The  marshal  will  execute  them  men  as  certain  as  the  clay  arrives.'  Pritchett 
looked  surprised  and  remarked:  'That  is  not  what  you  just  said,  that  you 
would  do  anything  for  me.'  '  You  were  talking  then  to  Meek,'  Joe  returned, 
'not  to  the  marshal,  who  always  does  his  duty.'  V ictor' s  River  of  the  West, 
496.  The  marshal's  honor  was  less  corrupt  than  his  grammar. 

'^Bacon's  Merc.  Life  Or.,  MS.,  25. 

71  Cath.  Ch.  in  Or.,  182. 


100  LANE'S  ADMINISTRATION. 

treaty  with  the  Rogue  River  people,  he  went  to  Cal 
ifornia  and  busied  himself  with  gold  mining  until  the 
spring  of  1851,  when  his  friends  and  admirers  recalled 
him  to  Oregon  to  run  for  delegate  to  congress.  About 
the  time  of  his  return  the  rifle  regiment  departed  to 
return  by  sea  to  Jefferson  barracks,  near  St  Louis, 
having  been  reduced  to  a  mere  remnant  by  deser 
tions,72  and  never  having  rendered  any  service  of  im 
portance  to  the  territory.^ 


U.  S.  Cavalry,  129-30.    It  was  recruited  afterward  and  sent 
to  Texas  under  its  colonel,  Brevet  General  P.  F.  Smith. 


CHAPTEE  IV. 

A  DELEGATE   TO   CONGRESS. 
1849-1850. 

THE  EABLT  JUDICIARY— ISLAND  MILLS — ARRIVAL  OF  WILLIAM  STRONG- 
OPPOSITION  TO  THE  HUDSON'S  BAY  COMPANY — ARREST  OF  BRITISH  SHIP 
CAPTAINS— GEORGE  GIBBS— THE  '  ALBION  '  AFFAIR— SAMUEL  R.  THURS- 
TON  CHOSEN  DELEGATE  TO  CONGRESS — His  LIFE  AND  CHARACTER — PRO 
CEEDS  TO  WASHINGTON — MISREPRESENTATIONS  AND  UNPRINCIPLED 
MEASURES— RANK  INJUSTICE  TOWARD  MCLOUGHLIN — EFFICIENT  WORK 
FOR  OREGON— THE  DONATION  LAND  BILL— THE  CAYUSE  WAR  CLAIM 
AND  OTHER  APPROPRIATIONS  SECURED — THE  PEOPLE  LOSE  CONFIDENCE 
IN  THEIR  DELEGATE — DEATH  OF  THURSTON. 

DURING  the  transition  period  through  which  the 
territory  was  passing,  complaint  was  made  that  the 
judges  devoted  time  to  personal  enterprises  which  was 
demanded  for  the  public  service.  I  am  disposed  to 
think  that  those  who  criticised  the  judges  of  the 
United  States  courts  caviled  because  they  overlooked 
the  conditions  then  existing. 

The  members  of  the  territorial  supreme  court 
were  Chief  Justice  Bryant  and  Associate  Justice 
Pratt.1  Within  a  few  months,  the  chief  justice's  health 

1  0.  C.  Pratt  was  born  April  24,  1819,  in  Ontario  County,  New  York.  Ho 
entered  West  Point,  in  the  class  of  1837,  and  took  two  years  of  the  course. 
His  stand  during  this  time  was  good,  but  he  did  not  find  technical  military 
training  congenial  to  his  tastes,  excepting  the  higher  mathematics,  and  ho 
obtained  the  consent  of  his  parents  to  resign  his  cadetship,  in  order  to  com 
plete  his  study  of  law,  to'which  he  had  devoted  two  years  previous  to  enter 
ing  the  Military  Academy.  He  passed  his  examination  before  the  supremo 
court  of  New  York  in  1840,  and  was  admitted  to  the  bar.  During  thia  year 
he  took  an  active  part  in  the  presidential  campaign  as  an  advocate  of  the 
election  of  Martin  Van  Buren.  In  1843  ho  moved  to  Galena,  Illinois,  and 
established  himself  as  an  attorney  at  law.  In  1844  ho  entered  heartily  into 
politics,  as  a  friend  of  Polk,  and  attracted  attention  by  his  cogent  discussion 
of  the  issues  then  uppermost,  the  annexation  of  Texas,  and  the  Oregon  ques 
tion.  In  1847  he  was  a  member  of  the  convention  to  make  the  first  revision 

(101) 


102  A  DELEGATE  TO  CONGRESS. 

having  become  impaired,  lie  left  Oregon,  returned  to 
Indiana,  resigned,  and  soon  after  died.  Associate 
Justice  Burnett,  being  in  California,  and  very  lucra 
tively  employed  at  the  time  that  he  learned  of  his 
appointment,  declined  it;  and  as  their  successors, 
Thomas  Nelson  and  William  Strong,2  were  not  soon 
appointed,  and  came  ultimately  to  their  field  of  duty 
around  Cape  Horn,  Judge  Pratt  was  left  unaided 
nearly  two  years  in  the  judicial  labors  of  the  territory. 

By  act  of  congress,  March  3, 1859,  it  was  provided,  in 
the  absence  of  United  States  courts  in  California,  viola 
tions  of  the  revenue  laws  might  be  prosecuted  before  the 
judges  of  the  supreme  court  of  Oregon.  Under  this  stat 
ute,  Judge  Pratt  went  to  San  Francisco,  by  request  of 
the  secretary  of  the  treasury,  in  1849,  and  assisted  in 
the  adjustment  of  several  important  admiralty  cases. 
Also,  about  the  same  time,  in  his  own  district,  at  Port 
land,  Oregon,  as  district  judge  of  the  United  States 
for  the  territory  of  Oregon,  he  held  the  first  court  of 
admiralty  jurisdiction  within  the  limits  of  the  region 
now  covered  by  the  states  of  Oregon  and  California. 

Another  evil  to  the  peace  and  quiet  of  the  commu 
nity,  and  to  the  security  of  property,  arose  soon  after 
the  advent  of  the  new  justices — Strong,3  in  August 

of  the  constitution  of  Illinois.  In  the  service  of  the  government  he  crossed 
tho  plains  to  Santa  Fe;  thence  to  California.  In  1848  he  became  a  member 
of  the  supreme  court  of  Oregon,  as  noted.  He  was  a  man  of  striking  and 
distinguished  personnel,  fine  sensibilities,  analytic  intelligence,  eloquent, 
learned  in  the  law,  and  honorable. 

^William  Strong  was  born  in  St  Albans,  Vermpnt,  in  1817,  where  he  re 
sided  in  early  childhood,  afterward  removing  to  Connecticut  and  New  York. 
He  was  educated  at  Yale  college,  began  life  as  principal  of  an  academy  at 
Ithaca,  New  York,  and  followed  this  occupation  while  studying  law,  remov 
ing  to  Cleveland,  Ohio,  in  the  mean  time.  On  being  appointed  to  Oregon  he 
took  passage  with  his  wife  on  the  United  States  store-ship  Supply  in  Novem 
ber  1849  for  San  Francisco,  and  thence  proceeded  to  the  Columbia  by  the 
sloop  of  war  Falmouth.  Judge  Strong  resided  for  a  few  years  on  the  north 
side  of  the  Columbia,  but  finally  made  Portland  his  home,  where  he  has  long 
practised  law  in  company  with  his  sons.  During  my  visit  to  Oregon  in  1878 
Judge  Strong,  among  others,  dictated  to  my  stenographer  his  varied  experi 
ences,  and  important  facts  concerning  the  history  of  Oregon.  The  manu 
script  thus  made  I  entitled  S Irony's  History  of  Oregon.  It  contains  a  long 
series  of  events,  beginning  August  1850,  and  running  down  to  the  time 
when  it  was  given,  and  is  enlivened  by  many  anecdotes,  amusing  and  curi 
ous,  of  early  times,  Indian  characteristics,  political  affairs,  and  court  notes. 

3  Strong,  who  seems  to  have  had  an  eye  to  speculation  as  well  as  other  offi- 


DECADENCE  OF  THE  FUR  COMPANY.  103 

1850,  and  Nelson,  in  April  1,  1851 — from  the  inter 
ference  of  one  district  court  with  the  processes  of 
another.  Thus  it  was  impossible,  for  a  time,  to  main 
tain  order  in  Judge  Pratt's  district  (the  second)  in  two 
instances,  sentences  for  contempt  passed  by  him  being 
practically  nullified  by  the  interference  of  the  judge 
of  the  first  district. 

Among  the  changes  occurring  at  this  time  none 
were  more  perceptible  than  the  diminishing  import 
ance  of  the  Hudson's  Bay  Company's  business  in 
Oregon.  Not  only  the  gold  mania  carried  off  their 
servants,  but  the  naturalization  act  did  likewise,  and 
also  the  prospect  of  a  title  to  six  hundred  and  forty 
acres  of  land.  And  not  only  did  their  servants  desert 
them,  but  the  United  States  revenue  officers  and  Ind 
ian  agents  pursued  them  at  every  turn.4  When  Thorn 
ton  was  at  Puget  Sound  in  1849  he  caused  the  arrest 
of  Captain  Morris,  of  the  Harpooner,  an  English  ves 
sel  which  had  transported  Hill's  artillery  company  to 
Nisqually,  for  giving  the  customary  grog  to  the  Ind 
ians  and  half-breeds  hired  to  discharge  the  vessel  in 
the  absence  of  white  labor.  Captain  Morris  was  held 
to  bail  in  five  hundred  dollars  by  Judge  Bryant,  to 
appear  before  him  at  the  next  term  of  court.  What 
the  decision  would  have  been  can  only  be  conjectured, 
as  in  the  absence  of  the  judges  the  case  never  came 
to  trial.  Morris  was  released  on  a  promise  never  to 
return  to  those  waters.5 

But  these  annoyances  were  light  compared  to  those 
which  arose  out  of  the  establishment  of  a  port  of 

cials,  had  purchased  a  lot  of  side-saddles  before  leaving  New  York,  and  other 
goods  at  auction,  for  sale  in  Oregon.  His  saddles  cost  him  $7.50  and  §13,  and 
he  sol  I  them  to  women  whose  husbands  had  been  to  the  gold  mines  for  650, 
$GO,  and  §75.  A  gross  of  playing  cards,  purchased  for  a  cent  a  pack  at  auc 
tion,  sold  to  the  soldiers  for  §1.50  a  pack.  Brown  sugar  purchased  for  5c.  a 
pound  by  the  barrel  brought  ten  times  that  amount;  and  so  on,  the  goods 
ueing  sold  for  him  at  the  fur  company's  store.  Strony's  Hist.  Or.,  MS  ,  27-30. 

4  Roberts  says,  in  his  Recollections,  MS.,  that  Douglas  left  Vancouver  just 
in  time  to  save  his  peace  of  mind;  and  it  was  perhaps  partly  with  that  object, 
for  he  was  a  strict  disciplinarian,  and  could  never  have  bent  to  the  new  order 
of  things. 

5  Roberts'  Recollections,  MS.,  16. 


104  A  DELEGATE  TO  CONGRESS. 

entry,  and  the  extension  of  the  revenue  laws  of  the 
United  States  over  the  country.  In  the  spring  of 
1849  arrived  Oregon's  first  United  States  revenue 
officer,  John  Adair,  of  Kentucky;  and  in  the  autumn 
George  Gibbs,  deputy-collector.6  No  trouble  seems 
to  have  arisen  for  the  first  few  months,  though  the 
company  was  subjected  to  much  inconvenience  by 
having  to  go  from  Fort  Victoria  to  Astoria,  a  distance 
of  over  two  hundred  miles,  to  enter  the  goods  designed 
for  the  American  side  of  the  strait,  or  for  Fort  Nis- 
qually  to  which  they  must  travel  back  three  hundred 
miles. 

About  the  last  of  December  1849  the  British  ship 
Albion,  Captain  Richard  O.  Hinderwell,  William 
Brotchie,  supercargo,  entered  the  strait  of  Fuca  with 
out  being  aware  of  the  United  States  revenue  laws 
on  that  part  of  the  coast,  and  proceeded  to  cut  a  cargo 
of  spars  at  New  Dungeness,  at  the  same  time  trading 
with  the  natives,  for  which  they  were  prepared,  by 
permission  of  the  Hudson's  Bay  Company  in  London, 
with  certain  Indian  goods,  though  not  allowed  to  buy 
furs.  The  owners  of  the  Albion,  who  had  a  govern 
ment  contract,  had  instructed  the  captain  and  super 
cargo  to  take  the  spars  wherever  they  found  the  best 
timber,  but  if  upon  the  American  side  of  the  strait,  to 
pay  for  them  if  they  could  be  bought  cheap.  But 
during  a  stay  of  about  four  months  at  Dungeness,  as 

6  Gibbs,  who  came  with  the  rifle  regiment,  was  employed  in  various  posi 
tions  011  the  Pacific  coast  for  several  years.  He  became  interested  in  philology 
and  published  a  Dictionary  of  the.  Chinook  Jargon,  and  other  matter  concern 
ing  the  native  races,  as  well  as  the  geography  and  geology  of  the  west  coast. 
In  Suckley  and  Cooper's  Natural  History  it  is  said  that  he  spent  two  years  in 
southern  Oregon,  near  the  Klamath;  that  in  18.33  he  joined  McClellan's  sur 
veying  party,  and  afterward  made  explorations  with  I.  I.  Stevens  in  Wash 
ington.  In  1859  he  was  still  employed  as  geologist  of  the  north-west  boundary 
survey  with  Kennedy.  He  was  for  a  short  time  collector  of  customs  at 
Astoria.  He  went  from  there  to  Puget  Sound,  where  he  applied  himself  to 
the  study  of  the  habits,  languages,  and  traditions  of  the  natives,  which  study 
enabled  him  to  make  some  valuable  contributions  to  the  Smithsonian  Insti 
tution.  Mr  Gibbs  died  at  New  Haven,  Conn. ,  May  1 1 ,  1873.  '  He  was  a  man  of 
fine  scholarly  attainments, 'says  the  Olympia  Pacific  Tribune,  May  17,  1873, 
'  and  ardently  devoted  to  science  and  polite  literature.  He  was  something  of  a 
wag  withal,  and  on  several  occasions,  in  conjunction  with  the  late  Lieut. 
Derby  (John  Phcenix)  and  others,  perpetrated  "sells"  that  obtained  a  world 
wide  publicity.  His  friends  were  many,  warm,  and  earnest.' 


A  DISREPUTABLE  AFFAIR.  105 

no  one  had  appeared  of  whom  the  timber  could  be 
purchased,  the  wood-cutters  continued  their  work  un 
interruptedly.  In  the  mean  time  the  United  States 
surveying  schooner  Ewing  being  in  the  sound,  Lieu 
tenant  McArthur  informed  the  officers  of  the  Albion 
that  they  had  no  right  to  cut  timber  on  American 
soil.  When  this  came  to  the  ears  of  deputy-collector 
Gibbs,  Adair  being  absent  in  California,  he  appointed 
Eben  May  Dorr  a  special  inspector  of  customs,  with 
authority  to  seize  the  Albion  for  violation  of  the 
revenue  laws.  United  States  district  attorney  Hoi- 
brook,  and  United  States  marshal  Meek,  were  duly 
informed. 

The  marshal,  with  Inspector  Dorr,  repaired  to 
Steilacoom,  where  a  requisition  was  made  on  Cap 
tain  Hill  for  a  detachment  of  men,  and  Lieutenant 
Gibson,  five  soldiers,  and  several  citizens  proceeded 
down  the  sound  to  Dungeness,  and  made  a  formal 
seizure  of  the  ship  and  stores  on  the  22d  of  April. 
The  vessel  was  placed  in  charge  of  Charles  Kinney, 
the  English  sailors  willingly  obeying  him,  and  navi 
gating  the  ship  to  Steilacoom.  Arrived  here  every 
man,  even  to  the  cook,  deserted,  and  the  captain  and 
supercargo  were  ordered  ashore  where  they  found 
succor  at  the  hospitable  hands  of  Tolmie,  at  Fort 
Nisqually. 

It  was  not  a  very  magnanimous  proceeding  on  the 
part  of  officers  of  the  great  American  republic,  but 
was  about  what  might  have  been  expected  from  Indian 
fighters  like  Joe  Meek  raised  to  new  dignities.7  We 
smile  at  the  simple  savage  demanding  pay  from  navi 
gators  for  wood  and  water;  but  here  were  officers  of 
the  United  States  government  seizing  and  confiscating 
a  British  vessel  for  cutting  a  few  small  trees  from 

7 See  31st  Conq.<  %d  Sess.,  8.  Doc.,  30,  15-16.  'We  have  met  before,'  said 
BrotcMe  to  Meek  as  the  latter  presented  himself.  'You  did  meet  me  at 
Vancouver  several  years  ago,  but  I  was  then  nothing  but  Joe  Meek,  and 
you  ordered  me  ashore.  Circumstances  are  changed  since  then.  I  am  Colonel 
Joseph  L.  Meek,  United  States  marshal  for  Oregon  Territory,  and  you,  sir, 
are  only  a  damned  smuggler !  Go  ashore,  sir !'  Victor's  River  of  the  West,  505. 


106  A  DELEGATE  TO  CONGRESS. 

land  lately  stolen  from  the  Indians,  relinquished  by 
Great  Britain  as  much  through  a  desire  for  peace  as 
from  any  other  cause,  and  which  the  United  States 
government  afterward  sold  for  a  dollar  and  a  quarter 
an  acre,  at  which  rate  the  present  damage  could  not 
possibly  have  reached  the  sum  of  three  cents ! 

Kinney  proved  a  thief,  and  not  only  stole  the  goods 
intrusted  to  his  care,  but  allowed  others  to  do  so,8  and 
was  finally  placed  under  bonds  for  his  appearance  to 
answer  the  charge  of  embezzlement.  The  ship  and 
spars  were  condemned  and  sold  at  Steilacoom  Novem 
ber  23d,  bringing  about  forty  thousand  dollars,  which 
was  considerably  less  than  she  was  worth;  the  money, 
according  to  common  report,  never  reaching  the  treas 
ury.9  A  formal  protest  was  entered  by  the  captain 
and  supercargo  immediately  on  the  seizure  of  the 
Albion,  and  the  whole  correspondence  finally  came 
before  congress  on  the  matter  being  brought  to  the 
attention  of  the  secretary  of  state  by  the  British 
minister  at  Washington. 

In  the  mean  time  congress  had  passed  an  act  Sep 
tember  28,  1850,  relating  to  collection  matters  on  the 
Pacific  coast,  and  containing  a  proviso  intended  to 
meet  such  cases  as  this  of  the  Albion,10  and  by  virtue 
of  which  the  owners  and  officers  of  the  vessel  were 
indemnified  for  their  losses. 

This  high-handed  proceeding  against  the  Albion ,  as 
we  may  well  imagine,  produced  much  bitterness  of 
feeling  on  the  part  of  the  British  residents  north 
of  the  Columbia,11  and  the  more  so  that  the  vessels 

8  Or.  Spectator,  Dee.  19,  1850. 

9  This  money  fell  into  bad  hands  and  was  not  accounted  for.     According 
to  Meek  'the  officers  of  the  court'  found  a  private  use  for  it.    Victor's  River 
of  the  West,  506. 

10  That  where   any  ship  or  goods  may  have  been  subjected  to  seizure 
by  any  officer  of  the  customs  in  the  collection  district  of  Upper  California  or 
the  district  of  Oregon  prior  to  the  passage  of  this  act,  and  it  shall  be  made 
to  appear  to  the  satisfaction  of  the  secretary  of  the  treasury  that  the  owner 
sustained  loss  by  reason  of  any  improper  seizui-e,  the  said  secretary  is  author 
ized  to  extend  such  relief  as  he  may  deem  just  and  proper.  31st  Cony.,  1st 
Sess.,  United  States  Acts  and  Res.,  128-9. 

11  '  I  fancy  I  a,m  pretty  cool  about  it  now,'  says  Roberts,  'but  then  it  did 
rather  damp  my  democracy.'  Recollections,  MS.,  17. 


THE  REVENUE  LAWS.  107 

of  the  Hudson's  Bay  Company  were  not  exempt 
from  these  exactions.  When  the  troops  were  to  be 
removed  from  Nisqually  to  Steilacoom  on  the  estab 
lishment  of  that  post,  Captain  Hill  employed  the 
Forager,  one  of  the  company's  vessels,  to  transport 
the  men  and  stores,  and  the  settlers  also  having  some 
shingles  and  other  insignificant  freight,  which  they 
wished  carried  down  the  sound,  it  was  put  on  board 
the  Forager.  For  this  violation  of  the  United  States 
revenue  laws  the  vessel  was  seized.  But  the  secretary 
of  the  treasury  decided  that  Hill  and  the  artillerymen 
were  not  goods  in  the  meaning  of  the  statute,  and 
that  therefore  the  laws  had  not  been  violated.12 

Soon  after  the  seizure  of  the  Albion,  the  company's 
schooner  Cadboro  was  seized  for  carrying  goods  direct 
from  Victoria  to  Nisqually,  and  that  notwithstanding 
the  duties  were  paid,  though  under  protest.  The 
Cadboro  was  released  on  Ogden  reminding  the  col 
lector  that  he  had  given  notice  of  the  desire  of  the 
company  to  continue  the  importation  of  goods  direct 
from  Victoria,  their  readiness  to  pay  duties,  and  also 
that  their  business  would  be  broken  up  at  Nisqually 
and  other  posts  in  Oregon  if  they  were  compelled  to 
import  by  the  way  of  the  Columbia  River.13 

In  January  1850  President  Taylor  declared  Port 
land  and  Nisqually  ports  of  delivery ;  but  subsequently 
the  office  was  removed  at  the  instance  of  the  Oregon 
delegate  from  Nisqually  to  Olympia,  when  there 
followed  other  seizures,  namely,  of  the  Mary  Dare, 
and  the  Beaver,  the  latter  for  landing  Miss  Rose 
Birnie,  sister  of  James  Birnie  formerly  of  Fort  George, 
at  Fort  Nisqually,  without  first  having  landed  her  at 
Olympia.14  The  cases  were  tried  before  Judge  Strong, 
who  very  justly  released  the  vessels.  Strong  was 
accused  of  bribery  by  the  collector;  but  the  friends 
of  the  judge  held  a  public  meeting  at  Olympia  sus- 

12  Letter  of  N.  M.  Meridcth  to  S.  R.  Thurston,  in  Or.  Spectator,  May  2,  1850* 

13  31th  Confl.,  2d  Setts.,  Sen.  Doc.  30,  7. 
^Roberts'  Recollections,  MS.,  16. 


108  A  DELEGATE  TO  CONGRESS. 

taining  him.  The  seizure  cost  the  government  twenty 
thousand  dollars,  and  caused  much  ill-feeling.  This 
was  after  the  appointment  of  a  collector  for  Puget 
Sound  in  1851,  whose  construction  of  the  revenue 
laws  was  even  more  strict  than  that  of  other  Oregon 
officials.15 

Thus  we  see  that  the  position  of  the  Hudson's  Bay 
Company  in  Oregon  after  the  passage  of  the  act 
establishing  the  territory  was  ever  increasingly  pre 
carious  and  disagreeable.  The  treaty  of  1846  had 
proven  altogether  insufficient  to  protect  the  assumed 
rights  of.  the  company,  and  was  liable  to  different 
interpretations  even  by  the  ablest  jurists.  The  com 
pany  claimed  their  lands  in  the  nature  of  a  grant,  and 
as  actually  alienated  to  the  British  government. 
Before  the  passage  of  the  territorial  act,  they  had 
taken  warning  by  the  well  known  temper  of  the 
American  occupants  of  Oregon  toward  them,  and  had 
offered  their  rights  for  sale  to  the  government  at  one 
million  of  dollars;  using,  as  I  have  previously  inti 
mated,  the  well  known  democratic  editor  and  politician, 
George  N.  Sanders,  as  their  agent  in  Washington. 

As  early  as  January  1848  Sir  George  Simpson 
addressed  a  confidential  letter  to  Sanders,  whom  he 
had  previously  met  in  Montreal,  in  which  he  defined 
his  view  of  the  rights  confirmed  by  the  treaty,  as  the 
right  to  "cultivate  the  soil,  to  cut  down  and  export 
the  timber,  to  carry  on  the  fisheries,  to  trade  for  furs 
with  the  natives,  and  all  other  rights  we  enjoyed  at 
the  time  of  framing  the  treaty."  As  to  the  free  navi 
gation  of  the  Columbia,  he  held  that  this  right  like 
the  others  was  salable  and  transferable.  "  Our 
possessions,"  he  said,  "embrace  the  very  best  situa 
tions  in  the  whole  country  for  offensive  and  defensive 
operations,  towns  and  villages."  These  were  all  in- 

15  S.  P.  Moses  was  the  first  collector  on  Puget  Sound.  Roberts  says  con 
cerning  him  that  he  'took  almost  every  British  ship  that  came.  His  conduct 
was  beneath  the  government,  and  probably  was  from  beneath,  also.'  Recol 
lections,  MS.,  16. 


PROPOSALS  OF  SALE.  109 

eluded  in  the  offer  of  sale,  as  well  as  the  lands  of  the 
Puget  Sound  Agricultural  Company,  together  with 
their  flocks  and  herds;  the  reason  urged  for  making 
the  offer  being  that  the  company  in  England  were 
apprehensive  that  their  possession  of  the  country 
might  lead  to  "  endless  disputes,  which  might  be  pro 
ductive  of  difficulties  between  the  two  nations,"  to 
avoid  which  they  were  willing  to  make  a  sacrifice,  and 
to  withdraw  within  the  territory  north  of  49. °16 

Sanders  laid  this  proposition  before  Secretary 
Buchanan  in  July,  and  a  correspondence  ensued 
between  the  officers  and  agents  of  the  Hudson's  Bay 
Company  and  the  ministers  of  both  governments,  in 
the  course  of  which  it  transpired  that  the  United 
States  government  on  learning  the  construction  put 
upon  the  company's  right  to  transfer  the  navigation 
of  the  Columbia,  was  dissatisfied  with  the  terms  of 
the  treaty  and  wished  to  make  a  new  one  in  which 
this  right  was  surrendered,  but  that  Great  Britain 
declined  to  relinquish  the  right  without  a  considera 
tion.  "Her  Majesty's  government,"  said  Addington, 
"have  no  proposal  to  make,  they  being  quite  content 
to  leave  things  as  they  are." 

The  operation  of  the  revenue  laws,  however,  which 
had  not  been  anticipated  by  the  British  companies  or 
government,  considerably  modified  their  tone  as  to 
the  importance  of  their  right  of  navigation  on  the 
Columbia,  and  their  privileges  generally.  Instead  of 
being  in  a  position  to  dictate  terms,  they  were  at  the 
mercy  of  the  United  States,  which  could  well  afford 
to  allow  them  to  navigate  Oregon  waters  so  long  as 
they  paid  duties.  Under  this  pressure,  in  the  spring 
of  1849,  a  contract  was  drawn  up  conveying  the 
rights  of  the  company  under  their  charter  and  the 
treaty,  and  appertaining  to  forts  Disappointment, 
George,  Vancouver,  Umpqua,  Walla  Walla,  Boise*, 
Okanagan,  Colville,  Kootenai,  Flat  Head,  Nisqually, 
Cowlitz,  and  all  other  posts  belonging  to  said  com- 

16 31st  Cong.,  2d  Sess.,  Sen.  Doc.  20,  4-5. 


110  A  DELEGATE  TO  CONGRESS. 

panies,  together  with  their  wild  lands,  reserving  only 
their  shipping,  merchandise,  provisions,  and  stores  of 
every  description,  and  their  enclosed  lands,  except 
such  portions  of  them  as  the  United  States  govern 
ment  might  wish  to  appropriate  for  military  reserves, 
which  were  included  in  the  schedule  offered,  for  the 
sum  of  seven  hundred  thousand  dollars.  The  agree 
ment  further  offered  all  their  farms  and  real  property 
not  before  conveyed,  for  one  hundred  and  fifty  thou 
sand  dollars,  if  purchased  within  one  year  by  the 
government;  or  if  the  government  should  not  elect 
to  purchase,  the  companies  bound  themselves  to  sell 
all  their  farming  lands  to  private  citizens  of  the 
United  States  within  two  years,  so  that  at  the  end 
of  that  time  they  would  have  no  property  rights 
whatever  in  the  territories  of  the  United  States. 

Surely  it  could  not  be  said  that  the  British  com 
panies  were  not  as  anxious  to  get  out  of  Oregon  as 
the  Americans  were  to  have  them.  It  is  more  than 
likely,  also,  that  had  it  not  been  for  the  persistent 
animosity  of  certain  persons  influencing  the  heads 
of  the  government  and  senators,  some  arrangement 
might  have  been  effected;  the  reason  given  for  re 
jecting  the  offer,  however,  was  that  no  purchase 
could  be  made  until  the  exact  limits  of  the  company's 
possessions  could  be  determined.  In  October  1850, 
Sir  John  Henry  Pelly  addressed  a  letter  to  Webster, 
then  secretary  of  state,  on  the  subject,  in  which  he 
referred  to  the  seizure  of  the  Albion,  and  in  which  he 
said  that  the  price  in  the  disposal  of  their  property 
was  but  a  secondary  consideration,  that  they  were 
more  concerned  to  avoid  the  repetition  of  occurrences 
which  might  endanger  the  peace  of  the  two  govern 
ments,  and  proposed  to  leave  the  matter  of  valuation 
to  be  decided  by  two  commissioners,  one  from  each 
government,  who  should  be  at  liberty  to  call  an 
umpire.  But  at  this  time  the  same  objections  existed 
in  the  indefinite  limits  of  the  territory  claimed  which 
would  require  to  be  settled  before  commissioners 


ABANDONMENT  OF  POSTS.  Ill 

could  be  prepared  to  decide,  and  nothing  was  done 
then,  nor  for  twenty  years  afterward,17  toward  the 
purchase  of  Hudson's  Bay  Company  claims,  during 
which  time  their  forts,  never  of  much  value  except 
for  the  purposes  of  the  company,  went  to  decay,  and 
the  lands  of  the  Puget  Sound  Company  were  covered 
with  American  squatters,  who,  holding  that  the  rights 
of  the  company  under  the  treaty  of  1846  were  not  in 
the  nature  of  an  actual  grant,  but  merely  possessory 
so  far  as  the  company  required  the  land  for  use  until 
their  charter  expired,  looked  upon  their  pretensions 
as  unfounded,  and  treated  them  as  trespassers,18  at 
the  same  time  that  they  were  compelled  to  pay  taxes 
as  proprietors.19 

Gradually  the  different  posts  were  abandoned.  The 
land  at  Fort  Umpqua  was  let  in  1853  to  W.  W. 
Chapman,  who  purchased  the  cattle  belonging  to  it,20 
which  travellers  were  in  the  habit  of  shooting  as 

17 32d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  2,  pt.  iii.  473-4. 

"Roberts,  who  was  a  stockholder  in  the  Puget  Sound  Company,  took 
charge  of  the  Cowlitzfarm  in  1846.  Matters  went  on  very  well  for  two  years. 
Then  came  the  gold  excitement  and  demoralization  of  the  company's  servants 
consequent  upon  it,  and  the  expectation  of  a  donation  land  law.  He  left  the 
farm  which  he  found  it  impossible  to  carry  on,  and  took  up  a  land  claim  as  a 
settler  outside  its  limits,  becoming  a  naturalized  citizen  of  the  United  States. 
But  pioneer  farming  was  not  either  agreeable  or  profitable  to  him,  and  was 
besides  interrupted  by  an  Indian  war,  when  he  became  clerk  to  the  quarter 
master  general.  When  the  Frazer  River  mining  excitement  came  on  he 
thought  he  might  possibly  make  something  at  the  Cowlitz  by  raising  provis 
ions.  But  when  his  hay  was  cut  and  put  up  in  cocks  it  was  taken  away  by 
armed  men  who  had  squatted  on  the  land;  and  when  the  case  came  into 
court  the  jury  decided  that  they  knew  nothing  about  treaties,  but  did  under 
stand  the  rights  of  American  citizens  under  the  land  law.  Then  followed 
arson  and  other  troubles  with  the  squatters,  who  took  awray  his  crops  year 
after  year.  The  lawyers  to  whom  he  appealed  could  do  nothing  for  him,  and 
it  was  only  by  the  interference  of  other  people  who  became  ashamed  of  seeing 
a  good  man  persecuted  in  this  manner,  that  the  squatters  on  the  Cowlitz 
farm  were  linally  compelled  to  desist  from  these  acts,  and  Roberts  was  left  in 
peace  until  the  Washington  delegate,  Garfield,  secured  patents  for  his  clients 
the  squatters,  and  Roberts  was  evicted.  There  certainly  should  have  been 
some  way  of  preventing  outrages  of  this  kind,  and  the  government  should 
have  seen  to  it  that  its  treaties  were  respected  by  the  people.  But  the  peo 
ple's  representatives,  to  win  favor  with  their  constituents,  persistently  helped 
to  instigate  a  feeling  of  opposition  to  the  claims  of  the  British  companies,  or 
to  create  a  doubt  of  their  validity.  See  Robert^  Recollections,  MS.,  7o. 

19  The  Puget  Sound  Company  paid  in  one  year  §7,000  in  taxes.  They  were 
astute  enough,  says  Roberts,  not  to  refuse,  as  the  records  could  be  used  to 
show  the  value  of  their  property.  Recollection*,  MS.,  91. 

20 A.  C.  Gibbs,  in  U.  S.  Ev.  H.  B.  C.  Claims,  29;  W.  T.  Tolmie,  Id.,  104; 
W.  W.  Chapman,  Id.,  11. 


112  A  DELEGATE  TO  CONGRESS. 

game  while  they  belonged  to  the  company.  The 
stockade  and  buildings  were  burned  in  1851.  The 
land  was  finally  taken  as  a  donation  claim.  Walla 
Walla  was  abandoned  in  1855-6,  during  the  Indian 
war,  in  obedience  to  an  order  from  Indian  Agent 
Olney,  and  was  afterward  claimed  by  an  American 
for  a  town  site.  Fort  Boise  was  abandoned  in  1856 
on  account  of  Indian  hostilities,  and  Fort  Hall  about 
the  same  time  on  account  of  the  statute  against  selling 
ammunition  to  Indians,  without  which  the  Indian 
trade  was  worthless.  Okanagan  was  kept  up  until 
1861  or  1862,  when  it  was  left  in  charge  of  an  Indian 
chief.  Vancouver  was  abandoned  about  1860,  the 
land  about  it  being  covered  with  squatters,  English 
and  American.21  Fort  George  went  out  of  use  before 
any  of  the  others,  Colville  holding  out  longest.  At 
length  in  1871,  after  a  tedious  and  expensive  ex 
amination  of  the  claims  of  the  Hudson's  Bay  and 
Puget  Sound  companies  by  a  commission  appointed 
for  the  purpose,  an  award  of  seven  hundred  and  fifty 
thousand  dollars  was  made  and  accepted,  there  being 
nothing  left  which  the  United  States  could  confirm 
to  any  one  except  a  dozen  dilapidated  forts.  The 
United  States  gained  nothing  by  the  purchase,  unless 
it  were  the  military  reserves  at  Vancouver,  Steila- 
coom,  and  Cape  Disappointment;  for  the  broad  acres 
of  the  companies  had  been  donated  to  squatters  who 
applied  for  them  as  United  States  land.  As  to  the 
justice  of  the  cause  of  the  American  people  against 
the  companies,  or  the  companies  against  the  United 
States,  there  will  be  always  two  opinions,  as  there 
have  always  been  two  opinions  concerning  the  Oregon 
boundary  question.  Sentiment  on  the  American  side 
as  enunciated  by  the  Oregon  pioneers  was  as  follows: 
They  held  that  Great  Britain  had  no  rights  on  the 
west  shore  of  the  American  continent;  in  which 
opinion,  if  they  would  include  the  United  States  in 
the  same  category,  I  would  concur.  As  I  think  I 

21/.  L.  Meek,  in  U.  S.  Ev.  II.  B.  C.  Claims,  90. 


THE  FINAL  ISSUE.  113 

have  clearly  shown  in  the  History  of  the  Northwest 
Coast,  whether  on  the  ground  of  inherent  rights, 
or  rights  of  discovery  or  occupation,  there  was  little 
to  choose  between  the  two  nations.  The  people  of 
Oregon  further  held  that  the  convention  of  1818 
conferred  no  title,  in  which  they  were  correct.  They 
held  that  the  Hudson's  Bay  Company,  under  its 
charter,  could  acquire  no  title  to  land — only  to  the 
occupancy  of  it  for  a  limited  time;  in  which  position 
they  were  undoubtedly  right.  They  denied  that  the 
Puget  Sound  Company,  which  derived  its  existence 
from  the  Hudson's  Bay  Company,  could  have  any  title 
to  land,  which  was  evident.  They  were  quick  to  per 
ceive  the  intentions  of  the  parent  company  in  laying 
claim  to  large  bodies  of  land  on  the  north  side  of  the 
Columbia,  and  covering  them  with  settlers  and  herds. 
They  had  no  thought  that  when  the  boundary  was 
settled  these  claims  would  be  respected,  and  felt  that 
not  only  they  but  the  government  had  been  cheated — 
the  latter  through  its  ignorance  of  the  actual  facts  in 
the  case.  So  far  I  cannot  fail  to  sympathize  with 
their  sound  sense  and  patriotism. 

But  I  find  also  that  they  forgot  to  be  just,  and  to 
realize  that  British  subjects  on  the  north  side  of  the 
Columbia  were  disappointed  at  the  settlement  of  the 
boundary  on  the  49th  parallel;  that  they  naturally 
sought  indemnity  for  the  distraction  it  would  be  to 
their  business  to  move  their  property  out  of  the 
territory,  the  cost  of  building  new  forts,  opening  new 
farms,  and  laying  out  new  roads.  But  above  all  they 
forgot  that  as  good  citizens  they  were  bound  to  re 
spect  the  engagements  entered  into  by  the  govern 
ment  whether  or  not  they  approved  them ;  and  while 
they  were  using  doubtful  means  to  force  the  British 
companies  out  of  Oregon,  were  guilty  of  ingratitude 
both  to  the  corporation  and  individuals. 

The  issue  on  which  the  first  delegate  to  congress 
elected  in  Oregon,  Samuel  B,.  Thurston,  received  his 

HIST.  OB.,  VOL.  II.    8 


114  A  DELEGATE  TO  CONGRESS. 

majority,  was  that  of  the  anti-Hudson's  Bay  Com 
pany  sentiment,  which  was  industriously  worked  up 
by  the  missionary  element,  in  the  absence  of  a  large 
number  of  the  voters  of  the  territory,  notably  of  the 
Canadians,  and  the  young  and  independent  western 
men.22  Thurston  was  besides  a  democrat,  to  which 
party  the  greater  part  of  the  population  belonged; 
but  it  is  the  testimony  of  those  who  knew  best  that 
it  was  not  as  a  democrat  that  he  was  elected.23  As  a 
member  of  the  legislature  at  its  last  session  under  the 
provisional  government,  he  displayed  some  of  those 
traits  which  made  him  a  powerful  and  useful  champion, 
or  a  dreaded  and  hated  foe. 

Much  has  been  said  about  the  rude  and  violent 
manners  of  western  men  in  pursuit  of  an  object,  but 
Thurston  was  not  a  western  man ;  he  was  supposed  to 
be  something  more  elevated  and  refined,  more  cool 
and  logical,  more  moral  and  Christian  than  the  peo 
ple  beyond  the  Alleghanies;  he  was  born  and  bred 
an  eastern  man,  educated  at  an  eastern  college, 
was  a  good  Methodist,  and  yet  in  the  canvass  of 

22  Thurston  received  470  votes;  C.  Lancaster,  321;  Meek  and  Griffin,  46; 
J.  W.  Nesmith,  106.    Thurston  was  a  democrat  and  Nesmith  a  whig.   Tribune 
Almanac,  1850,  51. 

23  Mrs  E.  F.  Odell,  nee  McClench,  who  came  to  Oregon  as  Thurston's 
wife,  and  who  cherishes  a  high  regard  for  his  talents  and  memory,  has  fur 
nished  to  my  library  a  biographical  sketch  of  her  first  husband.     Though 
strongly  tinctured  by  personal  and  partisan  feeling,  it  is  valuable  as  a  view 
from  her  standpoint  of  the  character  and  services  of  the  ambitious  young  man 
who  first  represented  Oregon  in  congress — how  worthily,  the  record  will 
determine.     Mr  Thurston  was  born  in  Monmouth,  Maine,  in  1816,  and  reared 
in  the  little  town  of  Peru,  subject  to  many  toils  and  privations  common  to 
the  Yankee  youth  of  that  day.     He  possessed  a  thirst  for  knowledge  also 
common  in  New  England,  and  became  a  hard  student  at  the  Wesleyan  semi 
nary  at  Readfield,  from  which  he  entered  Bowdoin  college,  graduating  in  the 
class  of  1843.     He  then  entered  on  the  study  of  law  in  Brunswick,  where  he 
was  soon  admitted  to  practice.     A  natural  partisan,  he  became  an  ardent 
democrat,  and  was  not  only  fearless  but  aggressive  in  his  leadership  of  the 
politicians  of  the  school.     Having  married  Miss  Elizabeth  F.  McClench,  of 
Fayette,  he  removed  with  her  to  Burlington,  Iowa,  in  1845,  where  he  edited 
the  Burlington  Gazette  till  1847,  when  he  emigrated  to  Oregon.     From  his 
education  as  a  Methodist,  his  talents,  and  readiness  to  become  a  partisan,  he 
naturally  affiliated  with  the  Mission  party.     Mrs  Odell  remarks  in  her  Biog 
raphy  of  Thurston,  MS.,  4,  that  he  was  'not  elected  as  a  partisan,  though  his 
political  views  were  well  understood;'  but  L.  F.  Grover,  who  knew  him  well 
in  college  days  and  afterward,  says  that  'he  ran  on  the  issue  of  the  missionary 
settlers  against  the  Hudson's  Bay  Company.'  Public  Life  in  Or.,  MS.,  95. 


CHARACTERISTICS  OF  THURSTON.  115 

1849  he  introduced  into  Oregon  the  vituperative  and 
invective  style  of  debate,  and  mingled  with  it  a  species 
of  coarse  blackguardism  such  as  no  Kentucky  ox- 
driver  or  Missouri  flat-boatman  might  hope  to  excel.24 
Were  it  more  effective,  he  could  be  simply  eloquent 
and  impressive;  where  the  fire-eating  style  seemed 
likely  to  win,  he  could  hurl  epithets  and  denuncia 
tions  until  his  adversaries  withered  before  them.25 

And  where  so  pregnant  a  theme  on  which  to  rouse 
the  feelings  of  a  people  unduly  jealous,  as  that  of  the 
aggressiveness  of  a  foreign  monoply?  And  what  easier 
than  to  make  promises  of  accomplishing  great  things 
for  Oregon  ?  And  yet  I  am  bound  to  say  that  what 
this  scurrilous  and  unprincipled  demagogue  promised, 
as  a  rule  he  performed.  He  believed  that  to  be  the 
best  course,  and  he  was  strong  enough  to  pursue  it. 
Had  he  never  done  more  than  he  engaged  to  do,  or 
had  he  not  privately  engaged  to  carry  out  a  scheme 
of  the  Methodist  missionaries,  whose  sentiments  he 
mistook  for  those  of  the  majority,  being  himself  a 
Methodist,  and  having  been  but  eighteen  months  in 
Oregon  when  he  left  it  for  Washington,  his  success 
as  a  politician  would  have  been  assured. 

Barnes,  in  his  manuscript  entitled  Oregon  and  Cali 
fornia,  relates  that  Thurston  was  prepared  to  go  to 
California  with  him  when  Lane  issued  his  proclama 
tion  to  elect  a  delegate  to  congress.  He  immediately 

24 '  I  have  heard  an  old  settler  give  an  account  of  a  discussion  in  Polk 
county  between  Nesmith  and  Thurston  during  the  canvass  for  the  election  of 
delegate  to  congress.  He  said  Nesmith  had  been  accustomed  to  brow 
beat  every  man  that  came  about  him,  and  drive  him  off  either  by  ridicule  or 
fear.  In  both  these  capacities  Nesmith  was  a  strong  man,  and  they  all 
thought  Nesmith  had  the  field.  But  when  Thurston  got  up  they  were 
astonished  at  his  eloquence,  and  particularly  at  his  bold  manner.  My  inform 
ant  says  that  at  one  stage  Nesmith  jumped  up  and  began  to  move  toward 
Thurston;  and  Thurston  pointed  his  finger  straight  at  him,  after  putting  it 
on  his  side,  and  said:  "  Don't  you  take  another  step,  or  a  button-hole  will  be 
seen  through  you,"  and  Nesmith  stopped.  But  the  discussion  proved  that 
Thurston  was  a  full  match  for  any  man  in  the  practices  in  which  his  antago 
nist  was  distinguished,  and  the  result  was  that  Thurston  carried  the  election 
by  a  large  majority.'  Grover's  Pub.  Life,  MS.,  96-7. 

23 '  He  was  a  man  of  such  impulsive,  harsh  traits,  that  he  would  often  carry 
college  feuds  to  extremities.  I  have  known  him  to  get  so  excited  in  recount 
ing  some  of  his  struggles,  that  he  would  take  a  chair  and  smash  it  all  to  pieces 
over  the  table,  evidenfly  to  exhaust  the  extra  amount  of  vitality.'  Id.,  94. 


116  A  DELEGATE  TO  CONGRESS. 

decided  to  take  his  chance  among  the  candidates,  with 
what  result  we  know.26 

The  first  we  hear  of  Thurston  in  his  character  of 
delegate  is  on  the  24th  of  January  1850,  when  he 
rose  in  the  house  and  insisted  upon  being  allowed  to 
make  an  explanation  of  his  position.  When  he  left 
Oregon,  he  said,  he  bore  a  memorial  from  the  legisla 
tive  assembly  to  congress  which  he  could  not  produce 
on  account  of  the  loss  of  his  baggage  on  the  Isthmus. 
But  since  he  had  not  the  memorial,  he  had  drawn  up 
a  set  of  resolutions  upon  the  subjects  embraced  in  the 
memorial,  which  he  wished  to  offer  and  have  referred 
to  their  appropriate  committees,  in  order  that  while 
the  house  might  be  engaged  in  other  matters  he 
might  attend  to  his  before  the  committees.  He  had 
waited,  he  said,  nearly  two  months  for  an  opportunity 
to  present  his  resolutions,  and  his  territory  had  not 
yet  been  reached  in  the  call  for  resolutions.  He 
would  detain  the  house  but  a  few  minutes,  if  he  might 
be  allowed  to  read  what  he  had  drawn  up.  On  leave 
being  granted,  he  proceeded  to  present,  not  an  abstract 
of  the  memorial,  which  has  been  given  elsewhere,  but 
a  series  of  questions  for  the  judiciary  committee  to 
answer,  in  reference  to  the  rights  of  the  Hudson's 
Bay  Company,  and  Puget  Sound  Agricultural  Associ 
ation.27  This  first  utterance  of  the  Oregon  delegate, 
when  time  was  so  precious  and  so  short  in  which  to 
labor  for  the  accomplishment  of  high  designs,  gives 
us  the  key  to  his  plan,  which  was  first  to  raise  the 
question  of  any  rights  of  British  subjects  to  Oregon 
lands  in  fee  simple  under  the  treaty,  and  then  to 
exclude  them  if  possible  from  the  privileges  of  the 
donation  law  when  it  should  be  framed.28 

26  Thurston  was  in  ill-health  when  he  left  Oregon.     He  travelled  in  a  small 
boat  to  Astoria,  taking  six  days  for  the  trip;  by  sailing  vessel  to  San  Francisco, 
and  to  Panama  by  the  steamer  Carolina,  being  ill  at  the  last  place,  yet  having 
to  ride  across  the  Isthmus,  losing  his  baggage  because  he  was  not  able  to  look 
after  the  thieving  carriers.     His  determination  and  ambition  were  remarkable. 
OdelVs  Biography  of  Thurston,  MS.,  56. 

27  For  the  resolutions  complete,  see  Cong.  Globe,  1849-50,  21,  pt.  i.  220. 

28  That  Thurston  exceeded  the  instructions  of  tjhe  legislative  assembly 
there  is  no  question.     See  Or.  Archives,  MS.,  185-6. 


IGNOBLE  MEASURES.  117 

The  two  months  which  intervened  between  Thurs- 
ton's  arrival  in  Washington  and  the  day  when  he  in 
troduced  his  resolutions  had  not  been  lost.  He  had 
studied  congressional  methods  and  proved  himself  an 
apt  scholar.  He  attempted  nothing  without  first  hav 
ing  tried  his  ground  with  the  committees,  and  pre 
pared  the  way,  often  with  great  labor,  to  final  success. 
On  the  6th  of  February,  further  resolutions  were 
introduced  inquiring  into  the  rights  of  the  Hudson's 
Bay  Company  to  cut  and  manufacture  timber  growing 
on  the  public  lands  of  Oregon,  and  particuarly  on 
lands  not  inclosed  or  cultivated  by  them  at  the  time 
of  the  ratification  of  the  Oregon  treaty;  into  the 
right  of  the  Puget  Sound  Agricultural  Company  to 
any  more  land  than  they  had  under  inclosure,  or  in  a 
state  of  actual  cultivation  at  that  time;  and  into  the 
right  of  the  Hudson's  Bay  Company,  under  the  sec 
ond  article  of  the  treaty,  or  of  British  subjects  trad 
ing  with  the  company,  to  introduce  through  the  port 
of  Astoria  foreign  goods  for  consumption  in  the  ter 
ritory  free  of  duty,29  which  resolutions  were  referred 
to  the  judiciary  committee.  On  the  same  day  he  in 
troduced  a  resolution  that  the  committee  on  public 
lands  should  be  instructed  to  inquire  into  the  expedi 
ency  of  reporting  a  bill  for  the  establishment  of  a 
land  office  in  Oregon,  and  to  provide  for  the  survey 
of  a  portion  of  the  public  lands  in  that  territory,  con 
taining  such  other  provisions-  and  restrictions  as  the 
committee  might  deem  necessary  for  the  proper  man 
agement  and  protection  of  the  public  lands.30 

In  the  mean  time  a  bill  was  before  the  senate  for 
the  extinguishment  of  the  Indian  title  to  land  west 
of  the  Cascade  Mountains.  This  was  an  important 
preliminary  step  to  the  passage  of  a  donation  act.31 

29  Cong.  Globe,  1849-60,  295. 

30 Id.,  295.  A  correspondent  of  the  New  York  Tribune  remarks  on 
Thurs  ton's  resolutions :  '  There  are  squalls  ahead  for  the  Hudson's  Bay 
Company.'  Or.  Spectator,  May  2,  1850. 

31  See  Or.  Spectator,  April  18,  1850;  31st  Cong.,  1st  Sess.,  U.  S.  Acts  and 
Res.,  26-7;  Johnson's  Cal.  and  Or.,  332;  Cong.  Globe,  1849-50,  1076-7;  Id., 
1610;  Or.  Spectator,  Aug.  8,  1850. 


118  A  DELEGATE  TO  CONGRESS. 

It  was  chiefly  suggested  by  Mr  Thurston,  and  was 
passed  April  22d  without  opposition.  Having  se 
cured  this  measure,  as  he  believed,  he  next  brought 
up  the  topics  embraced  in  the  last  memorial  on  which 
he  expected  to  found  his  advocacy  of  a  donation  law, 
and  embodied  them  in  another  series  of  resolutions, 
so  artfully  drawn  up32  as  to  compel  the  committee  to 
take  that  view  of  the  subject  most  likely  to  promote 
the  success  of  the  measure.  Not  that  there  was 
reason  to  fear  serious  opposition  to  a  law  donating  a 
liberal  amount  of  land  to  Oregon  settlers.  It  had  for 
years  been  tacitly  agreed  to  by  every  congress,  and 
could  only  fail  on  some  technicality.  But  to  get  up  a 
sympathetic  feeling  for  such  a  bill,  to  secure  to  Ore 
gon  all  and  more  than  was  asked  for  through  that 
feeling,  and  to  thereby  so  deserve  the  approval  of  the 
Oregon  people  as  to  be  reflected  to  congress,  was  the 
desire  of  Thurston's  active  and  ardent  mind.  And 
toward  this  aim  he  worked  with  a  persistency  that 
was  admirable,  though  some  of  the  means  resorted  to, 
to  bring  it  about,  and  to  retain  the  favor  of  the  party 
that  elected  him,  were  as  unsuccessful  as  they  were 
reprehensible. 

From  the  first  day  of  his  labors  at  Washington  this 
relentless  demagogue  acted  in  ceaseless  and  open  hos 
tility  to  every  interest  of  the  Hudson's  Bay  Company 
in  Oregon,  and  to  every  individual  in  any  way  con 
nected  with  it.33 

Thurston,  like  Thornton,  claimed  to  have  been  the 
author  of  the  donation  land  law.  I  have  shown  in  a 

32  Cong.  Globe,  1849-50,  413;  Or.  Statesman,  May  9,  1851. 

33  Here  is  a  sample  of  the  ignorance  or  mendacity  of  the  man,  whichever 
you  will.     A  circular  issued  by  Thurston  while  in  Washington  to  save  letter- 
writing,  says,  speaking  of  the  country  in  which  Vancouver  is  located:  'It 
was  formerly  called  Clarke  county;  but  at  a  time  when  British  sway  was  in 
its  palmy  days  in  Oregon,  the  county  was  changed  from  Clarke  to  Vancouver, 
iu  honor  of  the  celebrated  navigator,  and  no  less  celebrated  slanderer  of  our 
government  and  people.     Now  that  American  influence  rules  in  Oregon,  it  is 
due  to  the  hardy,  wayworn  American  explorer  to  realter  the  name  of  this 
county,  and  grace  it  again  with  the  name  of  him  whose  history  is  interwoven 
with  that  of  Oregon.     So  our  legislature  thought,  and  so  I  have  no  doubt 
they  spoke  and  acted  at  their  recent  session.'  Johnson's  Col.  and  Or.,  267. 
It  was  certainly  peculiar  to  hear  this  intelligent  legislator  talk  of  counties 


THE  DONATION  LAND  BILL.  119 

previous  chapter  that  a  bill  creating  the  office  of  sur 
veyor-general  in  Oregon,  and  to  grant  donation  rights 
to  settlers,  and  for  other  purposes,  was  before  congress 
in  both  houses  in  January  1848,  and  that  it  failed 
through  lack  of  time,  having  to  await  the  territorial 
bill  which  passed  at  the  last  moment.  Having  been 
crowded  out,  and  other  affairs  pressing  at  the  next 
session,  the  only  trace  of  it  in  the  proceedings  of  con 
gress  is  a  resolution  by  Collamer,  of  Vermont,  on  the 
25th  of  January  1849,  that  it  should  be  made  the 
special  order  of  the  house  for  the  first  Tuesday  of 
February,  when,  however,  it  appears  to  have  been 
forgotten;  and  it  was  not  until  the  22d  of  April  1850 
that  Mr  Fitch,  chairman  of  the  committee  on  territo 
ries,  again  reported  a  bill  on  this  subject.  That  the 
bill  brought  up  at  this  session  was  but  a  copy  of  the 
previous  one  is  according  to  usage;  but  that  Thurston 
had  been  at  work  with  the  committee  some  peculiar 
features  of  the  bill  show.34 

There  was  tact  and  diplomacy  in  Thurston's  char 
acter,  which  he  displayed  in  his  short  congressional 

in  Oregon  before  the  palmy  days  of  British  sway,  and  of  British  residents 
naming  counties  at  all.  While  Thurston  was  in  Washington,  the  postmaster- 
general  changed  the  name  of  the  postolfice  at  Vancouver  to  Columbia  City. 
Or.  Statexman,  May  28,  1851. 

34  Thornton  alleges  that  he  presented  Thurston  before  leaving  Oregon  with 
a  copy  of  his  bill,  Or.  Hist.,  MS.,  13,  and  further  that  '  the  donation  law  we 
now  have,  except  the  llth  section  and  one  or  two  unimportant  amendments, 
is  an  exact  copy  of  the  bill  I  prepared.'  Or.  Pioneer  Asso.  Trans.  1874,  94. 
Yet  when  Thurston  lost  his  luggage  on  the  Isthmus  he  lost  all  his  papers, 
and  could  not  have  made  an  '  exact  copy '  from  memory.  In  another  place  he 
says  that  before  leaving  Washington  he  drew  up  a  land  bill  which  he  sent  to 
Collamer  in  Vermont,  and  would  have  us  believe  that  this  was  the  iden 
tical  bill  which  finally  passed.  Not  knowing  further  of  the  bill  than  what 
was  stated  by  Thornton  himself,  I  would  only  remark  upon  the  evidence 
that  Collamer's  term  expired  before  1850,  though  that  might  not  have  pre 
vented  him  from  introducing  any  suggestions  of  Thornton's  into  the  bill 
reported  in  January  1849.  But  now  comes  Thornton  of  his  own  accord,  and 
admits  he  has  claimed  too  much.  He  did,  he  says,  prepare  a  territorial  and 
also  a  land  bill,  but  on  'further  reliction,  and  after  consulting  others,  I 
deemed  it  not  well  to  have  these  new  bills  offered,  it  having  been  suggested 
that  the  bills  already  pending  in  both  houses  of  congress  could  be  amended 
by  incorporating  into  them  whatever  there  was  in  my  bills  not  already  pro 
vided  for  in  the  bills  which  in  virtue  of  their  being  already  on  the  calendar 
would  be  reached  before  any  bills  subsequently  introduced.'  From  a  letter 
dated  August  8,  188:2,  which  is  intended  as  an  addendum  to  the  Or.  llit>t.t 
MS.,  of  Thornton. 


120  A  DELEGATE  TO  CONGRESS. 

career.  He  allowed  the  land  bill  to  drift  along,  mak 
ing  only  some  practical  suggestions,  until  his  resolu 
tions  had  had  time  to  sink  into  the  minds  of  members 
of  both  houses.  When  the  bill  was  well  on  its  way 
he  proposed  amendments,  such  as  to  strike  out  of 
the  fourth  section  that  portion  which  gave  every  set 
tler  or  occupant  of  the  public  lands  above  the  age  of 
eighteen  a  donation  of  three  hundred  and  twenty  acres 
of  land  if  a  single  man,  and  if  married,  or  becoming 
married  within  a  given  time,  six  hundred  and  forty 
acres,  one  half  to  himself  in  his  own  right,  and  the 
other  half  to  his  wife  in  her  own  right,  the  surveyor- 
general  to  designate  the  part  inuring  to  each;35  and 
to  make  it  read  "  that  there  shall  be,  and  hereby  is 
granted  to  every  white  male  settler,  or  occupant  of  the 
public  lands,  American  half-breeds  included,  members 
and  servants  of  the  Hudson's  Bay  and  Puget  Sound 
companies  excepted,"  etc. 

He  proposed  further  a  proviso  "that  every  foreigner 
making  claim  to  lands  by  virtue  of  this  act,  before 
he  shall  receive  a  title  to  the  same,  shall  prove  to 
the  surveyor-general  that  he  has  commenced  and  com 
pleted  his  naturalization  and  become  an  American 
citizen."  The  proviso  was  not  objected  to,  but  the 
previous  amendment  was  declared  by  Bowlin,  of  Mis 
souri,  unjust  to  the  retired  servants  of  the  fur  com 
pany,  who  had  long  lived  on  and  cultivated  farms. 
The  debate  upon  this  part  of  the  bill  became  warm, 
and  Thurston,  being  pressed,  gave  utterance  to  the 
following  infamous  lies: 

"This  company  has  been  warring  against  our  gov 
ernment  these  forty  years.  Dr  McLoughlin  has  been 
their  chief  fugleman,  first  to  cheat  our  government 
out  of  the  whole  country,  and  next  to  prevent  its 
settlement.  He  has  driven  men  from  claims  and  from 


35  This  was  the  principle  of  the  donation  law  as  passed.  The  surveyor- 
general  usually  inquired  of  the  wife  her  choice,  and  was  gallant  enough  to 
give  it  her;  hence  it  usually  happened  that  the  portion  having  the  dwelling 
and  improvements  upon  it  went  to  the  wife. 


THE  CHIEF  OF  LIARS.  121 

the  country  to  stifle  the  efforts  at  settlement.  In 
1845  he  sent  an  express  to  Fort  Hall,  eight  hundred 
miles,  to  warn  the  American  emigrants  that  if  they 
attempted  to  come  to  Willamette  they  would  all  be 
cut  off;  they  went,  and  none  were  cut  off.  .  .  I  was 
instructed  by  my  legislature  to  ask  donations  of  land 
to  American  citizens  only.  The  memorial  of  the 
Oregon  legislature  wras  reported  so  as  to  ask  dona 
tions  to  settlers,  and  the  word  was  stricken  out,  and 
citizens  inserted.  This,  sir,  I  consider  fully  bears  me 
out  in  insisting  that  our  public  lands  shall  not  be 
thrown  into  the  hands  of  foreigners,  who  will  not 
become  citizens,  and  who  sympathize  with  us  with 
crocodile  tears  only.36... I  can  refer  you  to  the  su 
preme  judge  of  our  territory37  for  proof  that  this  Dr 
McLouofhlin  refuses  to  file  his  intention  to  become  an 

O 

American  citizen.38  If  a  foreigner  would  bona  fide 
file  his  intentions  I  would  not  object  to  give  him  land. 
There  are  many  Englishmen,  members  of  the  Hudson's 

36 The  assertion  contained  in  this  paragraph  that  the  word  'settler' was 
altered  to  'citizen'  in  the  memorial  was  also  untrue.  I  have  a  copy  of  the 
memorial  signed  by  the  chief  cherk  of  both  the  house  and  council,  and  in 
scribed,  'Passed  July  26,  1849,'  in  which  congress  is  asked  to  make  a  grant  of 
640  acres  of  land  '  to  each  actual  settler,  including  widows  and  orphans. '  Or. 
Archives,  MS.,  177. 

37  Bryant  was  then  in  Washington  to  assist  in  the  missionary  scheme,  of 
which,  as  the  assignees  of  Abernethy,  both  he  and  Lane  were  abettors. 

88  Thurston  also  knew  this  to  be  untrue.  William  J.  Berry,  writing  in 
the  Spectator,  Dec.  26,  1850,  says:  'Now,  I  assert  that  Mr  Thurston  knew, 
previous  to  the  election,  that  Dr  McLoughlin  had  filed  his  intentions.  I 
heard  him  say,  in  a  stump  speech  at  the  City  Hotel,  that  he  expected  his  (the 
doctor's)  vote.  At  the  election  I  happened  to  be  one  of  the  judges.  Dr 
McLoughlin  came  up  to  vote;  the  question  was  asked  by  myself,  if  he  had 
filed  his  intentions.  The  clerk  of  the  court,  George  L.  Curry,  Esq. ,  who  was 
standing  near  the  window,  said  that  he  had.  He  voted.'  Says  McLoughlin: 
'I  declared  my  intention  to  become  an  American  citizen  on  the  30th  of  May, 
1849,  as  any  one  may  see  who  will  examine  the  records  of  the  court.'  Or. 
Spectator,  Sept.  12,  1850.  Waldo,  testifies:  'Thurston  lied  on  the  doctor. 
He  did  it  because  the  doctor  would  not  vote  for  him.  He  lied  in  congress, 
and  got  others  to  write  lies  from  here  about  him — men  who  knew  nothing 
about  it.  They  falsified  about  the  old  doctor  cheating  the  people,  setting  the 
Indians  on  them,  and  treating  them  badly.'  Critiques,  MS.,  15.  Says  Apple- 
gate:  'Thurston  asserted  among  many  other  falsehoods,  that  the  doctor  utterly 
refused  to  become  an  American  citizen,  and  Judge  Bryant  endorsed  the  asser 
tion.'  Historical  Correspondence,  MS.,  14.  Says  Grover:  'The  old  doctor 
was  looking  to  becoming  a  leading  American  citizen  until  this  difficulty  oc 
curred  in  regard  to  his  land.  He  had  taken  out  naturalization  papers.  All 
his  life  from  young  manhood  had  been  spent  in  the  north-west;  and  he  was 
not  going  to  leave  the  country.'  Public  Life  in  Or.,  MS.,  91. 


122  A  DELEGATE  TO  CONGRESS. 

Bay  Company,  who  would  file  their  intention  merely 
to  get  the  land,  and  then  tell  you  to  whistle.  Now, 
sir,  I  hope  this  house,  this  congress,  this  country,  will 
not  allow  that  company  to  stealthily  get  possession  of 
all  the  good  land  in  Oregon,  and  thus  keep  it  out 
of  the  hands  of  those  who  would  become  good  and 
worthy  citizens."  39 

Having  prepared  the  way  by  a  letter  to  the  house 
of  representatives  for  introducing  into  the  land  bill  a 
section  depriving  McLoughlin  of  his  Oregon  City 
claim,  which  he  had  the  audacity  to  declare  was  first 
taken  by  the  Methodist  mission,  section  eleventh  of 
the  law  as  it  finally  passed,  and  as  it  now  stands  upon 
the  sixty-eighth  page  of  the  General  Laws  of  Ore 
gon,  was  introduced  and  passed  without  opposition. 
Judge  Bryant  receiving  his  bribe  for  falsehood,  by 
the  reservation  of  Aberi>ethy  Island,  which  was  "con 
firmed  to  the  legal  assigns  of  the  Willamette  Milling 
and  Trading  Company,"  while  the  remainder,  except 
lots  sold  or  given  away  by  McLoughlin  previous  to 
the  4th  of  March  1849,  should  be  at  the  disposal  of 
the  legislative  assembly  of  Oregon  for  the  establish 
ment  and  endowment  of  a  university,  to  be  located 
not  at  Oregon  City,  but  at  such  place  in  the  territory 
as  the  legislature  might  designate.  Thus  artfully  did 
the  servant  of  the  Methodist  mission  strive  for  the 
ruin  of  McLoughlin  and  the  approbation  of  his  con 
stituents,  well  knowing  that  they  would  not  feel  so 
much  at  liberty  to  reject  a  bounty  to  the  cause  of 
education,  as  a  gift  of  any  other  kind.40 

39  Cong.  Globe,  1849-50,  1079. 

40  In  Thurston's  letter  to  the  house  of  representatives  he  appealed  to  them 
to  pass  the  land  bill  without  delay,  on  the  ground  that  Oregon  was  becoming 
depopulated  through  the  neglect  of  congress  to  keep  its  engagement.     The 
people  of  the  States  had,  he  declared,  lost  all  confidence  in  their  previous  belief 
that  a  donation  law  would  be  passed;  and  the  people  in  the  territory  were 
ceasing  to  improve,  were  going  to  California,  and  when  they  were  fortunate 
enough  to  make  any  money,  were  returning  to  the  Atlantic  States.     '  Our  pop 
ulation,'  he  said,  '  is  dwindling  away,  and  our  anxieties  and  fears  can  easily  be 
perceived.'    Of  the  high  water  of  1849-50,  which  carried  away  property  and 
damaged  mills  to  the  amount  of  about  §300,000,  he  said:  '  The  owners  who  have 
means  dare  not  rebuild  because  they  have  no  title.     Each  man  is  collecting 
his  means  in  anticipation  that  he  may  leave  the  country. '    And  this,  although 


OVERREACHED  HIMSELF.  123 

In  his  endeavor  to  accomplish  so  much  villany  the 
delegate  failed.  The  senate  struck  out  a  clause  in  the 
fourth  section  which  required  a  foreigner  to  emigrate 
from  the  United  States,  and  which  he  had  persuaded 
the  house  to  adopt  by  his  assertions  that  without  it 
the  British  fur  company  would  secure  to  themselves 
all  the  best  lands  in  Oregon.  Another  clause  insisted 
on  by  Thurston  when  he  found  he  could  not  exclude 
British  subjects  entirely,  was  that  a  foreigner  could 
not  become  entitled  to  any  land  notwithstanding  his 
intentions  were  declared,  until  he  had  completed  his 
naturalization,  which  would  require  two  years;  and 
this  was  allowed  to  stand,  to  the  annoyance  of  the 
Canadian  settlers  who  had  been  twenty  years  on  their 
claims.41  But  the  great  point  gained  in  Thurston's 
estimation  by  the  Oregon  land  bill  was  the  taking- 
away  from  the  former  head  of  the  Hudson's  Bay 
Company  of  his  dearly  bought  claim  at  the  falls  of 
the  Willamette,  where  a  large  portion  of  his  fortune 
was  invested  in  improvements.  The  last  proviso  of 
the  fourth  section  forbade  any  one  claiming  under  the 
land  law  to  claim  under  the  treaty  of  1846.  McLough- 
lin,  having  declared  his  intention  to  become  an  Ameri 
can  citizen  was  no  longer  qualified  to  claim  under  the 
treaty,  and  congress  having,  on  the  representations  of 
Thurston,  taken  from  McLoughlin  what  he  claimed 
under  the  land  law  there  was  left  no  recourse  what 
ever.42 

he  had  told  Johnson,  California,  and  Oregon,  which  see,  page  252,  exactly 
the  contrary.  See  Or.  Spectator,  Sept.  12th,  and  compare  with  the  following: 
There  were  38  mills  in  Oregon  at  the  taking  of  the  census  of  1850,  and  a  fair 
proportion  of  them  ground  wheat.  They  were  scattered  through  all  the 
counties  from  the  sound  to  the  head  of  the  Willamette  Valley.  Or.  Statesman, 
April  25,  1851;  and  with  this:  'The  census  of  1849  showed  a  population  of 
over  9,000,  about  2,000  being  absent  in  the  mines.  The  census  of  1850 
showed  over  13,000,  without  counting  the  large  immigration  of  that  year  or 
the  few  settlers  in  the  most  southern  part  of  Oregon.'  Or.  Statesman,  April 
10th  and  25,  1851. 

"  Cong.  Globe,  1849-50,  1853. 

42 Says  Applegate:  'It  must  have  excited  a  kind  of  fiendish  merriment  in 
the  hearts  of  Bryant  and  Thurston;  for  notwithstanding  their  assertions  to 
the  contrary,  both  well  knew  that  the  doctor  by  renouncing  his  allegiance  to 
Great  Britain  had  forfeited  all  claims  as  a  British  subject.'  Historical  Cor 
respondence,  MS.,  15. 


124  A  DELEGATE  TO  CONGRESS. 

I  have  said  that  Thurston  claimed  the  Oregon  land 
bill  as  his  own.  It  was  his  own  so  far  as  concerned 
the  amendments  which  damaged  the  interests  of  men 
in  the  country  whom  he  designated  as  foreigners,  but 
who  really  were  the  first  white  persons  to  maintain  a 
settlement  in  the  country,  and  who  as  individuals, 
were  in  every  way  entitled  to  the  same  privileges 
as  the  citizens  of  the  United  States,  and  who  had 
at  the  first  opportunity  offered  themselves  as  such. 
In  no  other  sense  was  it  his  bill.  There  was  not  an 
important  clause  in  it  which  had  not  been  in  contem 
plation  for  years,  or  which  was  not  suggested  by  the 
frequent  memorials  of  the  legislature  on  the  subject. 
He  worked  earnestly  to  have  it  pass,  for  on  it,  he 
believed,  hung  his  reelection.  So  earnestly  did  he 
labor  for  the  settlement  of  this  great  measure,  and  for 
all  other  measures  which  he  knew  to  be  most  desired, 
that  though  they  knew  he  was  a  most  selfish  and 
unprincipled  politician,  the  people  gave  him  their 
gratitude.43 

A  frequent  mistake  of  young,  strong,  talented,  but 
inexperienced  and  unprincipled  politicians,  is  that  of 
going  too  fast  and  too  far.  Thurston  was  an  exceed 
ingly  clever  fellow ;  the  measures  which  he  took  upon 
himself  to  champion,  though  in  some  respects  unjust 
and  infamous,  were  in  other  respects  matters  which  lay 
very  near  the  heart  of  the  Oregon  settler.  But  like 
Jason  Lee,  Thurston  overreached  himself.  The  good 
that  he  did  was  dimmed  by  a  sinister  shadow.  In 
September  a  printed  copy  of  the  bill,  containing  the 
obnoxious  eleventh  section,  with  a  copy  of  his  letter 
to  the  house  of  representatives,  and  other  like  matter, 
was  received  by  his  confidants,  together  with  an  in 
junction  of  secrecy  until  sufficient  time  should  have 

43Grover,  Public  Life  in  Oregon,  MS.,  98-9,  calls  the  land  bill  ' Thurston >s 
work,  based  upon  Linn's  bill;'  but  Grover  simply  took  Thurston's  word  for  it, 
he  being  then  a  young  man,  whom  Thurston  persuaded  into  going  to  Oregon. 
Johnson's  Gal.  and  Or.,  which  is,  as  to  the  Oregon  part,  merely  a  reprint  of 
Thurston's  papers,  calls  it  Thurston's  bill.  Hines,  Or.  and  Institutions,  does 
the  same;  but  any  one  conversant  with  the  congressional  and  legislative 
history  of  Oregon  knows  better. 


McLOUGHLIN'S  REPLY.  125 

passed  for  the  bill  to  become  a  law.44  When  the  vile 
injustice  to  John  McLoughlin  became  known,  those 
of  Thurston 's  friends  who  were  not  in  the  conspiracy 
met  the  charge  with  scornful  denial.  They  would  not 
believe  it.45  And  when  time  had  passed,  and  the  mat 
ter  became  understood,  the  feeling  was  intense.  Mc 
Loughlin,  as  he  had  before  been  driven  by  the  thrusts 
of  his  enemies  to  do,  replied  through  the  Spectator 
to  the  numerous  falsehoods  contained  in  the  letter.46 
He  knew  that  although  many  of  the  older  settlers 

44 '  Keep  this  still, '  writes  the  arch  schemer,  '  till  next  mail,  when  I  shall 
send  them  generally.  The  debate  on  the  California  bill  closes  next  Tuesday, 
when  I  hope  to  get  passed  my  land  bill;  keep  dark  'til  next  mail.  Thurston. 
June  9,  1850.'  Or.  Spectator,  Sept.  12,  1850. 

43  Wilson  Blain,  who  was  at  that  time  editor  of  the  Spectator,  as  Robert 
Moore  was  proprietor,  found  himself  unable  to  credit  the  rumor.  '  We  ven 
ture  the  assertion/  he  says,  '  that  the  story  was  started  by  some  malicious  or 
mischief -making  person  for  the  purpose  of  preventing  the  improvement  of 
Clackamas  rapids.'  Or.  Spectator,  Aug.  22/1850. 

46  '  He  says  that  I  have  realized,  up  to  the  4th  of  March  1849,  $200,000  from 
sale  of  lots;  this  is  also  wholly  untrue.  I  have  given  away  lots  to  the  Metho 
dists,  Catholics,  Presbyterians,  Congregationalists,  and  Baptists.  I  have 
given  eight  lots  to  a  Roman  Catholic  nunnery,  and  eight  lots  to  the  Clacka 
mas  Female  Protestant  seminary,  incorporated  by  the  Oregon  legislature. 
The  trustees  are  all  Protestants,  though  it  is  well  known  I  am  a  Roman 
Catholic.  In  short,  in  one  way  and  another  I  have  donated  to  the  county, 
to  schools,  to  churches,  and  private  individuals,  more  than  three  hundred 
town  lots,  and  I  never  realized  in  cash  $20,000  from  all  the  original  sales  I 
ever  made ...  I  was  a  chief  factor  in  the  Hudson's  Bay  Company  service,  and 
by  the  rules  of  the  company  enjoy  a  retired  interest,  as  a  matter  of  right. 
Capt.  McNeil,  a  native-born  citizen  of  the  United  States  of  America,  holds 
the  same  rank  that  I  held  in  the  Hudson's  Bay  Company's  service.  He  never 
was  required  to  become  a  British  subject;  he  will  be  entitled,  by  the  laws  of 
the  company,  to  the  same  retired  interest,  no  matter  to  what  country  he  may 
owe  allegiance. '  After  declaring  that  he  had  taken  out  naturalization  papers, 
and  that  Thurston  was  aware  of  it,  and  had  asked  him  for  his  vote  and  influ 
ence,  but  that  he  had  voted  against  him,  he  says:  '  But  he  proceeds  to  refer 
to  Judge  Bryant  for  the  truth  of  his  statement,  in  which  he  affirms  that  I 
assigned  to  Judge  Bryant  as  a  reason  why  I  still  refused  to  declare  my  inten 
tion  to  become  an  American  citizen,  that  I  could  not  do  it  without  prejudic 
ing  my  standing  in  England.  I  am  astonished  how  the  supreme  judge  could 
have  made  such  a  statement,  as  he  had  a  letter  from  me  pointing  out  that  I 
had  declared  my  intention  of  becoming  an  American  citizen.  The  cause 
which  led  to  my  writing  this  letter  is  that  the  island,  called  Abernethy's 
Island  by  Mr  Thurston,  and  which  he  proposes  to  donate  to  Mr  Abernethy, 
his  heirs  and  assigns,  is  the  same  island  which  Mr  Hathaway  and  others 
jumped  in  1841,  and  formed  themselves  into  a  joint  stock  company,  and 
erected  a  saw  and  grist-mill  on  it,  as  already  stated.  From  a  desire  to  pre 
serve  the  peace  of  the  country,  I  deferred  bringing  the  case  to  a  trial  'til  the 
government  extended  its  jurisdiction  over  the  country;  but  when  it  had  done 
so,  a  few  days  after  the  arrival  of  Judge  Bryant,  and  before  the  courts  were 
organized,  Judge  Bryant  bought  the  island  of  George  Abernethy,  Esq.,  who 
had  bought  the  stock  of  the  other  associates,  and  as  the  island  was  in  Judge 
Bryant's  district,  and  as  there  were  only  two  judges  in  the  territory,  I 


126  A  DELEGATE  TO  CONGRESS. 

understood  the  merits  of  the  case,  all  classes  were 
to  be  appealed  to.  There  were  those  who  had  no 
regard  for  truth  or  justice;  those  who  cared  more 
for  party  than  principle;  those  who  had  ignorantly 
believed  the  charges  made  against  him;  and  those 
who,  from  national,  religious,  or  jealous  feelings,  were 
united  in  a  crusade  against  the  man  who  represented 
in  their  eyes  everything  hateful  in  the  British  char 
acter  and  unholy  in  the  Catholic  religion,  as  well  as 
the  few  who  were  wilfully  conspiring  to  complete  the 
overthrow  of  this  British  Roman  Catholic  aristocrat. 
There  were  others  besides  McLouofhlin  who  felt 

O 

themselves  injured;  those  who  had  purchased  lots  in 
Oregon  City  since  the  4th  of  March  1849.  Notice 
was  issued  to  these  property-holders  to  meet  for  the 
purpose  of  asking  congress  to  confirm  their  lots  to 
them  also.  Such  a  meeting  was  held  on  the  19th  of 
September,  in  Oregon  City,  Andrew  Hood  being 
chairman,  and  Noyes  Smith  secretary.  The  meeting 
was  addressed  by  Thornton  and  Pritchett,  and  a 
memorial  to  congress  prepared,  which  set  forth  that 
the  Oregon  City  claim  was  taken  and  had  been  held 
in  accordance  with  the  laws  of  the  provisional  and 
territorial  governments  of  Oregon;  and  that  the 
memorialists  considered  it  as  fully  entitled  to  pro 
tection  as  any  other  claim;  no  intimation  to  the 
contrary  ever  having  been  made  up  to  that  time. 
That  under  this  impression,  both  before  and  since  the 
4th  of  March  1849,  large  portions  of  it,  in  lots  and 
blocks,  had  been  purchased  in  good  faith  by  many 
citizens  of  Oregon,  who  had  erected  valuable  buildings 
thereon,  in  the  expectation  of  having  a  complete  and 
sufficient  title  when  congress  should  grant  a  title  to 

thought  I  could  not  at  the  time  bring  the  case  to  a  satisfactory  decision.  I 
therefore  deferred  bringing  the  case  to  a  time  when  the  bench  would  be  full . . . 
Can  the  people  of  Oregon  City  believe  that  Mr  Thurston  did  not  know,  some 
months  before  he  left  this,  that  Mr  Abernethy  had  sold  his  rights,  whatever 
they  were,  to  Judge  Bryant,  and  therefore  proposing  to  congress  to  donate 
this  island  to  Mr  Abernethy,  his  heirs  and  assigns,  was  in  fact,  proposing  to 
donate  it  to  Judge  Bryant,  his  heirs  and  assigns.'  Or.  Spectator,  Sept.  12, 
1850. 


OREGON  CITY  CLAIM.  127 

the  original  occupant.  That  since  the  date  mentioned, 
the  occupant  of  the  claim  had  donated  for* county, 
educational,  charitable,  and  religious  purposes  more 
than  two  hundred  lots,  which,  if  the  bill  pending 
should  pass,  would  be  lost  to  the  public,  as  well  as  a 
great  loss  sustained  by  private  individuals  who  had 
purchased  property  in  good  faith.  They  therefore 
prayed  that  the  bill  might  not  pass  in  its  present 
form,  believing  that  it  would  work  a  "severe,  inequi 
table,  unnecessary,  and  irremediable  injustice."  The 
memorial  was  signed  by  fifty-six  persons,47  and  a  reso 
lution  declaring  the  selection  of  the  Oregon  City 
claim  for  reservation  uncalled  for  by  any  consider 
able  portion  of  the  citizens  of  the  territory,  and  as 
invidious  and  unjust  to  McLoughlin,  was  offered  by 
Wait  and  adopted,  followed  by  another  by  Thorn 
ton  declaring  that  the  gratitude  of  multitudes  of 
people  in  Oregon  was  due  to  John  McLoughlin  for 
assistance  rendered  them.  In  some  preliminary  re 
marks,  Thornton  referred  to  the  ingratitude  shown 
their  benefactor,  by  certain  persons  who  had  not  paid 
their  debts  to  McLoughlin,  but  who  had  secretly 
signed  a  petition  to  take  away  his  property.  Mc 
Loughlin  also  refers  to  this  petition  in  his  newspaper 
defence;  but  if  there  was  such  a  petition  circulated 
or  sent  it  does  not  appear  in  any  of  the  public  docu 
ments,  and  must  have  been  carefully  suppressed  by 
Thurston  himself,  and  only  used  in  the  committee 
rooms  of  members  of  congress.48 

47  The  names  of  the  signers  were:   Andrew  Hood,  Noyes  Smith,  Forbes 
Barclay,  A.  A.  Skinner,  James  D.  Holman,  W.  C.  Holman,  J.  Quinn  Thorn 
ton,  Walter  Pomeroy,  A.  E.  Wait,  Joseph  0.  Lewis,  James  M.  Moore,  Robert 
Moore,  R.  R.  Thompson,  George  H.  Atkinson,  M.  Crawford,  Wm.  Hood, 
Thomas  Lowe,  Wm.  B.  Campbell,  John  Fleming,  G.  Hanan,  Robert  Canfield, 
Alex.  Brisser,  Samuel  Welch,  Gustavus  A.  Cone,  Albert  Gaines,    W.  H. 
Tucker,  Arch.  McKinlay,  Richard  McMahon,  David  Burnsides,  Hezekiah 
Johnson,  P.  H.  Hatch,  J.  L.  Morrison,  Joseph  Parrott,  Ezra  Fisher,  Geo.  T. 
Allen,  L.  D.  C.  Latourette,  D.  D.  Tompkins,  Wm.  Barlow,  Amory  Holbrook, 
Matthew  Richardson,  John  McClosky,  Wm.  Holmes,  H.  Burns,  Wm.  Chap 
man,  Wm.  K.  Kilborn,  J.  R.   Ralston,  B.  B.  Rogers,  Chas.  Friedenberg, 
Abraham  Wolfe,  Samuel  Vance,  J.  B.  Backenstos,  John  J.  Chandler.  S.  W. 
Moss,  James  Winston  Jr.,  Septimus  Huelot,  Milton  Elliott.  Or.  Spectator, 
Sept.  26,  1850. 

48  Considering  the  fact  that  Thornton  had  been  in  the  first  instance  the 


128  A  DELEGATE  TO  CONGRESS. 

Not  long  after  the  meeting  at  Oregon  City,  a  pub 
lic  gathering  of  about  two  hundred  was  convened  at 
Salem  for  the  purpose  of  expressing  disapproval  of  the 
resolutions  passed  at  the  Oregon  City  meeting,  and 
commendation  of  the  cause  of  the  Oregon  delegate.*9 

In  November  a  meeting  was  held  in  Linn  county 
at  which  resolutions  were  passed  endorsing  Thurston 
and  denouncing  McLoughlin.  Nor  were  there  want 
ing  those  who  upheld  the  delegate  privately,  and  who 
wrote  approving  letters  to  him,  assuring  him  that  he 
was  losing  no  friends,  but  gaining  them  by  the  score, 
and  that  his  course  with  regard  to  the  Oregon  City 
claim  would  be  sustained.50 

Mr  Thurston  has  been  since  condemned  for  his 
action  in  the  matter  of  the  Oregon  City  claims.  But 
even  while  the  honest  historian  must  join  in  reprobat- 

unsuccessf  ul  agent  of  the  leading  missionaries  in  an  effort  to  take  away  the  claim 
of  McLoughlin,  it  might  be  difficult  to  understand  how  he  could  appear  in  the 
role  of  the  doctor's  defender.  But  ever  since  the  failure  of  that  secret  mission 
there  had  been  a  coolness  between  Abernethy  and  his  private  delegate,  who, 
now  that  he  had  been  superseded  by  a  bolder  and  more  fortunate  though  no 
less  unscrupulous  man,  had  publicly  espoused  the  cause  of  the  victim  of  all 
this  plotting,  who  still,  it  was  supposed,  had  means  enough  left  to  pay  for  the 
legal  advice  he  was  likely  to  need,  if  ever  he  was  extricated  from  the  anomalous 
position  into  which  he  would  be  thrown  by  the  passage  of  the  Oregon  land  bill. 
His  affectation  of  proper  sentiment  imposed  upon  McLoughlin,  who  gave  him 
employment  for  a  considerable  time.  As  late  as  1870,  however,  this  doughty 
defender  of  the  just,  on  the  appearance  in  print  of  Mrs  Victor's  River  of  the 
West,  in  which  the  author  gives  a  brief  statement  of  the  Oregon  City  claim 
case,  having  occasion  at  that  time  to  court  the  patronage  of  the  Methodist 
church,  made  a  violent  attack  through  its  organ,  the  Pacific  Christian  Advo 
cate,  upon  the  author  of  that  book  for  taking  the  same  view  of  the  case  which 
is  announced  in  the  resolution  published  under  his  own  name  in  the  Spectator 
of  September  26,  1850.  But  not  having  ever  been  able  to  regain  in  the  church 
a  standing  which  could  be  made  profitable,  and  finding  that  history  would 
vindicate  the  right,  he  has  made  a  request  in  his  autobiography  that  the  fact 
of  his  having  been  McLoughlin's  attorney  should  be  mentioned,  '  in  justice  to 
the  doctor!'  It  will  be  left  for  posterity  to  judge  whether  Thornton  or 
McLoughlin  was  honored  by  the  association. 

49  William  Shaw,  a  member  of  the  committee  framing  these  resolutions, 
says,  in  his  Pioneer  Life,  MS.,  14-15:  'I  came  here,  to  Oregon  City,  and 
spent  what  money  I  had  for  flour,  coffee,  and  one  thing  and  another;  and  I 
went  back  to  the  Hudson's  Bay  Company  and  bought  1,000  pounds  of  flour 
from  Douglass.     I  was  to  pay  him  for  it  after  I  came  into  the  Valley.     He 
trusted  me  for  it,  although  he  had  never  seen  me  before.     I  took  it  up  to  the 
Dalles  and  distributed  it  among  the  emigrants. '     W.  C.  Rector  has,  in  later 
years,  declared  that  McLoughlin  was  the  father  of  Oregon.    McLoughlin  little 
understood  the  manner  in  which  public  sentiment  is  manufactured  for  party 
or  even  for  individual  purposes,  when  he  exclaimed  indignantly:   '  No  man 
could  be  found  to  assert '  that  he  had  done  the  things  alleged. 

50  Udell's  Biog.  of  Thurston,  MS.,  26. 


UPHOLDING  THE  WRONG.  129 

ing  his  unscrupulous  sacrifice  of  truth  to  secure  his 
object,  the  people  then  in  Oregon  should  be  held  as 
deserving  of  a  share  in  the  censure  which  has  attached 
to  him.  His  course  had  been  marked  out  for  him  by 
those  who  stood  high  in  society,  and  who  were  leaders 
of  the  largest  religious  body  in  Oregon.  He  had  been 
elected  by  a  majority  of  the  people.  The  people  had 
been  pleased  and  more  than  pleased  with  what  he  had 
done.  When  the  alternative  had  been  presented  to 
them  of  condemning  or  endorsing  him  for  this  single 
action,  their  first  impulse  was  to  sustain  the  man  who 
had  shown  himself  their  faithful  servant,  even  in  the 
wrong,  rather  than  have  his  usefulness  impaired.  Al 
most  the  only  persons  to  protest  against  the  robbery 
of  McLoughlin  were  those  who  were  made  to  suffer 
with  him.  All  others  either  remained  silent,  or  wrote 
encouraging  letters  to  Thurston,  and  as  Washington 
was  far  distant  from  Oregon  he  was  liable  to  be  de 
ceived.51 

When  the  memorial  and  petition  of  the  owners  of 
lots  in  Oregon  City,  purchased  since  the  4th  of  March 
1849,  came  before  congress,  there  was  a  stir,  because 
Thurston  had  given  assurances  that  he  was  acting 
in  accordance  with  the  will  of  the  people.  But  the 
memorialists,  with  a  contemptible  selfishness  not  unu 
sual  in  mankind,  had  not  asked  that  McLoughlin's 
claim  might  be  confirmed  to  him,  but  only  that  their 
lots  might  not  he  sacrificed. 

Thurston  sought  everywhere  for  support.  While 
in  Washington  he  wrote  to  Wyeth  for  testimony 
against  McLoughin,  but  received  from  that  gentleman 
only  the  warmest  praise  of  the  chief  factor.  Sus 
pecting  Thurston's  sinister  design  Wyeth  even  wrote 

51  Thornton  wrote  several  articles  in  vindication  of  McLoughlin's  rights; 
but  he  was  employed  by  the  doctor  as  an  attorney.  A.  E.  Wait  also  denounced 
Thurston's  course;  but  he  also  was  at  one  time  employed  by  the  doctor. 
Wait  said :  '  I  believed  him  (Thurston)  to  be  strangely  wanting  in  discretion; 
morally  and  politically  corrupt;  towering  in  ambition,  and  unscrupulous  of 
the  means  by  which  to  obtain  it;  fickle  and  suspicious  in  friendship;  implaca 
ble  and  revengeful  in  hatred,  vulgar  in  speech,  and  prone  to  falsehood. '  Or. 
Spectator,  March  20,  1851. 

HIST.  OB.,  VOL.  II.    9 


130  A  DELEGATE  TO  CONGRESS. 

to  Winthrop,  of  Massachusetts,  cautioning  him  against 
Thurston's  misrepresentations.  Then  Thurston  pre 
pared  an  address  to  the  people  of  Oregon,  covering 
sixteen  closely  printed  octavo  pages,  in  which  he  re 
counts  his  services  and  artifices. 

With  no  small  cunning  he  declared  that  his  reason 
for  not  asking  congress  to  confirm  to  the  owners  lots 
purchased  or  obtained  of  McLoughlin  after  the  4th 
of  March,  1849,  was  because  he  had  confidence  that 
the  legislative  assembly  would  do  so;  adding  that  the 
bill  was  purposely  so  worded  in  order  that  McLough 
lin  would  have  no  opportunity  of  transferring  the 
property  to  others  who  would  hold  it  for  him.  Thus 
careful  had  he  been  to  leave  no  possible  means  by 
which  the  man  who  had  founded  and  fostered  Oregon 
City  could  retain  an  interest  in  it.  And  having  openly 
advocated  educating  the  youth  of  Oregon  with  the 
property  wrested  from  the  venerable  benefactor  of 
their  fathers  and  mothers,  he  submitted  himself  for 
reelection,52  while  the  victim  of  missionary  and  per 
sonal  malice  began  the  painful  and  useless  struggle  to 
free  himself  from  the  toils  by  which  his  enemies  had 
surrounded  him,  and  from  which  he  never  escaped  dur 
ing  the  few  remaining  years  of  his  life.53 

52  Address  to  the  Electors,  12. 

63  McLoughlin  died  September  3,  1857,  aged  73  years.  He  was  buried  in 
the  enclosure  of  the  Catholic  church  at  Oregon  City;  and  on  his  tombstone,  a 
plain  slab,  is  engraved  the  legend:  'The  Pioneer  and  Friend  of  Oregon;  also 
The  Founder  of  this  City. '  He  laid  his  case  before  congress  in  a  memorial, 
with  all  the  evidence,  but  in  vain.  Lane,  who  was  then  in  that  body  as  a 
delegate  from  Oregon,  and  who  was  personally  interested  in  defeating  the 
memorial,  succeeded  in  doing  so  by  assertions  as  unfounded  as  those  of 
Thurston.  This  blunt  old  soldier,  the  pride  of  the  people,  the  brave  killer  of 
Indians,  turned  demagogue  could  deceive  and  cheat  with  the  best  of  them. 
See  Cong.  Globe,  1853-4,  1080-82,  and  Letter  of  Dr  AfcLonghlin,  in  Portland 
Oreijonian,  July  22,  1854.  Toward  the  close  of  his  life  McLoughlin  yielded 
to  the  tortures  of  disease  and  ingratitude,  and  betrayed,  as  he  had  never  done 
before,  the  unhappiness  his  enemies  had  brought  upon  him.  Shortly  before 
his  death  he  said  to  Grover,  then  a  young  man :  'I  shall  live  but  a  little  while 
longer;  and  this  is  the  reason  that  I  sent  for  you.  I  am  an  old  man  and  just 
dying,  and  you  are  a  young  man  and  will  live  many  years  in  this  country. 
As  for  me,  I  might  better  have  been  shot' — and  he  brought  it  out  harshly — 
'like  a  bull;  I  might  better  have  been  shot  forty  years  ago !'  After  a  silence, 
for  I  did  not  say  anything,  he  concluded,  '  than  to  have  lived  here,  and  tried 
to  build  up  a  family  and  an  estate  in  this  government.  I  became  a  citizen  of 
the  United  States  in  good  faith.  I  planted  all  I  had  here,  and  the  govern- 


DEATH  OF  McLOUGHLIN.  131 

When  the  legislative  assembly  met  in  the  autumn 
of  1850  it  complied  with  the  suggestion  of  Thurston, 
so  far  as  to  confirm  the  lots  purchased  since  March 
1849  to  their  owners,  by  passing  an  act  for  that  pur 
pose,  certain  members  of  the  council  protesting.5*  This 
act  was  of  some  slight  benefit  to  McLoughlin,  as  it 
stopped  the  demand  upon  him,  by  people  who  had 
purchased  property,  to  have  their  money  returned.55 
Further  than  this  they  refused  to  go,  not  having  a 
clear  idea  of  their  duty  in  the  matter.  They  neither 
accepted  the  gift  nor  returned  it  to  its  proper  owner, 
and  it  was  not  until  1852,  after  McLoughlin  had  com 
pleted  his  naturalization,  that  the  legislature  passed 
an  act  accepting  the  donation  of  his  property  for  the 
purposes  of  a  university.56  Before  it  was  given  back 
to  the  heirs  of  McLoughlin,  that  political  party  to 
which  Thurston  belonged,  and  which  felt  bound  to 
justify  his  acts,  had  gone  out  of  power  in  Oregon. 
Since  that  time  many  persons  have,  like  an  army  in 
a  wilderness  building  a  monument  over  a  dead  com 
rade  by  casting  each  a  stone  upon  his  grave,  placed 
their  tribute  of  praise  in  my  hands  to  be  built  into 

ment  has  confiscated  my  property.  Now  what  I  want  to  ask  of  you  is,  that 
you  will  give  your  influence,  after  I  am  dead,  to  have  this  property  go  to  my 
children.  I  have  earned  it,  as  other  settlers  have  earned  theirs,  and  it  ought 
to  be  mine  and  my  heirs'.'  'I  told  him,'  said  Grover,  'I  would  favor  his 
request,  and  I  always  did  favor  it;  and  the  legislature  finally  surrendered  the 
property  to  his  heirs.'  Pub.  Life,  MS.,  88-90. 

51  Waymire  and  Miller  protested,  saying  that  it  was  not  in  accordance 
with  the  object  of  the  donation,  and  was  robbing  the  university;  that  the 
assembly  were  only  agents  in  trust,  and  had  no  right  to  dispose  of  the  prop 
erty  without  a  consideration.  Or.  Spectator,  Feb.  13,  1851. 

55  'My  father  paid  back  thousands  of  dollars,'  says  Mrs  Harvey.  Life  of 
McLoughlin,  MS.,  38. 

56  The  legislature  of  1852  accepted  the  donation.     In  1853-4  a  resolution 
was  offered  by  Orlando  Humason  thanking  McLoughlin  for  his  generous  con 
duct  toward  the  early  settlers;  but  as  it  was  not  in  very  good  taste  wrongfully 
to  keep  a  man's  property  while  thanking  him  for  previous  favors,  the  reso 
lution  was  indefinitely  postponed.     In  1855-6  a  memorial  was  drawn  up  by 
the  legislature  asking  that  certain  school  lands  in  Oregon  City  should  ba 
restored  to  John  McLoughlin,  and   two   townships  of  land  in  lieu  thereof 
should  be  granted  to  the  university.  Salem,  Or.  Statesman,  Jan  29th  and  Feb. 
5,  1856.     Nothing  was  done,  however,  for  the  relief  of  McLoughlin  or  his 
heirs  until  1862,  when  the  legislature  conveyed  to  the  latter  for  the  sum  of 
$1,000  the  Oregon  City  claim;  but  the  long  suspension  of  the  title  had  driven 
money  seeking  investment  away  from  the  place  and  materially  lessened  its 
value. 


132  A  DELEGATE  TO  CONGRESS. 

the  monument  of  history  testifying  one  after  another 
to  the  virtues,  magnanimity,  and  wrongs  of  John  Mc- 
Loughlin.57 

Meanwhile,  and  though  reproved  by  the  public 
prints,  by  the  memorial  spoken  of,  and  by  the  act  of 
the  legislature  in  refusing  to  sanction  so  patent  an 
iniquity,53  the  Oregon  delegate  never  abated  his  in 
dustry,  but  toiled  on,  leaving  no  stone  unturned  to 
secure  his  reelection.  He  would  compel  the  appro 
bation  and  gratitude  of  his  constituency,  to  whom  he 
was  ever  pointing  out  his  achievements  in  their  be 
half.59  The  appropriations  for  Oregon,  besides  one 
hundred  thousand  dollars  for  the  Cayuse  war  ex 
penses,  amounted  in  all  to  one  hundred  and  ninety 
thousand  dollars.60 

57  McKinlay,  his  friend  of  many  years,  comparing  him  with  Douglas, 
remarks  that  McLoughlin's  name  will  go  down  from  generation  to  generation 
when  Sir  James  Douglas'  will  be  forgotten,  as  the  maker  of  Oregon,  and  one 
of  the  best  of  men.   Compton's  Forts  and  Fort  Life,  MS.,  2.     Finlayson  says 
identically  the  same  in  Vane.  hi.  and  N.  W.  Coast,  MS.,  28-30.     There  are 
similar  observations  in  Minto's  Early  Days,  MS. ,  and  in  Waldo's  Critiques, 
MS.;  Brown's  Willamette  Valley,  MS.;  Par  risk's  Or.  Anecdotes,  MS.;  Joseph 
Watt,  in  Palmer's  Wa<jon  Trains,  MS.;  Rev.  Geo.  H.  Atkiuson,  in  Ore<jon 
Colonisf,  5;  M.  P.  Deady,  in  Or.  Pioneer  Assoc.,  Trans.,  187"),  18;  W.  H.  Ree.\ 
Id.,  1879,  31;  Graver's  Public  Life  in  Or.,  MS.,  86-92;  Ford's  Roadmakers, 
MS.;    Crawford's   Missionaries,  MS.;   Moss'  Pioneer   Times,  MS.;    Burnett's 
Reflections,  MS.,  i.  91-4,  273-4,  298,  301-3;  Mrs  E.  M.  Wilson,  in  Oregon 
Sketches,  MS.,  19-21;  Blanchet'sCath.  Ch.  in  Or.,  71;  Chadwick's  Pub.  Records, 
MS.,  4-5;  H.  H.  Spalding,  in  27th  Cong.,  ZdSess.,  830,  57;  Ebbert's  Trapper's 
Life,  MS.,  36-7;  Petti/grove's  Oregon,  MS.,  1-2,  5-6;  Lovejoy's  Portlan  ',  MS., 
37;  Anderson's  Hist.  'N.  W.  Coast.,  MS.,  15-16;   Applegate's  Views  of  Jlixt., 
MS.,  12,  15-16;  Id.,  in  Saxon's  Or.  Ter.,  131-41;  C.  Lancaster,  in  Cong.  Globe, 
1853-4,  1080,  and  others  already  quoted. 

58  Or.  Spectator,  Dec.  19  and  26,  1850. 

59  W.  W.  Buck,  who  was  a  member  of  the  council,  repudiated  the  idea 
that  Oregon  was  indebted  to  Thurston  for  the  donation  law,  which  Linn  and 
Benton  had  labored  for  long  before,  and  asserted  that  he  had  found  congress 
ready  and  willing  to  bestow  the  long  promised  bounty.     And  as  to  the  appro 
priations  obtained,  they  were  no  more  than  other  territories  east  of  the  moun 
tains  had  received. 

60  The  several  amounts  were,  $20,000  for  public  buildings;  $20,000  for  a 
penitentiary;  $53,140  for  lighthouses  at  Cape  Disappointment,  Cape  Flattery, 
and  New  Dungeness,  and  for  buoys  at  the  mouth  of  the  Columbia  River; 
$25,000  for  the   purposes  of  the  Indian  bill;    $24,000  pay  for  legislature, 
clerks'  hire,  office  rents,  etc;  $15,000  additional  Indian  fund;   $10,000  de 
ficiency  fund  to  make  up  the  intended  appropriation  of   1848,  which  had 
merely  paid  the  expenses  of  the  nlessengers,  Thornton  and  Meek;  $10,000  for 
the  pay  of  the  superintendent  of  Indian  affairs,  his  clerks,  office  rent,  etc. ; 
$10,500,  salaries  for  the  governor,  secretary,  and  judges;  $1,500  for  taking 


PERSISTENT  EFFORT.  133 

Mr  Thurston  set  an  example,  which  his  immediate 
successors  were  compelled  to  imitate,  of  complete  con 
formity  to  the  demands  of  the  people.  He  aspired  to 
please  all  Oregon,  and  he  made  it  necessary  for  those 
who  came  after  him  to  labor  for  the  same  end.  It 
was  a  worthy  effort  when  not  carried  too  far;  but  no 
man  ever  yet  succeeded  for  any  length  of  time  in  act 
ing  upon  that  policy;  though  there  have  been  a  few 
who  have  pleased  all  by  a  wise  independence  of  all. 
In  his  ardor  and  inexperience  he  went  too  far.  He 
not  only  published  a  great  deal  of  matter  in  the  east 
to  draw  attention  to  Oregon,  much  of  which  was  cor 
rect,  and  some  of  which  was  false,  but  he  wrote 
letters  to  the  people  of  Oregon  through  the  Specta 
tor™  showing  forth  his  services  from  month  to  month, 
and  giving  them  advice  which,  while  good  in  itself, 
was  akin  to  impudence  on  the  part  of  a  young  man 
whose  acquaintance  with  the  country  was  of  recent 
date.  But  this  was  a  part  of  the  man's  temperament 
and  character. 

Congress  passed  a  bounty  land  bill,  giving  one 
hundred  and  sixty  acres  to  any  officer  or  private  who 
had  served  one  year  in  any  Indian  war  since  1790, 
or  eighty  acres  to  those  who  had  served  six  months. 
This  bill  might  be  made  to  apply  to  those  who  had 
served  in  the  Cayuse  war,  and  a  bill  to  that  effect 
was  introduced  by  Thurston's  successor;  but  Thurston 
had  already  thought  of  doing  something  for  the  old 
soldiers  of  1812  and  later,  many  of  whom  were  set 
tlers  in  Oregon,  by  procuring  the  passage  of  a  bill 
establishing  a  pension  agency.62 

He  kept  himself  informed  as  well  as  he  could  of 
everything  passing  in  Oregon,  and  expressed  his  ap 
proval  whenever  he  could.  He  complimented  the 

the  census;  $1,500  contingent  fund;  and  a  copv  of  the  exploring  expedition 
for  the  territorial  library.  31st  Cong.,  1st  Sees".,  U.  S.  Acts  and  Res.,  13,  27, 
28,  31,  72,  111,  159-60,  192,  198;  Or.  Spectator,  Aug.  8th  and  22d,  and  Oct. 

'6lOr.  Spectator,  from  Sept.  26th  to  Oct.  17,  1850. 

62  Cong.  Globe,  1849-50,  564.  Theophilus  Magruder  was  appointed  pension 
agent.  Or.  Spectator,  July  25,  1850. 


134  A  DELEGATE  TO  CONGRESS. 

school  superintendent,  McBride,  on  the  sentiments 
uttered  in  his  report.  He  wrote  to  William  Meek  of 
Milwaukie  that  he  was  fighting  hard  to  save  his  land 
claim  from  being  reserved  for  an  ordnance  depot. 
He  procured,  unasked,  the  prolongation  of  the  legisla 
tive  session  of  1850  from  sixty  to  ninety  days,  for 
the  purpose  of  giving  the  assembly  time  to  perfect  a 
good  code,  and  also  secured  an  appropriation  sufficient 
to  meet  the  expense  of  the  long  session.63  He  secured, 
when  the  cheap  postage  bill  was  passed,  the  right  of 
the  Pacific  coast  to  a  rate  uniform  with  the  Atlantic 
states,  whereas  before  the  rate  had  been  four  times  as 
high;  and  introduced  a  bill  providing  a  revenue  cutter 
for  the  district  of  Oregon,  and  for  the  establishment  of 

O          ' 

a  marine  hospital  at  Astoria;  presented  a  memorial 
from  the  citizens  of  that  place  asking  for  an  appropria 
tion  of  ten  thousand  dollars  for  a  custom-house;  and 
a  bill  to  create  an  additional  district,  besides  applica 
tion  for  additional  ports  of  entry  on  the  southern 
coast  of  Oregon. 

In  regard  to  the  appropriation  secured  of  $100,000 
for  the  Cayuse  war,  instead  of  $150,000  asked  for, 
Thurston  said  he  had  to  take  that  or  nothing.  No 
money  was  to  be  paid,  however,  until  the  evidence 
should  be  presented  to  the  secretary  of  the  treasury 
.that  the  amount  claimed  had  been  expended.64 

This  practically  finished  Mr  Thurston's  work  for 
the  session,  and  he  so  wrote  to  his  constituents.  The 
last  of  the  great  measures  for  Oregon,  he  said,  had 
been  consummated;  but  they  had  cost  him  dearly,  as 
his  impaired  health  fearfully  admonished  him.  But 
he  declared  before  God  and  his  conscience  he  had 
done  all  that  he  could  do  for  Oregon,  and  with  an  eye 
single  to  her  interests.  He  rejoiced  in  his  success; 

63 Id.,  Oct.  10,  1850;  Slat  Conrj.,  1st  Sess.,  U.  S.  Acts  and  Res.,  31. 

64  A  memorial  was  received  from  the  Oregon  legislature  after  the  passage 
of  the  bill  dated  Dec.  3,  1850,  giving  the  report  of  A.  E.  Wait,  commis 
sioner,  stating  that  he  had  investigated  and  allowed  340  claims,  amounting  in 
all  to  $87,230.53;  and  giving  it  as  his  opinion  that  the  entire  indebtedness 
would  amount  to  about  $150,000.  31st  Cong.,  2d  Sess.,  Sen.  Misc.  Doc.  29,  3-11. 


DECLINE  OF  INFLUENCE.  135 

and  though  slander  might  seek  to  destroy  him,  it 
could  not  touch  the  destiny  of  the  territory.65 

Between  the  time  of  the  receipt  of  the  first  copy 
of  the  land  bill  and  the  writing  of  this  letter  partisan 
feeling  had  run  high  in  Oregon,  and  the  newspapers 
were  filled  with  correspondence  on  the  subject.  Much 
of  this  newspaper  writing  would  have  wounded  the 
delegate  deeply,  but  he  was  spared  from  seeing  it  by 
the  irregularity  and  insufficiency  of  the  mail  trans 
portation,66  which  brought  him  no  Oregon  papers  for 
several  months. 

It  soon  became  evident,  notwithstanding  the  first 
impulse  of  the  people  to  stand  by  their  delegate,  that 
a  reaction  was  taking  place,  and  the  more  generous- 
minded  were  ashamed  of  the  position  in  which  the 
eleventh  section  of  the  land  bill  placed  them  in  the 
eyes  of  the  world ;  that  with  the  whole  vast  territory 
of  Oregon  wherein  to  pick  and  choose  they  must 
needs  force  an  old  man  of  venerable  character  from 
his  just  possessions  for  the  un-American  reason  that 
he  was  a  foreigner  born,  or  had  formerly  been  the 
honored  head  of  a  foreign  company.  It  was  well  un 
derstood,  too,  whence  came  the  direction  of  this  vin 
dictive  action,  and  easily  seen  that  it  would  operate 
against  the  real  welfare  of  the  territory. 

The  more  time  the  people  had  in  which  to  think 
over  the  matter,  the  more  easily  were  they  convinced 
that  there  were  others  who  could  fill  Thurston's  place 
without  detriment  to  the  public  interests.  An  in 
formal  canvass  then  began,  in  which  the  names67  of 

65  Or.  Spectator,  April  3,  1851.     The  appropriations  made  at  the  second 
session  of  the  31st  Congress  for  Oregon  were'  for  the  expenses  of  the  territory 
$30,000;  for  running  base  and  meridian  lines,  $9,000;  for  surveying  in  Ore 
gon,  $51,840;  for  a  custom-house,  $10,000;  for  a  light-house  and  fog-signal  at 
Umpqua  River,  $15,000;  for  fog-signals  at  the  light-houses  to  be  erected  at 
Disappointment,  Flattery,  and  New  Dungeness,  $3,000. 

66  Writing  Jan.  8th,  he  says:  'September  is  the  latest  date  of  a  paper  I  have 
seen.     I  am  uninformed  as  yet  what  the  cause  is,  only  from  what  I  expe 
rienced  once  before,  that  the  steamer  left  San  Francisco  before  the  arrival 
of,  or  without  taking  the  Oregon  mail.5  Or.  Spectator,  April  10,  1850. 

67 'There  are  many  very  worthy  and  meritorious  citizens  who  migrated  to 
this  country  at  an  early  day  to  choose  from.  I  would  mention  the  names  of 
some  of  the  number,  leaving  the  door  open,  however,  to  suggestions  from 


136  A  DELEGATE  TO  CONGRESS. 

several  well  known  citizens  and  early  settlers  were 
mentioned;  but  public  sentiment  took  no  form  before 
March,  when  the  Star,  published  at  Milwaukie,  pro 
claimed  as  its  candidate  Thurston's  opponent  in  the 
election  of  1849,  Columbia  Lancaster.  In  the  mean 
time  R.  R.  Thompson  had  been  corresponding  with 
Lane,  who  was  still  mining  in  southern  Oregon,  and 
had  obtained  his  consent  to  run  if  his  friends  wished 
it.68  The  Star  then  put  the  name  of  Lane  in  place  of 
that  of  Lancaster;  the  Spectator,  now  managed  by 
D.  J.  Schnebley,  and  a  new  democratic  paper,  the 
Oregon  Statesman,  withholding  their  announcements 
of  candidates  until  Thurston,  at  that  moment  on  his 
way  to  Oregon,  should  arrive  and  satisfy  his  friends 
of  his  eligibility. 

But  when  everything  was  preparing  to  realize  or  to 
give  the  lie  to  Thurston's  fondest  hopes  of  the  future, 
there  suddenly  interposed  that  kindest  of  our  enemies, 
death,  and  saved  him  from  humiliation.  He  expired 
on  board  the  steamer  California,  at  sea  off  Acapulco 
on  the  9th  of  April  1851,  at  the  age  of  thirty- five 
years.  His  health  had  long  been  delicate,  and  he  had 
not  spared  himself,  so  that  the  heat  and  discomfort 
of  the  voyage  through  the  tropics,  with  the  anxiety  of 
mind  attending  his  political  career,  sapped  the  low- 
burning  lamp  of  life,  and  its  flickering  flame  was  ex 
tinguished.  Yet  he  died  not  alone  or  unattended. 
He  had  in  his  charge  a  company  of  young  women, 
teachers  whom  Governor  Slade  of  Vermont  was  send 
ing  to  Oregon,69  who  now  became  his  tender  nurses, 

others,  namely,  Jesse  Applegate,  J.  W.  Nesmith,  Joel  Pafmer,  Daniel  Waldo, 
Rev.  Wm  Roberts,  the  venerable  Robert  Moore,  James  M.  Moore,  Gen. 
Joseph  Lane  and  Gen.  Lovejoy,  and  many  others  who  have  recently  arrived 
in  the  country.'  Cor.  of  the  Or.  Spectator,  March  27,  1851. 

680r.  Spectator,  March  6,  1851;  Lane's  Autobiography,  MS.,  57. 

69  Five  young  women  were  sent  out  by  the  national  board  of  educa 
tion,  at  the  request  of  Abernethy  and  others,  under  contract  to  teach  two 
years,  or  refund  the  money  for  their  passage.  They  were  all  soon  married,, 
as  a  matter  of  course — Miss  Wands  to  Governor  Gaines;  Miss  Smith  to  Mr 
Beers;  Miss  Gray  to  Mr  McLeach;  Miss  Lincoln  to  Judge  Skinner;  and  Miss 
Millar  to  Judge  Wilson.  Or.  Sketches,  MS.,  15;  Graver's  Pub.  Life  in  Or., 
MS.,  100;  Or.  Spectator,  March  13,  1851. 


DEATH  OF  THUESTOK  137 

and  when  they  had  closed  his  eyes  forever,  treasured 
up  every  word  that  could  be  of  interest  to  his  bereaved 
wife  and  friends.70  Thus  while  preparing  boldly  to  vin 
dicate  his  acts  and  do  battle  with  his  adversaries,  he 
was  forced  to  surrender  the  sword  which  was  too  sharp 
for  its  scabbard,  and  not  even  his  mortal  remains  were 
permitted  to  reach  Oregon  for  two  years.71 

The  reverence  we  entertain  for  one  on  whom  the 
gods  have  laid  their  hands,  caused  a  revulsion  of  feeling 
and  an  outburst  of  sympathy.  Had  he  lived  to  make 
war  in  his  own  defence,  perhaps  McLoughlin  would 
have  been  sooner  righted;  but  the  people,  who  as  a 
majority  blamed  him  for  the  disgraceful  eleventh  sec 
tion  of  the  land  law,  could  not  touch  the  dead  lion 
with  disdainful  feet,  and  his  party  who  honored  his 
talents72  and  felt  under  obligations  for  his  industry, 
protected  his  memory  from  even  the  implied  censure 

70  Mrs  E.  M.  Wilson,  daughter  of  Rev.  James  P.  Millar  of  Albany,  New 
York,  who  soon  followed  his  daughter  to  Oregon,  gives  some  notes  of  Thur- 
stou's  last  days.      'He  was  positive  enough,'  she  says,  'to  make  a  vivid  im 
pression  on  my  memory.     Strikingly  good-looking,  direct  in  his  speech,  with 
a  supreme  will,  used  to  overcoming  obstacles. . . "  Just  wait  'til  I  get  there," 
he  would  say,  "I  will  show  those  fellows!"'  Or.  Sketches,  MS.,  16. 

71  The  legislature  in   1853  voted  to  remove   his  dust  from  foreign  soil, 
and  it  was  deposited  in  the  cemetery  at  Salem;  and  in  1856  a  monument 
was  erected  over  it  by  the  same  authority.     It  is  a  plain  shaft  of  Italian 
marble,    12  feet  high.     On  its  eastern  face  is.  inscribed:   'Thurston:  erected 
by  the  People  of  Oregon,'  and  a  fac-simile  of  the  seal  of  the  territory;  on  the 
north  side,  name,  age,  and  death ;  on  the  south :  '  Here  rests  Oregon's  first 
delegate;  a  man  of  genius  and  learning;  a  lawyer  and  statesman,  his  Christian 
virtues  equalled  by  his  wide  philanthropy,  his  public  acts  are  his  best  eulo- 
gium.'  Salem  Or.  Statesman,  May  20,  1856;  OdelVs  Biog.  of  Thurston,  MS., 
37;  S.  F.  D.  Alta,  April  25,  1851. 

72  Thurston  made  his  first  high  mark  in  congress  by  his  speech  on  the 
admission  of  California.     See  Cong.  Globe,  1849-50,  app.  345.     His  remarks 
on   the  appropriations   for  Indian   affairs    were   so    instructive   and    inter 
esting  that  his  amendments  were  unanimously  agreed  to.     A  great  many 
members  shook  him  heartily  by  the  hand  after  he  had  closed;  and  he  was 
assured  that  if  he  had  asked  for  $50,000  after  such  a  speech  he  would  have 
received  it.  Or.  Spectator,  Aug.  22,  1850.     With  that  tendency  to  see  some 
thing  peculiar  in  a  man  who  has  identified  himself  with  the  west,  the  N.  Y. 
Sun  of  March  26,  1850,  remarked:   'Coming from  the  extreme  west' — he  was 
not  two  years  from  Maine — 'where,  it  is  taken  for  granted,  the  people  are  in 
a  more  primitive  condition  than  elsewhere  under  this  government,  and  look 
ing,  as  Mr  Thurston  does,  like  a  fair  specimen  of  the  frontier  man,  little  was 
expected  of  him  in  an  oratorical  way.     But  he  has  proved  to  be  one  of  the 
most  effective  speakers  in  the  hall,  which  has  created  no  little  surprise.'     A 
Massachusetts  paper  also  commented  in  a  similar  strain:  '  Mr  Thurston  is  a 
young  man,  an  eloquent  and  effective  debater,  and  a  bold  and  active  man, 
such  as  are  found  only  in  the  west. ' 


138  A  DELEGATE  TO  CONGRESS. 

of  undoing  his  work.  And  all  felt  that  not  he  alone, 
but  his  secret  advisers  were  likewise  responsible. 

In  view  of  all  the  circumstances  of  Thurston's 
career,  it  is  certainly  to  be  regretted,  first,  that  he  fell 
under  the  influence  of,  or  into  alliance  with,  the  mis 
sionary  party;  and  secondly,  that  he  had  adopted  as 
a  part  of  his  political  creed  the  maxim  that  the  end 
sanctifies  the  means,  by  which  he  missed  obtaining 
that  high  place  in  the  estimation  of  posterity  to  which 
he  aspired,  and  to  which  he  could  easily  have  attained 
by  a  more  honest  use  of  his  abilities.  Associated  as 
he  is  with  the  donation  law,  which  gave  thousands  of 
persons  free  farms  a  mile  square  in  Oregon,  his  name 
is  engraved  upon  the  foundation  stones  of  the  state 
beside  those  of  Floyd,  Linn,  and  Benton,  and  of  Gra 
ham  N.  Fitch,  the  actual  author  of  the  bill  before  con 
gress  in  1850.73  No  other  compensation  had  he;74  and 
of  that  even  the  severest  truth  cannot  deprive  him. 

Thurston  had  accomplished  nothing  toward  securing 
a  fortune  in  a  financial  sense,  and  he  left  his  widow 
with  scanty  means  of  support.  The  mileage  of  the 
Oregon  delegate  was  fixed  by  the  organic  act  at 
$2,500.  It  was  afterward  raised  to  about  double 
that  amount;  and  when  in  1856-7  on  this  ground  a 
bill  for  the  relief  of  his  heirs  was  brought  before  con 
gress,  the  secretary  of  the  treasury  was  authorized 
to  make  up  the  difference  in  the  mileage  for  that 
purpose. 

73  Cong.  Globe.  1850-51,  app.  xxxviii. 

74  Or.  Statesman,  April  14,  1857;  Graver's  Pub.  Life,  MS.,  101. 


CHAPTER  V. 

ADMINISTRATION  OF  GAINES. 
1850-1852. 

AN  OFFICIAL  VACANCY — GAINES  APPOINTED  GOVERNOR — His  RECEPTION  IN 
OREGON — THE  LEGISLATIVE  ASSEMBLY  IN  SESSION— ITS  PERSONNEL — 
THE  TERRITORIAL  LIBRARY — LOCATION  OF  THE  CAPITAL— OREGON  CITY 
OR  SALEM — WARM  AND  PROLONGED  CONTEST — Two  LEGISLATURES- 
WAR  BETWEEN  THE  LAW- MAKERS  AND  THE  FEDERAL  JUDGES— APPEAL 

TO  CONGRESS  —  SALEM  DECLARED  THE  CAPITAL— A  NEW  SESSION 
CALLED — FEUDS  OF  THE  PUBLIC  PRESS— UNPOPULARITY  OF  GAINES — 
CLOSE  OF  HIS  TERM— LANE  APPOINTED  HIS  SUCCESSOR. 

FROM  the  first  of  May  to  the  middle  of  August 
1850  there  was  neither  governor  nor  district  judge 
in  the  territory;  the  secretary  and  prosecuting  attor 
ney,  with  the  United  States  marshal,  administered 
the  government.  On  the  15th  of  August  the  United 
States  sloop  of  war  Falmoutli  arrived  from  San  Fran 
cisco,  having  on  board  General  John  P.  Gaines,1  newly 
appointed  governor  of  Oregon,  with  his  family,  and 
other  federal  officers,  namely:  General  Edward  Ham 
ilton  of  Ohio,2  territorial  secretary,  and  Judge  Strong 
of  the  third  district,  as  before  mentioned.3 

1  According  to  A.  Bush,  of  the  Oregon  Statesman,  Marshall  of  Indiana  was 
the  first  choice  of  President  Taylor;  but  according  to  Grover,  Pub.  Life  in 
Or.,  MS.,  Abraham  Lincoln  was  first  appointed,  and  declined.     Which  of 
these  authorities  is  correct  is  immaterial;  it  shows,  however,  that  Oregon 
was  considered  too  far  offto.be  desirable. 

2  Hamilton  was  born  in  CulpepeT  Co.,  Va.    He  was  a  lawyer  by  profession; 
removed  to  Portsmouth,  Ohio,  where  he  edited  the  Portsmouth  Tribune.     He 
was  a  captain  in  the  Mexican  war,  his  title  of  general  being  obtained  in  the 
militia  service.     His  wife  was  Miss  Catherine  Royer. 

3  The  other  members  of  the  party  were  Archibald  Gaines,  A.  Kinney, 
James  E.  Strong,  Mrs  Gaines,  three  daughters  and  two  sons,  Mrs  Hamilton 
and  daughter,  and  Mrs  Strong  and  daughter.     Gaines  lost  two  daughters,  17 
and  19  years  of  age,  of  yellow  fever,  at  St  Catherine's,  en  route;  and  Judge 
Strong  a  son  of  five  years.     They  all  left  New  York  in  the  United  States 

(139) 


140  ADMINISTRATION  OF  GAINES. 

Coming  in  greater  state  than  his  predecessor,  the 
new  governor  was  more  royally  welcomed/  by  the 
firing  of  cannon,  speeches,  and  a  public  dinner.  In 
return  for  these  courtesies  Gaines  presented  the  ter 
ritory  with  a  handsome  silk  flag,  a  gift  which  Thurs- 
ton,  in  one  of  his  eloquent  encomiums  upon  the 
pioneers  of  Oregon  and  their  deeds,  reminded  con 
gress  had  never  yet  been  offered  by  the  government 
to  that  people.  But  Governor  Gaines  was  not  sin 
cerely  welcomed  by  the  democracy,  who  resented  the 
removal  of  Lane,  and  who  on  other  grounds  disliked 
the  appointment.  They  would  not  have  mourned  if 
when  he,  like  Lane,  was  compelled  to  make  procla 
mation  of  the  death  of  the  president  by  whom  he  was 
appointed,5  there  had  been  the  prospect  of  a  removal 
in  consequence.  The  grief  for  President  Taylor  was 
not  profound  with  the  Oregon  democracy.  He  was 
accused  of  treating  them  in  a  cold  indifferent  man 
ner,  and  of  lacking  the  cordial  interest  displayed  in 
their  affairs  by  previous  rulers.  Nor  was  the  differ 
ence  wholly  imaginary.  There  was  not  the  same 
incentive  to  interest  which  the  boundary  question, 
and  the  contest  over  free  or  slave  territory,  had 
inspired  before  the  establishment  of  the  territory. 
Oregon  was  now  on  a  plane  with  other  territories, 
which  could  not  have  the  national  legislature  at  their 
beck  and  call,  as  she  had  done  formerly,  and  the 
change  could  not  occur  without  an  affront  to  her  feel 
ings  or  her  pride.  Gaines  was  wholly  unlike  the 
energetic  and  debonair  Lane,  being  phlegmatic  in 

store-ship  Supply,  in  November  1849,  arriving  at  San  Francisco  in  July  1850, 
where  they  were  transferred  to  the  Falmouth.  California  Courier,  July  21, 
1850;  Or.  Spectator,  Aug.  22,  1850;  Strony's  Hist.  Or.,  MS.,  1,  2,  13. 

4  The  Or.  Statesman  of  March  28,  1851,  remarks  that  Gaines  came  around 
Cape  Horn  in  a  government  vessel,  with  his  family  and  furniture,  arriving  at 
Oregon  City  nine  months  after  his  appointment,  and  drawing  salary  all  the 
time,  while  Lane  being  removed,  drew  no  pay,  but  performed  the  labor  of  his 
office. 

5  President  Taylor  died  July  9,  1850.     The  intelligence  was  received  in 
Oregon  on  the  1st  of  September.     Friday  the  20th  was  set  for  the  observance 
of  religious  funeral  ceremonies  by  proclamation  of  Gaines.    Or.  Spectator, 
Sept.  5,  1850. 


LEGISLATIVE  PROCEEDINGS.  141 

temperament,  fastidious  as  to  his  personal  surround 
ings,  pretentious,  pompous,  and  jealous  of  his  dig 
nity.6  The  spirit  in  which  the  democracy,  who  were 
more  than  satisfied  with  Lane  and  Thurston,  received 
the  whig  governor,  was  ominous  of  what  soon  fol 
lowed,  a  bitter  partisan  warfare. 

There  had  been  a  short  session  of  the  legislative 
assembly  in  May,  under  its  privilege  granted  in  the 
territorial  act  to  sit  for  one  hundred  days,  twenty- 
seven  days  yet  remaining.  No  time  or  place  of  meet 
ing  of  the  next  legislature  had  been  fixed  upon,  nor 
without  this  provision  could  there  be  another  session 
without  a  special  act  of  congress,  which  omission  ren 
dered  necessary  the  May  term  in  order  that  this 
matter  might  be  attended  to.  The  first  Monday  in 
December  was  the  time  named  for  the  convening-  of 
the  next  legislative  body,  and  Oregon  City  the  place. 
The  assembly  remained  in  session  about  two  weeks, 
calling  for  a  special  session  of  the  district  court  at 
Oregon  City  for  the  trial  of  the  Cayuse  murderers, 
giving  the  governor  power  to  fill  vacancies  in  certain 
offices  by  appointment,  and  providing  for  the  printing 
of  the  laws,  with  a  few  other  enactments. 

The  subject  of  submitting  the  question  of  a  state 
constitution  to  the  people  at  the  election  in  June  was 
being  discussed.  The  measure  was  favored  by  many 
who  were  restive  under  presidential  appointments,  and 
who  thought  Oregon  could  more  safely  furnish  the 
material  for  executive  and  judicial  officers  than  de 
pend  on  the  ability  of  such  as  might  be  sent  them. 
The  legislature,  however,  did  not  entertain  the  idea 
at  its  May  term,  on  the  ground  that  there  was  not 
time  to  put  the  question  fairly  before  the  people. 
Looking  at  the  condition  and  population  of  the  terri 
tory  at  this  time,  and  its  unfitness  to  assume  the 

6  Lane  himself  had  a  kind  of  contempt  for  Gaines,  on  account  of  his  sur 
render  at  Encarnacion.  'He  was  a  prisoner  during  the  remainder  of  the  war,' 
says  Lane;  which  was  not  altogether  true.  Autobiography,  MS.,  56-7. 


142  ADMINISTRATION  OF  GAINES. 

expenses  and  responsibilities  of  a  state,  the  conclusion 
is  irresistible  that  jealousy  of  the  lead  taken  in  this 
matter  by  California,  and  the  aspirations  of  politi 
cians,  rather  than  the  good  of  the  people,  prompted 
a  suggestion  which  could  not  have  been  entertained 
by  the  tax-payers. 

On  the  2d  of  December  the  legislative  assembly 
chosen  in  June  met  at  Oregon  City.  It  consisted  of 
nine  members  in  the  council  and  eighteen  in  the 
lower  house.7  W.  W.  Buck  of  Clackanias  county  was 
chosen  president  of  the  council,  and  Ralph  Wilcox  of 
Washington  county  speaker  of  the  house.8  George 

7R.  P.  Boise,  in  an  address  before  the  pioneer  association  in  1876,  says 
that  there  were  25  members  in  the  house;  but  he  probably  confounds  this 
session  with  that  of  1851-2.  The  assembly  of  1850-1  provided  for  the  increase 
of  representatives  to  twenty-two.  See  list  of  Acts  in  Or.  Statesman,  March 
28,  1851;  Gen.  Laws  Or.,  1850-1,  225. 

8  The  names  of  the  councilmen  and  representatives  are  given  in  the  first 
number  of  the  Oregon  Statesman.  W.  W.  Buck,  Samuel  T.  McKean,  Samuel 
Parker,  and  W.  B.  Mealey  were  of  the  class  which  held  over  from  1849.  I 
have  already  given  some  account  of  Buck  and  McKean.  Parker  and  Mealey 
were  both  of  the  immigration  of  1845.  Parker  was  a  Virginian,  a  farmer  and 
carpenter,  but  a  man  who  interested  himself  in  public  affairs.  He  was  a 
good  man.  Mealey  was  a  Pennsylvania^  a  farmer  and  physician. 

Of  the  newly  elected  councilmen,  James  McBride  has  been  mentioned  as 
one  of  the  immigrants  of  1847. 

Richard  Miller  of  Marion  county  was  born  in  Queen  Anne's  county,  Mary 
land,  in  1800.  He  came  to  Oregon  in  1847,  and  was  a  fanner. 

A.  L.  Humphrey  of  Benton  county  was  born  in  Litchfield,  Connecticut, 
in  1796  and  emigrated  to  Oregon  in  1847.  He  was  a  farmer  and  merchant. 

Lawrence  Hall,  a  farmer  of  Washington  county,  was  born  in  Bourbon 
county,  Kentucky,  March  10,  1800,  and  came  to  Oregon  in  1845. 

Frederick  Way  mire,  of  Polk  county,  a  millwright,  was  born  in  Montgomery 
county,  Ohio,  March  15,  1807.  He  married  Fanny  Cochagan,  of  Indiana,  by 
whom  he  had  17  children.  He  came  to  Oregon  in  1845  and  soon  became 
known  as  an  energetic,  firm,  strong,  rough  man,  and  an  uncompromising 
partisan.  'The  old  apostle  of  democracy'  and  'watchdog  of  the  treasury' 
were  favorite  terms  used  by  his  friends  in  describing  Waymire.  He  became 
prominent  in  the  politics  of  the  territory,  and  was  much  respected  for  his 
honesty  and  earnestness,  though  not  always  in  the  right.  His  home  in  Polk 
county,  on  the  little  river  Luckiamute,  was  called  Hay  den  Hall.  He  had 
been  brought  up  a  Methodist,  and  in  the  latter  part  of  his  life  returned  to 
his  allegiance,  having  a  library  well  stocked  with  historical  and  religious 
works.  He  died  in  April  28,  1873,  honored  as  a  true  man  and  a  patriotic 
citizen,  hoping  with  faith  that  he  should  live  again  beyond  the  grave.  R.  P. 
Boise,  in  Trans.  Or.  Pioneer  Assoc.,  1870,  27-8.  His  wife  survived  until 
Oct.  15,  1878,  when  she  died  in  her  69th  year.  Three  only  of  their  children 
are  living.  All  the  members  of  the  council  were  married  men  with  families, 
except  Humphrey  who  was  a  widower. 

The  members  of  the  house  were  Ralph  Wilcox,  William  M.  King  of 
Washington  county,  William  Shaw,  William  Parker,  and  Benjamin  F.  Hard 
ing  of  Marion,  the  latter  elected  to  fill  a  vacancy  created  by  the  death  of  E. 


MEMBERS  OF  ASSEMBLY.  143 

L.  Curry  was  elected  chief  clerk  of  the  council,  as 
sisted  by  James  D.  Turner.  Herman  Buck  was 
sergeant -at -arms.  Asahel  Bush  was  chosen  chief 
clerk  of  the  house,  assisted  by  B.  Genois.  William 
Holmes  was  sergeant-at-arms,  and  Septimus  Heulat 
doorkeeper. 

The  assembly  being  organized,  the  governor  was 
invited  to  make  any  suggestions;  and  appearing  before 

H.  Bellinger,  who  died  after  election;  W.  T.  Matlock,  Benjamin  Simpson, 
Hector  Campbell,  of  Clackamas;  William  McAlphin,  E.  L.  Walters,  of  Linn- 
John  Thorp,  H  N  V.  Holmes,  of  Polk;  J.  C.  Avery,  W.  St  Glair,  of  Benton 
Aaron  Payne,  S.  M.  Gilmore,  Matthew  P.  Deady,  of  Yamhill;  Truman  P. 
Powers,  of  Clatsop,  Lewis,  and  Clarke  counties. 

1ClfT^i1lc1OX  *  have  sP°ken  in  another  place;  also  of  Shaw,  Walter,  Payne, 
and  McAlphin.     William  M.  King  was  born  and  bred  in  Litchfield,  Conn 
whence  he  moved  to  Onondaga   county,  New  York,  and  subsequently  to 
Pennsylvania  and   Missouri.     He  came  to  Oregon  in  1848  and  engaged  in 
business  m  Portland,  soon  becoming  known  as  a  talented  and  unscrupulous 
politician,  as  well  as  a  cunning  debater  and  successful  tactician.     He  is  much 
censured  m  the  early  territorial  newspapers,  partly  for  real  faults,  and  partly 
no  doubt,  from  partisan  feeling.  He  is  described  by  one  who  knew  him  as  a  firm 
friend  and  bitter  enemy.     He  died  at  Portland,  after  seeing  it  grow  to  be  a 
place  of  wealth  and  importance,  November  8,  1869,  aged  69  years      H  N   V 
Holmes  was  born  in  Wythe  county,  Va.,  in  1812,  but  removed  in  childhood  to 
lulaski  county,  emigrating  to  Oregon  in  1848.     He  settled  in  a  picturesque 
district  of  Polk  county,  in  the  gap  between  the  Yamhill  and  La  Creole  val 
leys.     He  was  a  gentleman,  of  the  old  Kentucky  school,  was  several  times  a 
member  of  the  Oregon  legislature,  an  da  prosperous  farmer. 

B.  F.  Harding,  a  native  of  Wyoming  county,  Penn.,  was  born  in  1822 
and  came  to  Oregon  in  1849.  He  was  a  lawyer  by  profession,  and  settled  at 
balem,  for  the  interests  of  which  place  he  faithfully  labored,  and  for  Marion 
county,  which  rewarded  him  by  keeping  him  in  a  position  of  prominence  for 
many  years.  He  married  Eliza  Cox  of  Salem  in  1851.  He  lived  later  on 
a  fine  farm  in  the  enjoyment  of  abundance  and  independence.  John  Thorp 
was  captain  of  a  company  in  the  immigration  of  1844.  He  was  from  Madison 
county,  Ky,  and  settled  in  Polk  county,  Oregon,  where  he  followed  farm 
ing.  Truman  P.  Powers  was  born  in  1807,  and  brought  up  in  Chittenclen 
county,  Vt  coming  to  Oregon  in  1846.  He  settled  on  the  Columbia  near 
Astoria.  William  Parker  was  a  native  of  Derby  county,  England,  born  in 
1813,  but  removed  when  a  child  to  New  York.  He  was  a  farmer  and  sur 
veyor  Benjamin  Simpson,  born  in  Warren  county,  Tenn.,  in  1819,  was 
raised  m  Howard  county,  Mo.,  and  came  to  Oregon  in  1846,  and  engaged  in 
merchandising.  Hector  Campbell  was  born  in  Hampden  county,  Mass  in 
1/93,  removed  to  Oregon  in  1849,  and  settled  on  a  farm  in  Clackamas  county. 
William  T.  Matlock,  a  lawyer,  was  born  in  Rhone  county,  Tennessee  in 
1802,  removed  when  a  child  to  Indiana,  and  to  Oregon  in  1847.  Samuel  M. 
Gilmore,  born  in  Bedford  county,  Tenn.,  in  1814,  removed  first  to  Clay  arid 
then  to  Buchanan  county,  Missouri,  whence  he  emigrated  in  1843,  settling 
in  Yamhill  county.  W.  St  Clair  was  an  immigrant  of  1846. 

Joseph  C.  Avery  was  born  in  Lucerne  county,  Penn.,  June  9,  1817,  and  was 
educated  at  Wilkesbarre,  the  county  seat.  He  removed  to  111.  in  1839,  where 
he  married  Martha  Marsh  in  1841.  Four  years  afterward  he  came  to  Oregon 
spending  the  winter  of  1845  at  Oregon  City.  In  the  following  spring  he  set 
tled  on  a  land  claim  at  the  mouth  of  Mary's  River,  where  in  1850  he°laid  out 
a  town,  calling  it  Marysville,  but  asking  the  legislature  afterward  to  change 
the  name  to  Corvallis,  which  was  done. 


144  ADMINISTRATION  OF  GAINES. 

the  joint  legislature  he  read  a  message  of  considerable 
length  and  no  great  interest,  except  as  to  some  items 

Matthew  Paul  Deady  was  born  in  Talbot  co.,  Md,  May  12,  1824,  of  Irish 
and  English  ancestry.  His  father  was  a  native  of  Kanturk,  county  Cork,  and 
*va3  by  profession  a  teacher.  He  immigrated  while  yet  a  young  man,  with 
his  wife,  to  the  United  States,  residing  near  Baltimore  for  a  fow  years,  re 
moving  to  Wheeling,  Va,  and  again  in  1837  to  Belmont  co.,  Ohio.  Here  the 
son  worked  on  a  farm  until  1841.  For  four  years  afterward  he  learned  black- 
smithing,  and  attended  school  at  the  Barnesville  academy.  From  1845  to 
1848  he  taught  school  and  read  law  with  Judge  William  Kennon,  of  St  Clairs- 
ville,  where  he  was  admitted  to  the  bar  of  the  supreme  court  of  Ohio,  Oct.  26, 
1847.  In  1849  he  came  to  Oregon,  settling  at  Lafayette,  in  Yamhill  co.,  and 
teaching  school  until  the  spring  of  1830,  when  he  commenced  the  practice  of 
the  law,  and  in  June  of  the  same  year  was  elected  a  member  of  the  legislature, 
and  served  on  the  judiciary  committee.  In  1851  he  was  elected  to  the  council 
for  two  years,  serving  as  chairman  of  the  judiciary  committee  and  president 
of  the  council.  In  1853  he  was  appointed  judge  of  the  territorial  supreme 
court,  and  hold  the  position  until  Oregon  was  admitted  into  the  Union,  Feb- 
ruaiy  14,  1859,  and  in  the  mean  time  performed  the  duties  of  district  judge 
in  the  southern  district.  He  was  a  member  of  the  constitutional  convention 
of  1857,  being  president  of  that  body.  His  influence  was  strongly  felt  ia 
forming  the  constitution,  some  of  its  marked  features  being  chieily  his  work; 
while  ia  preventing  the  adoption  of  other  measures  he  was  equally  serviceable. 
On  the  admission  of  Oregon  to  statehood  he  was  elected  a  judge  of  the  supreme 
court  from  the  southern  district  without  opposition,  and  also  received  the  ap 
pointment  of  U.  S.  district  judge.  He  accepted  the  latter  position  and  re 
moved  to  Portland,  where  he  has  resided  down  to  the  present  time,  enjoying 
the  confidence  and  respect  paid  to  integrity  and  ability  in  office. 

During  the  years  1SG2-4,  Judge  Deady  prepared  the  codes  of  civil  and 
criminal  procedure  and  the  penal  code,  and  procured  their  passage  by  the 
lagislature  as  they  caine  from  his  hand,  besides  much  other  legislation,  in 
cluding  the  general  incorporation  act  of  1862,  which  for  the  first  time  ia  the 
U.  S.  made  incorporation  free  to  any  three  or  more  persons  wishing  to  engage 
in  any  lawful  enterprise  or  occupation.  In  1864  and  1874  he  made  and  pub 
lished  a  general  compilation  of  the  laws  of  Oregon. 

He  was  one  of  the  organizers  of  the  University  of  Oregon,  and  for  over 
twelve  years  has  been  an  active  member  of  the  board  of  regents  and  presi 
dent  of  that  body.  For  twenty  years  he  has  been  president  of  the  Library 
Association  of  Portland,  which  under  his  fostering  care  has  grown  to  be  one 
of  the  most  creditable  institutions  of  the  state. 

On  various  occasions  Judge  Deady  has  sat  in  the  U.  S.  circuit  court  in  San. 
Francisco,  where  he  has  given  judgment  in  some  celebrated  cases;  among 
them  are  McCall  v.  McDowell,  1  Deady,  233,  in  which  he  held  that  the  presi 
dent  could  not  suspend  the  habeas  corpus  act,  the  power  to  do  so  being  vested 
in  congress;  Martinitti  v.  McGuire,  1  Deady,  216,  commonly  called  the  Black 
Crook  case,  in  which  he  held  that  this  spectacular  exhibition  was  not  a  dra 
matic  composition,  and  therefore  not  entitled  to  copyright;  Woodruffs.  N.  B. 
Gravel  Co.,  9  Sawyer,  441,  commonly  called  the  Debris  case,  in  which  ifc  was 
held  that  the  hydraulic  miners  had  no  right  to  deposit  the  waste  of  the  mines 
in  the  watercourses  of  the  state  to  the  injury  of  the  riparian  owners;  and 
Sharon  v.  Hill,  1 1  Sawyer,  290,  in  which  it  was  determined  that  the  so-called 
marriage  contract  between  these  parties  was  a  forgery. 

Oa  the  24th  of  June,  1852,  Judge  Deady  was  married  to  Miss  Lucy  A. 
Henderson,  a  daughter  of  Robert  and  Rhoda  Henderson,  of  Yamhill  co. ,  who 
came  to  Oregon  by  the  southern  route  in  1846.  Mr  Henderson  was  born  in 
Green  co.,  Tenn.,  Feb.  14,  1809,  and  removed  to  Kentucky  in  1831,  and  to 
Missouri  in  1834.  Mrs  Deady  is  possessed  of  many  charms  of  person  and 
character,  and  is  distinguished  for  that  tact  which  renders  her  at  ease  in  all 
stations  of  life.  Her  children  are  three  sons,  Edward  Nesmith,  Paul  Robert, 
and  Henderson  Brooke.  The  first  two  have  been  admitted  to  the  bar,  the 
third  is  a  physician. 


LOCATION  OF  THE  CAPITAL.  145 

of  information  on  the  progress  of  the  territory  toward 
securing  its  congressional  appropriations.  The  five 
thousand  dollars  granted  in  the  organic  act  for  erect 
ing  public  buildings  was  in  his  hands,  he  said,  to 
which  would  be  added  the  forty  thousand  dollars  ap 
propriated  at  the  last  session ;  and  he  recommended 
that  some  action  be  taken  with  regard  to  a  peniten 
tiary,  no  prison  having  existed  in  Oregon  since  the 
burning  of  the  jail  at  Oregon  City.  The  five  thousand 
dollars  for  a  territorial  library,  he  informed  the  assem 
bly,  had  been  expended,  and  the  books  placed  in  a 
room  furnished  for  the  purpose,  the  custody  of  which 
was  placed  in  their  hands.9 

The  legislative  session  of  1850-1  was  not  harmo 
nious.  There  were  quarrels  over  the  expenditure  of  the 
appropriations  for  public  buildings  arid  the  location  of 
the  capital.  Although  the  former  assembly  had  called 
a  session  in  May,  ostensibly  to  fix  upon  a  place  as  well  as 
a  time  for  convening  its  successor,  it  had  not  fixed  the 
place,  and  the  present  legislature  had  come  together 
by  common  consent  at  Oregon  City.  Conceiving  it  to 
be  proper  at  this  session  to  establish,  the  seat  of  gov 
ernment,  according  to  the  fifteenth  section  of  the  or 
ganic  act,  which  authorized  the  legislature  at  its  first 
session,  or  as  soon  thereafter  as  might  be  expedient, 
to  locate  and  establish  the  capital  of  the  territory, 
the  legislature  proceeded  to  this  duty.  The  only 
places  put  in  competition  with  a.ny  chance  of  success 
were  Oregon  City  and  Salem.  Between  these  there 
was  a  lively  contest,  the  majority  of  the  assembly, 
backed  by  the  missionary  interest,  being  in  favor  of 
Salem,  while  a  minority,  and  many  Oregon  City  lobby 
ists,  were  for  keeping  the  seat  of  government  at  that 
place.  In  the  heat  of  the  contest  Governor  Gaines  un 
wisely  interfered  by  a  special  message,  in  which,  while 

Scattered  throughout  this  history,  and  elsewhere,  are  the  evidences  of 
the  manner  in  which  Judge  Deady  has  impressed  himself  upon  the  institu 
tions  of  Portland  and  the  state,  and  always  for  their  benefit.  He  possesses, 
with  marked  ability,  a  genial  disposition,  and  a  distinguished  personal  ap 
pearance,  rather  added  to  than  detracted  from  by  increasing  years. 

9  Judge  Bryant  selected  and  purchased  $2,000  worth  of  the  books  for  tb3 
public  library,  and  Gov.  Gaines  the  remainder. 
HIST.  OR.,  VOL.  II.    10 


146  ADMINISTRATION  OF  GAINES. 

he  did  not  deny  the  right  of  the  legislative  assembly  to 
locate  and  establish  the  seat  of  government,  he  felt  it 
his  duty  to  call  their  attention  to  the  wording  of  the 
act,  which  distinctly  said  that  the  money  there  ap 
propriated  should  be  applied  by  the  governor;  and 
also,  that  the  act  of  June  11,  1850,  making  a  fur 
ther  appropriation  of  twenty  thousand  dollars  for  the 
erection  of  public  buildings  in  Oregon,  declared  that 
the  money  was  to  be  applied  by  the  governor  and 
the  legislative  assembly.  He  further  called  their  at 
tention  to  the  wording  of  the  sixth  section  of  the  act, 
which  declared  that  every  law  should  have  but  one 
object,  which  should  be  expressed  in  the  title,  while 
the  act  passed  by  the  legislative  assembly  embraced 
several  objects.  He  gave  it  as  his  opinion  that  the 
law  in  that  form  was  unconstitutional;  but  expressed 
a  hope  that  they  would  not  adjourn  without  taking 
effectual  steps  to  carry  out  the  recommendation  he 
had  made 
session,  that 
be  erected. 

The  location  bill,  which  on  account  of  its  embracing 
several  objects  received  the  name  of  the  omnibus 
bill,10  passed  the  assembly  by  a  vote  of  six  to  three  in 
the  council  and  ten  to  eight  in  the  house,  Salem  get 
ting  the  capital,  Portland  the  penitentiary,11  Cor  vail  is 
the  university,  and  Oregon  City  nothing.  The  mat- 

10TheGaines  clique  also  denominated  the  Iowa  code,  adopted  in  1849,  the 
steamboat  code,  and  invalid  because  it  contained  more  than  one  subject. 

11  It  named  three  commissioners,  each  for  the  state-house  and  penitentiary, 
authorizing  them  to  select  one  of  their  number  to  be  acting  commissioner  and 
give  bonds  in  the  sum  of  $20,000.  The  state-house  board  consisted  of  John 
Force,  H.  M.  Waller,  and  R.  C.  Geer;  the  penitentiary  board,  D.  H.  Lowns- 
dale,  Hugh  D.  O'Bryant,  and  Lucius  B.  Hastings.  The  prison  was  to  be 
of  sufficient  capacity  to  receive,  secure,  and  employ  100  convicts,  to  be  con 
fined  in  separate  cells.  Or.  Spectator,  March  27,  1851 ;  Or.  Statutes,  1853-4, 
509.  That  Oregon  City  should  get  nothing  under  the  embarrassment  of  the 
llth  section  of  the  donation  law  was  natural,  but  the  whigs  and  the  prop 
erty-owners  there  may  have  hoped  to  change  the  action  of  congress  in  the 
event  of  securing  the  capital.  Salem,  looking  to  the  future,  was  a  better 
location.  But  the  assembly  were  not,  I  judge,  looking  to  anything  so  much 
as  having  their  own  way.  The  friends  of  Salem  were  accused  of  bribery, 
and  there  were  the  usual  mutual  recriminations.  Or.  Spectator,  Oct.  7  and 
Nov.  18,  1851. 


UI./O        CV/        \^C*-LJL    V          \J  \JL  V        UJLJ.V^      1.  \j\s\J 111  L11\^H\J.<AJ  \jl\S  LI       1L\~> 

in  his    message  at  the  beginning  of  the 
t  they  would  cause  the  public  buildings  to 


POLITICAL  JOURNALS.  147 

ter  rapidly  took  shape  as  a  political  issue,  the  demo 
crats  going  for  Salem  and  the  whigs  for  Oregon  City, 
the  question  being  still  considered  by  many  as  an 
open  one  on  account  of  the  alleged  unconstitutionally 
of  the  act.12  At  the  same  time  two  newspapers  were 
started  to  take  sides  in  territorial  politics;  the  Ore- 
gonian,  whig,  at  Portland  in  December  1850,  and 
the  Oregon  Statesman,  democratic,  at  Oregon  City  in 
March  following.13  A  third  paper,  called  the  Times, 
was  published  at  Portland,  beginning  in  May  1851, 
which  changed  its  politics  according  to  patronage  and 
circumstances. 

12  Id.,  July  29,  1851;  Or.  Statesman,  Aug.  5,  1851;  32d  Cong.,  1st  Sess., 
H.  Ex.  Doc.  94,  2-32;  Id.,  96,  vol.  ix.  1-8;  Id.,  104,  vol.  xii.  1-24;  32d  Cong., 
1st  Se«s.y  II.  Misc.  Doc.  9,  4-5. 

13  The  Oregonian  was  founded  by  T.  J.  Dryer,  who  had  been  previously  en 
gaged  upon  the  California  Courier  as  city  editor,  and  was  a  weekly  journal. 
Dryer  brought  an  old  Raniage  press  from  San  Francisco,  with  some  second 
hand  material,  which  answered  his  purpose  for  a  few  months,  when  a  new 
Washington  press  and  new  material  came  out  by  sea  from  New  York,  and 
the  old  one  was  sent  to  Olympia  to  start  the  first  paper  published  on  Puget 
Sound,  called  the  Columbian.     In  time  the  Washington  press  was  displaced 
by_a  power  press,  and  was  sold  in  1862  to  go  to  Walla  Walla,  and  afterward 
to  Idaho.     Dryer  conducted  the  Oregonian  with  energy  for  ten  years,  when 
the  paper  passed  into  the  hands  of  H.  L.  Pittock,  who  first  began  work  upon 
it  aa  a  printer  in  1853.     It  has  since  become  a  daily,  and  is  edited  and  partly 
owned  by  Harvey  W.  Scott. 

The  Statesman  was  founded  by  A.  W.  Stockwell  and  Henry  Russel  of 
Massachusetts,  with  Asahel  Bush  as  editor.  It  was  published  at  Oregon  City 
till  June  1853,  when  it  was  removed  to  Salem,  and  being  and  remaining  the 
official  paper  of  the  territory,  followed  the  legislature  to  Corvallis  in  1855, 
when  the  capital  was  removed  to  that  place  and  back  again  to  Salem,  when 
the  seat  of  government  was  relocated  there  a  few  months  later.  As  a  party 
paper  it  was  conducted  with  greater  ability  than  any  journal  on  the  Pacific 
coast  for  a  period  of  about  a  dozen  years.  Bush  was  assisted  at  various  times 
by  men  of  talent.  On  retiring  from  political  life  in  1863  he  engaged  in  bank 
ing  at  Salem.  Crandall  and  Wait  then  conducted  the  paper  for  a  short  time; 
but  it  was  finally  sold  in  November  1863  to  the  Oregon  Printing  and  Publish 
ing  Company.  In  1866  it  was  again  sold  to  the  proprietors  ot  the  Unionist, 
and  ceased  to  exist  as  the  Oregon  Statesman.  During  the  first  eight  years 
of  its  existence  it  was  the  ruling  power  in  Oregon,  wielding  an  influence 
that  made  and  unmade  officials  at  pleasure.  'The  number  of  those  who 
were  connected  with  the  paper  as  contributors  to  its  columns,  who  have 
risen  to  distinguished  positions,  is  reckoned  by  the  dozen.'  Salem  Directory, 
1871;  Or.  Statesman,  March  28,  1851;  Id.,  July  25,  1854;  Brown's  Will 
Val,  MS.,  34;  Portland  Orff/onian,  April  15,  1876.  Before  either  of  these 
papers  was  started  there  was  established  at  Milwaukie,  a  few  miles  below 
Oregon  City,  the  Milwaukie  Star,  the  first  number  of  which  was  issued  on 
the  21st  of  November  1850.  It  was  owned  principally  by  Lot  Whitcomb, 
the  proprietor  of  the  town  of  Milwaukie.  The  prospectus  stated  that  Carter 
and  Waterman  were  the  printers,  and  Orvis  Waterman  editor.  The  paper 
ran  for  three  months  under  its  first  management,  then  was  purchased  by  the 


148  ADMINISTRATION  OF  GAINES. 

The  result  of  the  interference  of  the  governor  with 
legislation  was  to  bring  down  upon  him  bitter  denun 
ciations  from  that  body,  and  to  make  the  feud  a  per 
sonal  as  well  as  political  one,  When  the  assembly 
provided  for  the  printing  of  the  public  documents,  it 
voted  to  print  neither  the  governor's  annual  nor  his 
special  message,  as  an  exhibition  of  disapprobation  at 
his  presumption  in  offering  the  latter,14  assuming  that 
he  was  not  called  upon  to  address  them  unless  invited 
to  do  so,  they  being  invested  by  congress  with  power 
to  conduct  the  public  business  and  spend  the  public 
money  without  consulting  him.  But  while  the  legis 
lators  quarrelled  with  the  executive  they  went  on 
with  the  business  of  the  commonwealth. 

The  hurried  sessions  of  the  territorial  legislature 
had  effected  little  improvement  in  the  statutes  which 
were  still  in  great  part  in  manuscript,  consisting  in 
many  instances  of  mere  reference  to  certain  Iowa 
laws  adopted  without  change.  An  act  was  passed  for 
the  printing  of  the  laws  and  journals,  and  Asahel 
Bush  elected  printer,  to  tho  disappointment  of  Dryer 
of  the  Oregonian,  who  had  built  hopes  on  his  political 
views  which  were  the  same  as  those  of  the  new  ap 
pointees  of  the  federal  government.  But  the  terri 
torial  secretary,  Hamilton,  literally  took  the  law  into 
his  own  hands  and  sent  the  printing  to  a  New  York 
contractor.  Thus  the  war  went  on,  and  the  laws 
were  as  far  as  ever  from  being  in  an  intelligible  state,15 

printers,  and  in  May  1851  Waterman  purchased  the  entire  interest,  when  he 
removed  the  paper  to  Portland,  calling  it  the  Times.  It  survived  several 
subsequent  changes  and  continued  to  be  published  till  1864,  recording  in  the 
mean  time  many  of  the  early  incidents  in  the  history  of  the  country.  Portland 
Orerjonian,  April  15,  1876. 

14  The  Spectator  of  Feb.  20,  1851,  rebuked  the  assembly  for  its  discour 
tesy,  saying  it  knew  of  no  other  instance  where  the  annual  message  of  the 
governor  had  been  treated  with  such  contempt. 

15  The  Spectator  of  August  8,  1850,  remarked  that  there  existed  no  law  in 
the  territory  regulating  marriages.     If  that  were  true,  there  could  have  ex 
isted  none  since  1845,  when  the  last  change  in  the  provisional  code  was  made. 
There  is  a  report  of  a  debate  on  'a  bill  concerning  marriages,'  in  the  Spectator 
of  Jan.  2,  1851,  but  the  list  of  laws  passed  at  the  session  of  1850-1  contains 
none  on  marriage.     A  marriage  law  was  enacted  by  the  legislature  of  1851-2. 


OREGON  ARCHIVES.  149 

although  the  most  important  or  latest  acts  were  pub 
lished  in  the  newspapers,  and  a  volume  of  statutes 
was  printed  and  bound  at  Oregon  City  in  1851.  It 
was  not  until  January  1853  that  the  assembly  pro 
vided  for  the  compilation  of  the  laws,  and  appointed 
L.  F.  Grover  commissioner  to  prepare  for  publication 
the  statutes  of  the  colonial  and  territorial  governments 
from  1843  to  1849  inclusive.  The  result  of  the  com 
missioner's  labors  is  a  small  book  often  quoted  in  these 
pages  as  Or.  Laws,  1843-9,  of  much  value  to  the  his 
torian,  but  which,  nevertheless,  needs  to  be  confirmed 
by  a  close  comparison  with  the  archives  compiled  and 
printed  at  the  same  time,  and  with  corroborative 
events;  the  dates  appended  to  the  laws  being  often 
several  sessions  out  of  time,  either  guessed  at  by  the 
compiler,  or  mistaken  by  the  printer  and  not  corrected. 
In  many  cases  the  laws  themselves  are  mere  abstracts 
or  abbreviations  of  the  acts  published  in  the  Spec 
tator.19 

Nor  were  the  archives  collected  any  more  complete, 
as  boxes  of  loose  papers,  as  late  as  1878,  to  my  knowl 
edge,  were  lying  unprinted  in  the  costly  state-house 
at  Salem.  Many  of  them  have  been  copied  for  my 

Among  men  inclined  from  the  condition  of  society  to  early  marriages,  as  I 
have  before  mentioned,  the  wording  of  the  donation  law  stimulated  the  desire 
to  marry  in  order  to  become  lord  of  a  mile  square  of  land,  while  it  influenced 
women  to  the  same  measure,  as  it  was  only  a  wife  or  widow  who  was  entitled 
to  320  acres.  Many  unhappy  unions  were  the  consequence,  and  numerous 
divorces.  Deady'*  Hi,;t.  Or.,  MS.,  33;  Victor's  New  Penelope,  19-20. 

16 Public  L'fe  in  Oregon  is  one  of  the  most  scholarly  and  analytical  contri 
butions  to  history  which  I  was  able  to  gather  during  my  many  interviews  of 
1878.  Besides  being  in  a  measure  a  political  history  of  the  country,  it  abounds 
with  life-like  sketches  of  the  public  men  of  the  day,  given  in  a  clear  and  fluent 
style,  and  without  apparent  bias.  L.  F.  Grover,  the  author,  was  born  at  Bethel, 
Maine,  Nov.  29,  1823.  He  came  to  California  in  the  winter  of  1850,  and 
to  Oregon  early  in  1851.  He  was  almost  immediately  appointed  clerk  of 
the  first  judicial  district  by  Judge  Nelson.  He  soon  afterward  received 
the  appointment  of  prosecuting  attorney  of  the  second  judicial  district,  and 
became  deputy  United  States  district  attorney,  through  his  law  partner,  B.  F. 
Harding,  who  held  that  office.  Thereafter  for  a  long  period  he  was  in  public 
life  in  Oregon.  Grover  was  a  protege1  of  Thurston,  who  had  known  him  in 
Maine,  and  advised  him  when  admitted  to  the  bar  in  Philadelphia  to  go  to 
Oregon,  where  he  would  take  him  into  his  own  office  as  a  law-partner;  but 
Thurston  dying,  Grover  was  left  to  introduce  himself  to  the  new  common 
wealth,  which  he  ("lid  most  successfully.  Graver's  Pub.  Life  in  Or.,  MS.,  100-3; 
Yreka  Union,  April  1,  1870. 


150  ADMINISTRATION  OF  GAINES. 

work,  and  constitute  the  manuscript  entitled  Oregon 
Archives,  from  which  I  have  quoted  more  widely  than 
I  should  have  done  had  they  been  in  print,  thinking 
thus  to  preserve  the  most  important  information  in 
them.  The  same  legislature  which  authorized  Grover's 
work,  passed  an  act  creating  a  board  of  commissioners 
to  prepare  a  code  of  laws  for  the  territory,17  and  elected 
J.  K.  Kelly,  D.  R  Bigelow,  and  R  P.  Boise,  who 
were  to  meet  at  Salem  in  February,  and  proceed  to  the 
discharge  of  their  duties,  for  which  they  were  to  re 
ceive  a  per  diem  of  six  dollars.18  In  1862  a  new  code 
of  civil  procedure  was  prepared  by  Matthew  P.  Deady, 
then  United  States  district  judge,  A.  C.  Gibbs,  and 
J.  K.  Kelly,  and  passed  by  the  legislature.  The  work 
was  performed  by  Judge  Deady,  who  attended  the 
session  of  the  legislature  and  secured  its  passage.  The 
same  legislature  authorized  him  to  prepare  a  penal 
code  and  code  of  criminal  procedure,  which  he  did. 
This  was  enacted  by  the  legislature  of  1864,  which 
also  authorized  him  to  prepare  a  compilation  of  all  the 
laws  of  Oregon  then  in  force,  including  the  codes,  in 
the  order  and  method  of  a  code,  which  he  did,  and  en 
riched  it  with  notes  containing  a  history  of  Oregon 
legislation.  This  compilation  he  repeated  in  1874,  by 
authority  of  the  legislature,  aided  by  Lafayette  Lane. 
Meanwhile  the  work  of  organization  and  nation- 
making  went  on,  all  being  conducted  by  these  early 
legislators  with  fully  as  much  honesty  and  intelligence 
as  have  been  generally  displayed  by  their  successors. 
Three  new  counties  were  established  and  organized 
at  the  session  of  1850-1,  namely:  Pacific,  on  the  north 
side  of  the  Columbia,  on  the  coast;  Lane,  including 

17  A.  C.  Gibbs  in  his  notes  on  Or.  Hist.,  MS.,  13,  says  that  he  urged  the 
measure  and  succeeded  in  getting  it  through  the  house.     It  was  supported  by 
Deady,  then  president  of  the  council;  and  thus  the  code  system  was  begun  in 
Oregon  with  reformed  practice  and  proceedings.     At  the  same  time,  Thurs- 
ton,  it  is  said,  when  in  Washington,  advised  the  appointment  of  commis 
sioners  for  this  purpose,  or  that  the  assembly  should  remain  in  session  long 
enough  to  do  the  work,  and  promised  to  secure  from  congress  the  money, 
$6,000,  to  pay  the  cost. 

18  Or.  Statutes,  1852-3,  57-8;  Or.  Statesman,  Feb.  5,  1853. 

19  See  Or.  Gen.  Laws,  1843-72. 


COUNTIES  AND  JUDICIAL  DISTRICTS.  151 

all  that  portion  of  the  Willamette  Valley  south  of 
Benton  and  Linn  ;20  and  Urnpqua,  comprising  all  the 
country  south  of  the  Calapooya  mountains  and  head 
waters  of  the  Willamette.  County  seats  were  located 
in  Linn,  Polk,  and  Clatsop,  the  county  seats  of  Clack- 
amas  and  Washington  having  been  established  at  the 
previous  sessions  of  the  legislature.21 

The  act  passed  by  the  first  legislature  for  collecting 
the  county  and  territorial  revenues  was  amended;  and 
a  law  passed  legalizing  the  acts  of  the  sheriff  of  Linn 
county,  and  the    probate   court  of  Yamhill   county, 
in  the  collection  of  taxes,  and  to  legalize  the  judicial 
proceedings  of  Polk  county;  these  being  cases  where 
the  laws  of  the  previous  sessions  were  found  to  be  in 
conflict  with  the  organic  act.     Some   difficulty   had 
been  encountered  in  collecting  taxes  on  land  to  which 
the  occupants  had  as  yet  no  tangible  title.     The  same 
feeling  existed  after  the  passage  of  the  donation  law, 
though  some  legal  authorities  contended,  and  it  has 
since  been  held  that  the  donation  act  gave  the  occu 
pant  his  land  in  fee  simple,  and  that  a  patent  was 
only  evidence  of  his  ownership.22     But  it  took  more 
time  to  settle  these  questions  of  law  than  the  people 
or  the  legislature  had  at  their  command   in    1850; 
hence  conflicts  arose  which  neither  the  judicial  nor 


1876  Ugene  ty  Uard'  July  8>  1876;  EltfjeUe  °lty  8tate  Journal>  July  8, 
21  It  is  difficult  determining  the  value  of  these  enactments,  when  for  sev 
eral  sessions  one  after  the  other  acts  with  the  same  titles  appear-in  stance 
the  county  seat  of  Polk  county,  which  was  located  in  1849  and  again  in  ISoO 
"Deculy  «  Scrap  Book,  5.  For  some  years  Matthew  P.  Deacly  employed  his 
leisure  moments  as  a  correspondent  of  the  San  Francisco  Bulletin,  his  subjects 
often  being  historical  and  biographical  matter,  in  which  he  was,  from  his 
habit  of  comparing  evidence,  very  correct,  and  in  which  he  sometimes  enun 
ciated  a  legal  opinion.  His  letters,  collected  in  the  form  of  a  scrap-book 
were  kindly  loaned  to  me.  From  these  Scraps  I  have  drawn  largely  and 
still  more  frequently  from  his  History  of  Oregon,  a  thick  manuscript  volume 
given  to  me  from  his  own  lips  in  the  form  of  a  dictation  while  I  was  in  Port 
land  in  1878,  and  taken  down  by  my  stenographer.  Never  in  the  course  of 
my  life  have  I  encountered  in  one  mind  so  vast,  well  arranged  and  well 
digested  a  store  of  facts,  the  recital  of  which  to  me  was  a  never  failin-r 
source  of  wonder  and  admiration.  His  legal  decisions  and  public  addresse? 
have  also  been  of  great  assistance  to  me,  being  free  from  the  injudicial  bias  of 
many  authors,  and  hence  most  substantial  material  for  history  to  rest  upon 
Farther  than  this,  Judge  Deady  is  a  graceful  writer,  and  always  interesting' 
As  a  man,  he  is  one  to  whom  Oregon  owes  much. 


152  ADMINISTRATION  OF  GAINES. 

• 

the  legislative  branches  of  the  government  could  at 
once  satisfactorily  terminate. 

The  legislature  amended  the  act  laying  out  the 
judicial  districts  by  attaching  the  county  of  Lane  to 
the  first  and  Umpqua  to  the  second  districts.  This 
distribution  made  the  first  district  to  consist  of  Clack- 
amas,  Marion,  Linn,  and  Lane;  the  second  of  Wash 
ington,  Yamhill,  Benton,  Polk,  and  Umpqua;  and  the 
third  of  Clarke,  Lewis,  and  Clatsop.  Pacific  county 
was  not  provided  for  in  the  amendment.  The  judges 
were  required  to  hold  sessions  of  their  courts  twice 
annually  in  each  county  of  their  districts.  But  lest 
in  the  future  it  might  happen  as  in  the  past,  any  one 
of  the  judges  was  authorized  to  hold  special  terms  in 
any  of  the  districts;  other  laws  regulating  the  practice 
of  the  courts  were  passed,23  and  also  laws  regulating 
the  general  elections,  and  ordering  the  erection  of 
court-houses  and  jails  in  each  county  of  the  territory. 

They  amended  the  common  school  law,  abolishing 
the  office  of  superintendent,  and  ordered  the  election 
of  school  examiners;  incorporated  the  Young  Ladies' 
Academy  of  Oregon  City,  St  Paul's  Mission  Female 
Seminary,  the  First  Congregational  Society  of  Port 
land,  the  First  Presbyterian  Society  of  Clatsop 
plains;  incorporated  Oregon  City  and  Portland;  lo 
cated  a  number  of  roads,  notably  one  from  Astoria 
to  the  Willamette  Valley,24  and  a  plank-road  from 
Portland  to  Yamhill  county;  and  also  the  Yamhill 
Bridge  Company,  which  built  the  first  great  bridge 
in  the  country.  These,  with  many  other  less  impor 
tant  acts,  occupied  the  assembly  for  sixty  clays. 
Thurston's  advice  concerning  memorializing  congress 

23  Or.  Gen.  Laws,  1850-1,  158-164. 

24  This  was  a  scheme  of  Thurston's,  who,  on  the  citizens  of  Astoria  peti 
tioning  congress  to  open  a  road  to  the  Willamette,  proposed  to  accept  $10, 000 
to  build  the  bridges,  promising  that  the  people  would  build  the  road.     He 
then  advised  the  legislature  to  go  on  with  the  location,  leaving  it  to  him  to 
manage  the  appropriations.     Lane  finished  his  work  in  congress,  and  a  gov 
ernment  officer  expended  the  appropriation  without  benefiting  the  Astoriaiis 
beyond  disbursing  the  money  in  their  midst.    See  81st  Cony.,  1st  Sess.,  11. 
Com.  Rept.,  348,  3. 


A  NEW  DELEGATE.  153 

to  pay  the  remaining  expenses  of  the  Cay  use  war  was 
acted  upon,  the  committee  consisting  of  McBride, 
Parker,  and  Hall,  of  the  council,  and  Deady,  Simpson, 
and  Harding  of  the  house.25  Nothing  further  of  im 
portance  was  done  at  this  session. 

When  the  legislative  assembly  adjourned  in  Feb 
ruary,  it  was  known  that  Thurston  was  returning  to 
Oregon  as  a  candidate  for  reelection,  arid  it  was  ex 
pected  that  there  would  be  a  heated  canvass,  but  that 
his  party  would  probably  carry  him  through  in  spite 
of  the  feeling  which  his  course  with  regard  to  the 
Oregon  City  claim  had  created.  But  the  unlocked 
for  death  of  Thurston,  and  the  popularity  of  Lane, 
who,  being  of  the  same  political  sentiments,  and  gen 
erously  willing  to  condone  a  fault  in  a  rival  who  had 
confirmed  to  him  as  the  purchaser  of  Abernethy  Isl 
and  a  part  of  the  contested  land  claim,  made  the 
ex-governor  the  most  fitting  substitute  even  with 
Thurston's  personal  friends,  for  the  position  of  dele 
gate  from  Oregon.  Some  efforts  had  been  made  to 
injure  Lane  by  anonymous  letter- writers,  who  sent 
to  the  New  York  Tribune  allegations  of  intemperance 
and  improper  associations,26  but  which  were  sturdily 
repelled  by  his  democratic  friends  in  public  meetings, 
and  which  could  not  have  affected  his  position,  as 
Gaines  was  appointed  in  the  usual  round  of  office-giv 
ing  at  the  beginning  of  a  new  presidential  and  party 
administration.  That  these  attacks  did  not  seriously 
injure  him  in  Oregon  was  shown  by  the  enthusiasm 
with  which  his  nomination  was  accepted  by  the  ma 
jority,  and  the  result  of  the  election,  as  well  as  by  the 
fact  of  a  county  having  been  named  after  him  between 
his  removal  as  governor  and  nomination  as  delegate. 
The  only  objection  to  Lane,  which  seemed  to  carry 
any  weight,  was  the  one  of  being  in  the  territory 

K32d  Cong.,  1st  Sess.,  IT.  Jour.,  1059,  1224. 

26  The  writer  signed  himself  'Lansdale,'  but  was  probably  J.  Quinn  Thorn 
ton,  who  admits  writing  such  letters  to  get  Lane  removed,  but  gives  a  different 
sobriquet  as  I  have  already  mentioned— that  of  'Achilles  de  Harley.' 


154  ADMINISTRATION  OF  GAINES. 

without  his  family,  which  gave  a  transient  air  to  his 
patriotism,  to  which  people  objected.  They  felt  that 
their  representative  should  be  one  of  themselves  in 
fact  as  well  as  by  election,  and  this  Lane  declared  his 
intention  of  becoming,  and  did  in  fact  take  a  claim  on 
the  Umpqua  River  to  show  his  willingness  to  become 
a  citizen  of  Oregon.  The  opposing  candidate  was  W. 
H.  Willson,  who  was  beaten  by  eighteen  hundred  or 
two  thousand  votes.  As  soon  as  the  election  was 
over,  Lane  returned  to  the  lately  discovered  mining 
districts  in  southern  Oregon,  taking  with  him  a  strong 

party,  intending  to  chastise  the  Indians  of  that  sec- 
•  i  i 

tion,  who  were  becoming  more  and  more  aggressive 

as  travel  in  that  direction  increased,  and  their  profits 
from  robbery  and  murder  became  more  important. 
That  he  should  take  it  upon  himself  to  do  this,  when 
there  wras  a  regularly  appointed  superintendent  of 
Indian  affairs — for  Thurston  had  persuaded  congress 
to  give  Oregon  a  general  superintendent  for  this  work 
alone — surprised  no  one,  but  on  the  contrary  appeared 
to  be  what  was  expected  of  him  from  his  aptitude  in 
such  matters,  which  became  before  he  reached  Rogue 
River  Valley  wholly  a  military  affair.  The  delegate- 
elect  was  certainly  a  good  butcher  of  Indians,  who,  as 
we  have  seen,  cursed  them  as  a  mistake  or  damnable 
infliction  of  the  Almighty.  And  at  this  noble  occu 
pation  I  shall  leave  him,  while  I  return  to  the  history 
of  the  executive  and  judicial  branches  of  the  Oregon 
government. 

Obviously  the  tendency  of  office  by  appointment 
instead  of  by  popular  election  is  to  make  men  indiffer 
ent  to  the  opinions  of  those  they  serve,  so  long  as  they 
are  in  favor  with  or  can  excuse  their  acts  to  the  ap 
pointing  power.  The  distance  of  Oregon  from  the 
seat  of  general  government  and  the  lack  of  adequate 
mail  service  made  the  Gaines  faction  more  than  usu 
ally  independent  of  censure,  as  it  also  rendered  its 
critics  more  impatient  of  what  they  looked  upon  as  an 


CENSURE  OF  JUDGES.  155 

exhibition  of  petty  tyranny  on  the  part  of  those  who 
were  present,  and  of  culpable  neglect  on  the  part  of 
those  who  remained  absent.     From  the  date  of  Judo-e 
Bryant's  arrival  in  the  territory  in  April  1849,  to  the 
1st  of  January  1851,  when  he  resigned,  he  had  spent 
but  five  months  in  his  district.     From  December  1848 
to  August    1850  Pratt  had  been  the  only  judo-e  in 
Oregon—  excepting  Bryant's  brief  sojourn.     Then  he 
went  east  for  his  family,  and  Strong  was  the  only 
judge  for  the  eight  months  following  and  till  the 
return  about  the  last  of  April  1851  of  Pratt,  accom 
panied  by  Chief  Justice  Thomas  Nelson,  appointed  in 
the  place  of  Bryant,27  and  J.  R  Preston,  surveyor- 
general  of  Oregon. 

The  judges  found  their  several  dockets  in  a  condi 
tion  hardly  to  justify  Thurston's  encomiums  in  con 
gress  upon  their  excellence  of  character.  The  freedom 
enjoyed  under  the  provisional  government,  due  in  part 
to  the  absence  of  temptation,  when  all  men  were 
laborers,  and  when  the  necessity  for  mutual  help  and 
protection  deprived  them  of  a  motive  for  violence  had 
Ceased  to  be  the  boast  and  the  security  of  the  coun 
try.  The  presence  of  lawless  adventurers,  the  abun 
dance  of  money,  and  the  absence  of  courts,  had  tended 
to  develop  the  criminal  element,  till  in  1851  it  became 
notorious  that  the  causes  on  trial  were  ofterier  of  a 
criminal  than  a  civil  nature.28 


*  Memorial  of  the  Legislative  Assembly  of  1851-2, 

Janulrv^^'islo   ^     ^T"  ^T  WaS  b°m  *  «r 

lanuary  23,   1819.     He  was  the   third   son  of  William  Nelson    a  renresen 

tatiye  m  congress,  a  lawyer  by  profession,  and  a  man  of  worth  andPpubHc 
spirit.     Thomas  graduated  at  Williams  college  at  the  acre  of  17      Be  n-  still 
very  young  he  was  placed  under  a  private  Sor  of  ability  °n  ^w&cfty 
nprr     l?1&f         Udyht^atUre  and  the  French  ^guage      He  also  attended 
a  ?er  wl  I'd  T68'  T?7£g  m  ^^  WayS  thorouS£  cultu^and  scholS   p, 
after  which  he  added  European  travel  to  his  other  sources  of  knowledge 
finally  adopting  law  as  a  profession.     Advancing  in  the  practice  of  the  latv' 
he  became  an  attorney  and  counsellor  of  the  supreme  court  of  £e  United 
States  and  was  practising  with  his  father  in  Westchester  county,  New  Yo  k 
when  he  was  appointed  chief  justice  of  Oregon.     Jud^e  Nelson's 
character  was  faultless,  his  manners  courteous!  and  hLfeariTm 

**'  Sketches>  69-72'  s- 


156  ADMINISTRATION  OF  GAINES. 

This  condition  of  society  encouraged  the  expression 
of  public  indignation  pleasing  to  party  prejudices  and 
to  the  political  aspirations  of  party  leaders.  At  a 
meeting  held  in  Portland  April  1st,  it  was  resolved 
that  the  president  of  the  United  States  should  be 
informed  of  the  neglect  of  the  judges  of  the  first  and. 
second  districts,  no  court  having  been  held  in  Wash 
ington  county  since  the  previous  spring;  nor  had 
any  judge  resided  in  the  district  to  whom  application 

he  was  living.  A  special  term  of  court  was  held  on  the  28th  of  March  to  try 
Kendall,  who  was  defended  by  W.  G.  T'Vault  and  B.  F.  Harding,  convicted, 
sentenced  by  Judge  Strong,  and  executed  on  the  18th  of  April,  there  being 
at  the  time  no  jail  in  which  to  confine  criminals  in  Marion  county.  About 
the  same  time  a  sailor  named  Cook  was  shot  by  William  Keene,  a  gambler, 
in  a  dispute  about  a  game  of  ten-pins.  Keene  was  also  tried  before  Judge 
Strong,  convicted  of  manslaughter,  and  sentenced  to  six  years  in  the  peniten 
tiary.  As  the  jury  had  decided  that  he  ought  not  to  hang,  and  he  could  not 
be  confined  in  an  imaginary  penitentiary,  he  was  pardoned  by  the  governor. 
Or.  Statesman,  May  10,  1851.  Creed  Turner  a  few  months  after  stabbed  and 
killed  Edward  A.  Bradbury  from  Cincinnati,  Ohio,  out  of  jealousy,  both 
being  in  love  with  a  Miss  Bonser  of  Sauv6  Island.  Deady  defended  him 
before  Judge  Pratt,  but  he  was  convicted  and  hanged  in  the  autumn.  Id., 
Oct.  28,  1851;  Deadifs  Hist.  Or.,  MS.,  59.  In  Feb.  1852  William  Everman, 
a  desperate  character,  shot  and  killed  Serenas  C.  Hooker,  a  worthy  farmer  of 
Polk  county,  for  accusing  him  of  taking  a  watch.  He  also  was  convicted  and 
hanged.  He  had  three  associates  in  crime,  Hiram  Everman,  his  brother,  who 
plead  guilty  and  was  sentenced  to  three  years  in  the  penitentiary;  Enoch  Smith, 
who  escaped  by  the  disagreement  of  the  jury,  was  rearrested,  tried  again, 
sentenced  to  death,  and  finally  pardoned;  and  David  J.  Coe,  who  by  obtaining 
a  change  of  venue  was  acquitted.  As  there  was  no  prison  where  Hiram 
Everman  could  serve,  he  was  publicly  sold  by  the  sheriff  on  the  day  of  his 
brother's  execution,  to  Theodore  Prather,  the  highest  bidder,  and  was  set  at 
liberty  by  the  petition  of  his  master  just  before  the  expiration  of  the  three 
years.  Smith  touk  a  land-claim  in  Lane  county,  and  married.  After  several 
years  his  wife  left  him  for  some  cause  unknown.  He  shot  himself  in  April 
1877,  intentionally,  as  it  was  believed.  Salem  Mercury,  April  18,  1877.  About 
the  time  of  the  former  murder,  Nimrod  O'Kelly,  inBenton  county,  killed  Jere 
miah  Mahoney ,  in  a  quarrel  about  a  land-claim .  He  was  sentenced  to  the  peni 
tentiary  and  pardoned.  In  August,  in  Polk  county,  Adam  E.  Wimple,  35 
years  of  age,  murdered  his  wife,  a  girl  of  fourteen,  setting  fire  to  the  house 
to  conceal  his  crime.  He  had  married  this  child,  whose  name  was  Mary 
Allen,  about  one  year  before.  Wimple  was  a  native  of  New  York.  S.  F. 
Alta,  Sept.  28,  1852.  He  was  hanged  at  Dallas  October  8,  1852.  Or.  States 
man,  Oct.  23,  1852.  Robert  Maynard  killed  J.  C.  Platt  on  Rogue  River  for 
ridiculing  him.  He  was  executed  by  vigilants.  Before  the  election  of  officers 
for  Jackson  county,  one  Brown  shot  another  man,  was  arrested,  tried  before 
W.  W.  Fowler,  temporarily  elected  judge,  and  hanged.  Prim's  Judic.  Affairs 
in  Southern  Or.,  MS.,  10.  In  July  1853,  Joseph  Nott  was  tried  for  the  mur 
der  of  Ryland  D.  Hill  whom  he  shot  in  an  affray  in  Umpqua  county.  He 
was  acquitted.  Many  lesser  crimes  appear  to  have  been  committed,  such  as 
burglary  and  larceny;  and  frequent  jail  deliveries  were  effected,  these  struc 
tures  being  built  of  logs  and  not  guarded.  In  two  years  after  the  discovery 
of  gold  in  California,  Oregon  had  a  criminal  calender  as  large  in  proportion  to 
the  population  as  the  older  states. 


EXPULSION  OF  NEGROES.  157 

could  be  made  for  the  administration  of  the  laws. 
The  president  should  be  plainly  told  that  there  were 
"many  respectable  individuals  in  Oregon  capable  of 
discharging  the  duties  of  judges,  or  filling  any  offices 
under  the  territorial  government,  who  would  either 
discharge  their  duties  or  resign  their  offices."29  The 
arrival  of  the  new  chief  justice,  and  Pratt,  brought  a 
temporary  quiet.  Strong  went  to  reside  at  Cathlamet, 
in  his  own  district,  and  the  other  judges  in  theirs. 

At  the  first  term  of  court  held  in  Clackamas  county 
by  Chief  Justice  Nelson,  he  was  called  upon  to  decide 
upon  the  constitutionality  of  the  law  excluding  negroes 
from  Oregon.  This  law,  first  enacted  by  the  provis 
ional  legislature  in  1844,  had  been  amended,  reenacted, 
and  clung  to  by  the  law-makers  of  Oregon  with  sin 
gular  pertinacity,  the  first  territorial  legislature  reviv 
ing  it  among  their  earliest  enactments.  Thurston, 
when  questioned  in  congress  concerning  the  matter, 
defended  the  law  against  free  blacks  upon  the  ground 
that  the  people  dreaded  their  influence  among  the 
Indians,  whom  they  incited  to  hostilities.30  Such  a 
reason  had  indeed  been  given  in  1844,  when  two  dis 
orderly  negroes  had  caused  a  collision  between  wrhite 
men  and  Indians,  but  it  could  not  be  advanced  as  a 
sufficient  explanation  of  the  settled  determination  of 
the  founders  of  Oregon  to  keep  negroes  out  of  the 
territory,  because  all  the  southern  and  western  fron 
tier  states  had  possessed  a  large  population  of  blacks, 
both  slave  and  free,  at  the  time  they  had  fought  the 
savages,  without  finding  the  negroes  a  dangerous  ele 
ment  of  their  population.  It  was  to  quite  another 
cause  that  the  hatred  of  the  African  was  to  be  ascribed; 
namely,  scorn  for  an  enslaved  race,  which  refused 
political  equality  to  men  of  a  black  skin,  and  which 
might  raise  the  question  of  slavery  to  disturb  the 
peace  of  society.  It  was  riot  enough  that  Oregon 

29  Or.  Statesman,  April  11,  1851.  Among  those  taking  part  in  this  meet 
ing  were  \V.  W.  Chapman,  D.  H.  Lounsdale,  H.  D.  O'Bryant,  J.  S.  Smith, 
Z.  C.  Norton,  S.  Coffin,  W.  B.  Otway,  and  N.  Northrop. 

"Cong.  Globe,  1849-50,  1079,  1091. 


158  ADMINISTRATION  OF  GAINES. 

should  be  a  free  territory  which  could  not  make  a 
bondsman  of  a  black  man,  but  it  must  exclude  the 
remainder  of  the  conflict  then  raging  on  his  behalf  in 
certain  quarters.  Judge  Nelson  upheld  the  constitu 
tionality  of  the  law  against  free  blacks,  and  two  of 
fenders  were  given  thirty  days  in  which  to  leave  the 
territory.31 

The  judges  found  a  large  number  of  indictments  in 
the  first  and  second  districts.32  The  most  important 
case  in  Yamhill  county  was  one  to  test  the  legality 
of  taxing  land,  or  selling  property  to  collect  taxes, 
and  was  brought  by  C.  M.  Walker  against  the  sheriff, 
Andrew  Shuck,  Pratt  deciding  that  there  had  been 
no  trespass.  In  the  cases  in  behalf  of  the  United 
States,  Deady  was  appointed  commissioner  in  chan 
cery,  and  I) avid  Logan83  to  take  affidavits  and 
acknowledgments  of  bail  under  the  laws  of  congress. 
The  law  practitioners  of  1850—1—2  in  Oregon  had  tho 
opportunity,  and  in  many  instances  the  talent,  to 
stamp  themselves  upon  the  history  of  the  common 
wealth,  supplanting  in  a  great  degree  the  men  who 
were  its  founders,34  while  endeavoring  to  rid  the  terri- 

31  By  a  curious  coincidence  one  of  the  banished  negroes  was  Winslow,  the 
culprit  in  the  Oregon  City  Indian  affair  of  1844,  who  had  lived  since  then  at 
the  mouth  of  the  Columbia.     Vanderpool  was  the  other  exiie.  8.  F.  Alta, 
Sept.  16,  1851;  Or.  Statesman,  Sept.  2,  1851. 

32  There  were  30  indictments  in  Yamhill  county  alone,  a  large  proportion 
being  for  breach  of  verbal  contract.     Six  were  for  selling  liquor  to  Indians, 
being  federal  cases. 

3a  Logan  was  born  in  Springfield,  111.,  in  1824.  His  father  was  an  eminent 
lawyer,  and  at  one  time  a  justice  of  the  supreme  court  of  Illinois.  David  im 
migrated  to  Oregon  in  1850  and  settled  at  Lafayette.  He  ran  against  Deady 
for  the  legislature  in  1851  and  was  beaten.  Soon  after  he  removed  to  Port 
land,  where  he  became  distinguished  for  his  shrewdness  and  powers  of  oratory, 
being  a  great  jury  lawyer.  He  married  in  1862  Mary  P.  Waldo,  daughter  of 
Daniel  Waldo.  Bis  highly  excitable  temperament  led  him  into  excesses 
which  injured  his  otherwise  eminent  standing,  and  cut  short  his  brilliant 
career  in  1874.  Salem  Mercury,  April  3,  1874. 

34  The  practising  attorneys  at  this  time  \vere  A.  L.  Lovejoy,  W.  G.  T'Vault, 
J.  Quinn  Thornton,  E.  Hamilton,  A.  Holbrook,  Matthew  P.  Deady,  B.  F.  Hard 
ing,  R.  P.  Boise,  David  Logan,  E.  M.  Barnum,  J.  W.  Nesmith,  A.  D.  M. 
Harrison,  James  McCabe,  A.  C.  Gibbs,  S.  F.  Chadwick,  A.  B.  P.  Wood,  T. 
McF.  Patton,  F.  Tilford,  A.  Campbell,  D.  B.  Brenan,  W.  W.  Chapman,  A. 
E.  Wait,  S.  D.  May  re,  John  A.  Anderson,  and  C.  Lancaster.  There  were 
others  who  had  been  bred  to  a  legal  profession,  who  were  at  work  in  the 
mines  or  living  on  land  claims,  some  of  whom  resumed  practice  as  society 
became  more  organized. 


POLITICS  AND  SOCIETY.  159 

tory  of  men  whom  they  regarded  as  transient,  whose 
places  they  coveted. 

There  is  always  presumably  a  coloring  of  truth  to 
charges  brought  against  public  officers,  even  when 
used  for  party  purposes  as  they  were  in  Oregon.  The 
democracy  were  united  in  their  determination  to  see 
nothing  good  in  the  federal  appointees,  with  the  ex 
ception  of  Pratt,  who  besides  being  a  democrat  had 
been  sent  to  them  by  President  Polk.  On  the  other 
hand  there  were  those  who  censured  Pratt35  for  being 
what  he  was  in  the  eyes  of  the  democracy.  The 
governor  was  held36  equally  objectionable  with  the 
judges,  first  on  account  of  the  position  he  had  taken 
on  the  capital  location  question,  and  again  for  main 
taining  Kentucky  hospitality,  and  spending  the  money 
of  the  government  freely  without  consulting  any  one, 
and  as  his  enemies  chose  to  believe  without  any  care 
for  the  public  interests.  A  sort  of  gay  and  fashion 
able  air  was  imparted  to  society  in  Oregon  City  by 
the  families  of  the  territorial  officers  and  the  hospita 
ble  Dr  McLoughlin,37  which  was  a  new  thing  in  the 
Willamette  Valley,  and  provoked  not  a  little  jealousy 
among  the  more  sedate  and  surly.38 

33  W.  W.  Chapman  for  contempt  of  court  was  sentenced  by  Pratt  to  twenty 
days'  imprisonment  and  to  have  his  name  stricken  from  the  roll  of  attorneys. 
It  was  a  political  issue.  Chapman  was  assisted  by  his  Portland  friends  to 
escape,  was  rearrested,  and  on  application  to  Judge  Nelson  discharged  on  a 
writ  of  error.  32d  Cong.,  l*t  Sess.,  Misc.  Doc.  9,  3.  See  also  case  of  Arthur 
Fayhie  sentenced  by  Pratt  for  contempt,  in  which  Nelson  listened  to  a  charge 
by  Fayhie  of  misconduct  in  office  on  the  part  of  Pratt,  and  discharged  the 
prisoner  by  the  advice  of  Strong. 

36 An  example  of  the  discourtesy  used  toward  the  federal  officers  was 
given  when  the  governor  was  bereaved  of  his  wife  by  an  accident.  Mrs  Games 
was  riding  on  the  Clatsop  plains,  whither  she  had  gone  on  an  excursion,  when 
her  horse  becoming  frightened  at  a  wagon  she  was  thrown  under  the  wheels, 
receiving  injuries  from  which  she  died.  The  same  paper  which  announced  her 
death  attacked  the  governor  with  unstinted  abuse.  Mrs  Gaines  was  a 
daughter  of  Nicholas  Kincaid  of  Versailles,  Ky.  Her  mother  was  Priscilla 
McBride.  She  was  born  March  13,  1800,  and  married  to  Gaines  June  22, 
1819.  Or.  Spectator,  Aug.  19,  1851.  About  fifteen  months  after  his  wife's 
death,  Gaines  married  Margaret  B.  Wands,  one  of  the  five  lady  teachers  sent 
to  Oregon  by  Gov.  Slade.  Or.  Statesman,  Nov.  27,  1851. 

3'Mrs  M.  E.  Wilson  in  Or.  Sketches,  MS.,  19. 

38 Here  is  what  one  says  of  Oregon  City  society  at  the  time:  All  was 
oddity.  'Clergymen  so  eccentric  as  to  have  been  thrown  over  by  the  board 
on  account  of  their  queerness,  had  found  their  way  hither,  and  fought  their 
way  among  peculiar  people,  into  positions  of  some  kind.  People  were  odd 


160  ADMINISTRATION  OF  GAINES. 

In  order  to  sustain  his  position  with  regard  to  the 
location  act,  Games  appealed  for  an  opinion  to  the 
attorney-general  of  the  United  States,  who  returned 
for  an  answer  that  the  legislature  had  a  right  to  locate 
the  seat  of  government  without  the  consent  of  the 
governor,  but  that  the  governor's  concurrence  was 
necessary  to  make  legal  the  expenditure  of  the  appro 
priations,39  which  reply  left  untouched  the  point  raised 
by  Gaines,  that  the  act  was  invalid  because  it  em 
braced  more  than  one  object.  With  regard  to  this 
matter  the  attorney -general  was  silent,  and  the 
quarrel  stood  as  at  the  beginning,  the  governor  re 
fusing  to  recognize  the  law  of  the  legislature  as  binding 
on  him.  His  enemies  ceased  to  deny  the  unconstitu 
tionally  of  the  law,  admitting  that  it  might  prove 
void  by  reason  of  non-conformity  to  the  organic  act, 
but  they  contended  that  until  this  was  shown  to  be 
true  in  a  competent  court,  it  was  the  law  of  the  land ; 
and  to  treat  it  as  a  nullity  before  it  had  been  disap 
proved  by  congress,  to  which  all  the  acts  of  the  legis 
lature  must  be  submitted,  was  to  establish  a  dangerous 
precedent,  a  principle  striking  at  the  foundation  of  all 
law  and  the  public  security. 

Into  this  controversy  the  United  States  judges 
were  necessarily  drawn,  the  organic  act  requiring 
them  to  hold  a  term  of  court,  annually,  at  the  seat  of 
government;  any  two  of  the  three  constituting  a 

in  dress  as  well.  Whenever  one  wished  to  appear  well  before  his  or  her 
friends,  they  resurrected  from  old  chests  and  trunks  clothes  made  years  ago. 
Now,  as  one  costumer  in  one  part  of  the  world  at  one  time,  had  made  one 
dress,  and  another  had  made  at  another  time  another  dress,  an  assembly  in 
Oregon  at  this  time  presented  to  a  new-comer,  accustomed  to  only  one  fashion 
at  once,  a  peculiar  sight.  Mrs  Walker,  wife  of  a  missionary  at  Chimikane, 
near  Fort  Colville,  having  been  1 1  years  from  her  clothed  sisters,  on  coming 
to  Oregon  City  was  surprised  to  find  her  dresses  as  much  in  the  fashion  as 
any  of  the  rest  of  them.'  Mrs  Wikon,  Or.  Sketches,  MS.,  16,  17.  Another 
says  of  the  missionary  and  pioneer  families:  'One  lady  who  had  been  living  at 
Clatsop  since  1846  had  a  parasol  well  preserved,  at  least  30  years  old,  with  a 
folding  handle  and  an  ivory  ring  to  slip  over  the  folds  when  closed.  Another 
lady  had  a  bonnet  and  shawl  of  nearly  the  same  age  which  she  wore  to  church. 
All  these  articles  were  of  good  quality,  and  an  evidence  of  past  fashion 
and  respectability. '  Manners  as  well  as  clothes  go  out  of  mode,  and  much  of 
the  oddity  Mrs  Wilson  discovered  in  an  Oregon  assembly  in  Gov.  Games' 
time  was  only  manners  out  of  fashion. 

39  Or.  Spectator,  July  29,  1851;  Or.  Statesman,  Aug.  5,  1851. 


OPPOSITION  GOVERNMENTS.  161 

quorum.40  On  the  first  of  December,  the  legislature- 
elect41  convened  at  Salem,  as  the  capital  of  Oregon, 
except  one  councilman,  Columbia  Lancaster,  and  four 
representatives,  A.  E.  Wait,  W.  F.  Matlock,  and 
D.  F.  Brownfield.  Therefore  this  small  minoritv 
organized  as  the  legislative  assembly  of  Oregon,  at 
the  territorial  library  room  in  Oregon  Cityfwas  quali 
fied  by  Judge  Strong,  and  continued  to  meet  and 
adjourn  for  two  weeks.  Lancaster,  the  single  coun 
cilman,  spent  this  fortnight  in  making  motions  and 
seconding  them  himself,  and  preparing  a  memorial  to 
congress  in  which  he  asked  for  an  increase  in  the 
number  of  councilrnen  to  fifteen;  for  the  improve 
ment  of  the  Columbia  River;  for  a  bounty  of  one 
hundred  and  sixty  acres  of  land  to  the  volunteers  in 
the  Cayuse  war;  a  pension  to  the  widows  and  orphans 
of  the  men  killed  in  the  war;  troops  to  be  stationed 
at  the  several  posts  in  the  territory;  protection  to 
the  immigration;  ten  thousand  dollars  to  purchase 
a  library  for  the  university,  and  a  military  road  to 
Puget  Sound.42 

About  this  time  the  supreme  court  met  at  Oregon 
City,  Judges  Nelson  and  Strong  deciding  to  adopt 

40  Or.  Gen.  Laws,  1845-1864,  71. 

41  The  council  was  composed  of  Matthew  P.  Deady,  of  Yamhill;  J.  M.  Gar 
rison,  of  Marion;  A.  L.  Lovejoy,  of  Clackamas;  Fred.  Waymire,  of  Polk;  W.  B. 
Mealey,  of  Linn;  Samuel  Parker,  of  Clackamas  and  Marion;  A.  L.  Humphrey, 
of  Benton;  Lawrence  Hall,  of  Washington;  Columbia  Lancaster,  of  Lewis, 
Clark,  and  Vancouver  counties.     The  house  consisted  of  Geo.  L.  Curry,  A.  E. 
Wait,  and  W.  T.  Matlock,  of  Clackamas;  Benj.  Simpson,  Wilie  Chapnian,  and 
James  Davidson,  of  Marion;  J.  C.  Avery  and  Geo.  E.  Cole,  of  Benton;  Luther 
White  and  William  Allphin,  of  Linn;  Ralph  Wilcox,  W.  M.  King,  and  J. 
C.   Bishop,  of  Washington;  A.  J.  Hembree,  Samuel  McSween,  and  R.  C. 
Kinney,  of  Yamhill;  Nat  Ford  and  J.  S.  Holman  of  Polk;  David  M.  Risdon, 
of  Lane;  J.  W.  Drew,  of  Umpqua;  John  A.  Anderson  and  D.  F.  Brownfield 
of  Clatsop  and  Pacific.  Or.  Statesman,  July  4,  1851. 

42  In  style  Lancaster  was  something  of  a  Munchausen.    'It  is  true, '  he  says 
in  his   memorial,  which  must  indeed  have  astonished  congress,   'that  the 
Columbia  River,  like  the  principles  of  civil  and  religious  equality,  with  wild 
and  unconquerable  fury  has  burst  asunder  the  Cascade  and  Coast  ranges  of 
mountains,  and  shattered  into  fragments  the  basaltic  formations,' etc.  32d 
Cong.,  1st  Sens.,  H.  Misc.  Doc.  14,  1-5;  Or.  Stateman,  Jan.   13,  1852.    'Ba 
saltic  formation'  then  became  a  sobriquet  for  the  whig  councilman  among  the 
Salem  division  of  the  legislature.     The  memorial  was  signed  '  Columbia  Lan 
caster,  late  president  pro  tern,  of  the  council,  and  W.  T.  Matlock,  late  speaker 
pro  tern,  of  the  house  of  representatives.' 

HIST.  OB.,  VOL.  II.    11 


162  ADMINISTRATION  OF  GAINES. 

the  governor's  view  of  the  seat-of-government  ques 
tion,  while  Pratt,  siding  with  the  main  body  of  the 
legislature,  repaired  to  Salem  as  the  proper  place  to 
hold  the  annual  session  of  the  United  States  court. 
Thus  a  majority  of  the  legislature  convened  at  Salem 
as  the  seat  of  government,  and  a  majority  of  the  su 
preme  court  at  Oregon  City  as  the  proper  capital; 
and  the  division  was  likely  to  prove  a  serious  bar  to 
the  legality  of  the  proceedings  of  one  or  the  other.43 
The  majority  of  the  people  were  on  the  side  of  the 
legislature,  and  ready  to  denounce  the  imported  judges 
who  had  set  themselves  up  in  opposition  to  their 
representatives.  Before  the  meeting  of  the  legisla 
tive  body  the  people  on  the  north  side  of  the  Colum 
bia  had  expressed  their  dissatisfaction  with  Strong 
for  refusing  to  hold  court  at  the  place  selected  by  the 
county  commissioners,  according  to  an  act  of  the  legis 
lature  requiring  them  to  fix  the  place  of  holding  court 
until  the  county  seat  should  be  established.  The 
place  selected  was  at  the  claim  of  Sidney  Ford,  on  the 
Chehalis  River,  whereas  the  judge  went  to  the  house 
of  John  R.  Jackson,  twenty  miles  distant,  and  sent  a 
peremptory  order  to  the  jurors  to  repair  to  the  same 
place,  which  they  refused  to  do,  on  the  ground  that 
they  had  been  ordered  in  the  manner  of  slave-driving, 
to  which  they  objected  as  unbecoming  a  judge  and 
insulting  to  themselves.  A  public  meeting  was  held, 
at  which  it  was  decided  that  the  conduct  of  the  judge 
merited  the  investigation  of  the  impeaching  power.44 
The  proceedings  of  the  meeting  were  published 
about  the  time  of  the  convening  of  the  assembly,  and 
a  correspondence  followed,  in  which  J.  B.  Chapman 

43  Francis  Ermatinger  being  citod  to  appear  in  a  case  brought  against  him 
at  Oregon  City,  objected  to  the  hearing  of  the  cause  upon  the  ground  that  the 
law  required  a  majority  of  the  judges  of  the  court  to  be  present  at  the  seat  of 
government,  which  was  at  Salem.  The  chief  justice  said  in  substance:  'By 
the  act  of  coming  here  we  have  virtually  decided  this  question.'  Or.  Specta 
tor,  Dec.  2,  1851. 

"The  principal  persons  in  the  transactions  of  the  indignation  meeting 
were  J.  B.  Chapman,  M.  T.  Simmons,  D.  F.  Brownfield,  W.  P.  Dougherty, 
E.  Sylvester,  Thos.  W.  Glasgow,  and  James  McAllister.  Or.  Statesman,)  Dec. 
.2,  1851. 


IN  SESSION  AT  SALEM.  163 

exonerated  Judge  Strong,  declaring  that  the  senti 
ment  of  the  meeting  had  been  maliciously  misrepre 
sented;  Strong  replying  that  the  explanation  was 
satisfactory  to  him.  But  the  Statesman,  ever  on  the 
alert  to  pry  into  actions  and  motives,  soon  made  it 
appear  that  the  reconciliation  had  not  been  between 
the  people  and  Strong,  but  that  W.  W.  Chapman, 
who  had  been  dismissed  from  the  roll  of  attorneys  in 
the  second  district,  had  himself  written  the  letter  and 
used  means  to  procure  his  brother's  signature  with  the 
object  of  being  admitted  to  practice  in  the  first  dis 
trict;  the  threefold  purpose  being  gained  of  exculpa 
ting  Strong,  undoing  the  acts  of  Pratt,  and  replacing 
Chapman  on  the  roll  of  attorneys.45 

A  majority  of  the  legislative  assembly  having  con 
vened  at  Salem,  that  body  organized  by  electing 
Samuel  Parker  president  of  the  council,  and  Richard 
J.  White,  chief  clerk,  assisted  by  Chester  N.  Terry  and 
Thomas  B.  Micou.  In  the  house  of  representatives 
William  M.  King  was  elected  speaker,  and  Benjamin 
P.  Harding  chief  clerk.  Having  spent  several  days 
in  making  and  adopting  rules  of  procedure,  on  the  5th 
of  December  the  representatives  informed  the  council 
of  their  appointment  of  a  committee,  consisting  of 
Cole,  Anderson,  Drew,  White,  and  Chapman,  to  act 
in  conjunction  with  a  committee  from  the  council,  to 
draft  resolutions  concerning  the  course  pursued  by 
the  federal  officers.46  The  message  of  the  representa 
tives  was  laid  on  the  table  until  the  8th.  In  the 
mean  time  Deady  offered  a  resolution  in  the  council 
that,  in  view  of  the  action  of  Nelson  and  Strong, 
a  memorial  be  sent  to  congress  on  the  subject.  Hall 
followed  this  resolution  with  another,  that  Hamil 
ton,  secretary  of  the  territory,  should  be  informed 
that  the  legislative  assembly  was  organized  at  Salem, 
and  that  his  services  as  secretary  were  required  at  the 

46  Or.  Statesman,  Feb.  3,  1852. 
46  Ur.  Council,  Jour.  1851-2,  10. 


164  ADMINISTRATION  OF  GAINES. 

place  named,  which  was  laid  on  the  table.  Finally, 
on  the  9th,  a  committee  from  both  houses  to  draft 
a  memorial  to  congress  was  appointed,  consisting  of 
Curry,  Anderson,  and  Avery,  on  the  part  of  the 
representatives,  and  Garrison,  Waymire,  and  Humph 
rey,  on  the  part  of  the  council.47 

Pratt's  opinion  in  the  matter  was  then  asked,  which 
sustained  the  legislature  as  against  the  judges.  Rec 
tor  was  then  ordered  to  bring  the  territorial  library 
from  Oregon  City  to  Salem  on  or  before  the  first 
day  of  January  1852,  which  was  not  permitted  by 
the  federal  officers.48 

The  legislators  then  passed  an  act  re-arranging  the 
judicial  districts,  and  taking  the  counties  of  Linn, 
Marion,  and  Lane  from  the  first  and  attaching  them 
to  the  second  district.49  This  action  was  justified  by 
the  Statesman,  on  the  ground  that  Judge  Nelson  had 
proclaimed  that  he  should  decree  all  the  legislation 
of  the  session  held  at  Salem  null.  On  the  other  hand 
the  people  of  the  three  counties  mentioned,  excepting 
a  small  minority,  held  them  to  be  valid;  and  it  was 
better  that  Pratt  should  administer  the  laws  peace 
fully  than  that  Nelson  should,  by  declaring  them 
void,  create  disorder,  and  cause  dissatisfaction.  The 
latter  was,  therefore,  left  but  one  county,  Clackamas, 
in  which  to  administer  justice.  But  the  nullifiers, 
as  the  whig  officials  came  now  to  be  called,  were  not 

47  Or.  Council,  Jour.  1851-%,  12-13.  This  committee  appears  to  have  been 
intended  to  draft  a  memorial  on  general  subjects,  as  the  memorial  concerning 
the  interference  of  the  governor  and  the  condition  of  the  judiciary  was  drawn 
by  a  different  committee. 

48 The  Statesman  of  July  3d  remarked:  *  The  territorial  library,  the  gift  of 
congress  to  Oregon,  became  the  property,  to  all  intents  and  purposes,  of  the 
federal  clique,  who  refused  to  allow  the  books  to  be  removed  to  Salem,  and 
occupied  the  library  room  daily  with  a  librarian  of  the  governor's  appointing. ' 
A  full  account  of  the  affair  was  published  in  a  little  sheet  called  Vox  Populi, 
printed  at  Salem,  and  devoted  to  legislative  proceedings  and  the  location 
question.  The  first  number  was  issued  on  the  18th  of  December  1851.  The 
standing  advertisement  at  the  head  of  the  local  column  was  as  follows:  '  The 
Vox  Populi  will  be  published  and  edited  at  Salem,  0.  T.,  during  the  session 
of  the  legislative  assembly  by  an  association  of  gentlemen. '  This  little  paper 
contained  a  great  deal  that  was  personally  disagreeable  to  the  federal  officers. 

49  Deady'*  Hist.  Or.,  MS.,  27-8;  Strong's  Hist.  Or.,  MS.,  62-3;  Grover's 
Pub.  Life  in  Or.,  MS.,  53. 


LAWS  ENACTED.  165 

without  their  friends.  The  Oregonian,  which  was 
the  accredited  organ  of  the  federal  clique,  was  loud 
in  condemnation  of  the  course  pursued  by  the  legisla 
tors,  while  the  Spectator,  which  professed  to  be  an  in 
dependent  paper,  weakly  supported  Governor  Gaines 
and  Chief  Justice  Nelson.  Even  in  the  legislative 
body  itself  there  was  a  certain  minority  who  protested 
against  the^acts  of  the  majority,  not  on  the  subject 
of  the  location  act  alone,  or  the  change  in  the  judicial 
districts,  leaving  the  chief  justice  one  county  only  for 
his  district,  but  also  on  account  of  the  memorial  to 
congress,  prepared  by  the  joint  committee  from  both 
houses,  setting  forth  the  condition  of  affairs  in  the 
territory,  and  asking  that  the  people  of  Oregon  might 
be  permitted  to  elect  their  governor,  secretary,  and 
judges. 

The  memorial  passed  the  assembly  almost  by  accla 
mation,  three  members  only  voting  against  it,  one  of 
them  protesting  formally  that  it  was  a  calumnious 
document.  The  people  then  took  up  the  matter,  pub 
lic  meetings  being  held  in  the  different  counties  to 
approve  or  condemn  the  course  of  the  legislature,  a 
large  majority  expressing  approbation  of  the  assembly 
and  censuring  the  whig  judges.  A  bill  was  finally 
passed  calling  for  a  constitutional  convention  in  the 
event  of  congress  refusing  to  entertain  their  petition 
to  permit  Oregon  to  elect  her  governor  and  judges. 
This  important  business  having  been  disposed  of,  the 
legislators  addressed  themselves  to  other  matters. 
Lane  was  instructed  to  ask  for  an  amendment  to  the 
land  law;  for  an  increase  in  the  number  of  councilmen 
in  proportion  to  the  increase  of  representatives;  to 
procure  the  immediate  survey  of  Yaquina  Bay  and 
Umpqua  Eiver;  to  procure  the  auditing  and  payment 
of  the  Cayuse  war  accounts;  to  have  the  organic  act 
amended  so  as  to  allow  the  county  commissioners  to 
locate  the  school  lands  in  legal  subdivisions  or  in  frac 
tions  lying  between  claims,  without  reference  to  size 
or  shape,  where  the  sixteenth  and  thirty-sixth  sec- 


166  ADMINISTRATION  OF  GAINES. 

tions  were  already  settled  upon;  to  have  the  postal 
agent  in  Oregon50  instructed  to  locate  post-offices  and 
establish  mail  routes,  so  as  to  facilitate  correspondence 
with  different  portions  of  the  territory,  instead  of 
aiming  to  increase  the  revenue  of  the  general  govern 
ment;  to  endeavor  to  have  the  mail  steamship  con 
tract  complied  with  in  the  matter  of  leaving  a  mail  at 
the  mouth  of  the  Umpqua  River,  and  to  procure  the 
change  of  the  port  of  entry  on  that  river  from  Scotts- 
burg  to  Umpqua  City.  Last  of  all,  the  delegate  was 
requested  to  advise  congress  of  the  fact  that  the  ter 
ritorial  secretary,  Hamilton,  refused  to  pay  the  legis 
lators  their  dues;  and  that  it  was  feared  the  money 
had  been  expended  in  some  other  manner. 

Several  new  counties  were  created  at  this  session, 
raising  the  whole  number  to  sixteen.  An  act  to  create 
and  organize  Simmons  out  of  a  part  of  Lewis  county 
was  amended  to  make  it  Thurston  county,  and  the 
eastern  limits  of  Lewis  were  altered  and  defined.51 
Douglas  was  organized  out  of  Umpqua  county,  leav 
ing  the  latter  on  the  coast,  while  the  Umpqua  Valley 
constituted  Douglas.  The  county  of  Jackson  was 
also  created  out  of  the  southern  portion  of  the  former 
Umpqua  county,  comprising  the  valley  of  the  Rogue 
River,52  and  it  was  thought  the  Shasta  Valley.  These 
two  new  countries  were  attached  to  Umpqua  for  judi 
cial  purposes,  by  which  arrangement  the  Second  Judi 
cial  district  was  made  to  extend  from  the  Columbia 
River  to  the  California  boundary.53 

50  The  postal  agent  was  Nathaniel  Coe,  who  was  made  the  subject  of  invid 
ious  remark,  being  a  presidential  appointee. 

51  The  boundaries  are  not  given  in  the  reports.     They  were  subsequently 
changed  when  Washington  was  set  off.  See  Or.  Local  Laws,  1851-2,  13-15, 
30;  New  Tacoma  North  Pacific  Coast,  Dec.  15,  1879. 

52  A  resolution  was  passed  by  the  assembly  that  the  surveyor-general  be 
required  to  take  measures  to  ascertain  whether  the  town  known  as  Shasta 
Butte  City  j(Yreka)  was  in  Oregon  or  not,  and  to  publish  the  result  of  his 
observations  in  the  Statesman.  Or.  Council,  Jour.  1851-2,  53. 

53  The  first  term  of  the  United  States  district  court  held  at  the  new 
court-house  in  Cyntheann  was  in  October  1851.     At  this  term  James  Mc- 
Cabe,  B.  F.  Harding,  A.  B.  P.  Wood,  J.  W.  Nesmith,  and  W.  G.  T'Vault 
were  admitted  to  practice  in   the  Second  Judicial   district.     McCabe  was 
appointed  prosecuting  attorney,  Holbrook  having  gone  on  a  visit  to  the 


LAWS  AND  MEMORIALS.  167 

The  legislature  provided  for  taking  the  census  in 
order  to  apportion  representatives,  and  authorized  the 
county  commissioners  to  locate  the  election  districts; 
and  to  act  as  school  commissioners  to  establish  com 
mon  schools.  A  board  of  three  commissioners,  Har 
rison  Linnville,  Sidney  Ford,  and  Jesse  Applegate, 
was  appointed  to  select  and  locate  two  townships  of 
land  to  aid  in  the  establishment  of  a  university,  ac 
cording  to  the  provisions  of  the  act  of  congress  of  Sep 
tember  27,  1850. 

An  act  was  passed,  of  which  Waymire  was  the 
author,  accepting  the  Oregon  City  claim  according  to 
the  act  of  donation,  and  also  creating  the  office  of 
commissioner  to  control  and  sell  the  lands  donated  by 
congress  for  the  endowment  of  a  university;  but  it 
became  of  no  effect  through  the  failure  of  the  assem 
bly  to  appoint  such  an  officer.54  Deady  was  the 
author  of  an  act  exempting  the  wife's  half  of  a  donation 
claim  from  liability  for  the  debts  of  the  husband, 
which  was  passed,  and  which  has  saved  the  homesteads 
of  many  families  from  sheriff's  sale. 

Among  the  local  laws  were  two  incorporating  the 
Oregon  academy  at  Lafayette,  and  the  first  Methodist 
church  at  Salem.55  In  order  to  defeat  the  federal 

States.  J.  W.  Nesmith  was  appointed  master  and  commissioner  in  chancery, 
and  J.  H.  Lewis  commissioner  to  take  bail.  Lewis,  familiarly  known  as 
'Uncle  Jack,'  came  to  Oregon  in  1847  and  settled  on  La  Creole,  on  a  farm,  later 
the  property  of  John  M.  Scott,  on  which  a  portion  of  the  town  of  Dalks  is 
located.  Upon  the  resignation  of  H.  M.  Weller,  county  clerk,  in  August 
1851,  Lewis  was  appointed  in  his  place,  and  subsequently  elected  to  the 
office  by  the  people.  His  name  is  closely  connected  with  the  history  of  the 
county  and  of  Dallas.  The  first  term  of  the  district  court  held  in  anyj)art 
of  southern  Oregon  was  at  Yoncalla,  in  the  autumn  of  1852.  Gibbs1  Notes, 
MS.,  15.  The  first  courts  in  Jackson  county  about  1851-2  were  held  by 
justices  of  the  peace  called  alcaldes,  as  in  California.  Rogers  was  the  first, 
Abbott  the  second.  It  was  not  known  at  this  time  whether  Rogue  River 
Valley  fell  within  the  limits  of  California  or  Oregon,  and  the  jurisdiction 


225-30.  Pratt  ieft  Oregon  in  1856  to  reside  in  Cal.  He  had  done  substantial 
pioneer  work  on  the  bench,  and  owing  to  his  conspicuous  career  he  had  been 
criticised — doubtless  through  partisan  feeling. 

34  For  act  see  Or.  Statesman,  Feb.  3,  1852. 

55  Trustees  of  Oregon  academy:  Ahio  S.  Watt,  R.  P.  Boise,  James  McBride, 
A  J  Hembree,  Edward  Geary,  James  W.  Nesmith,  Matthew  P.  Deady,  R. 


168  ADMINISTRATION  OF  GAINES. 

officers  in  their  effort  to  deprive  the  legislators  of  the 
use  of  the  territorial  library,  an  act  was  passed  re 
quiring  a  five  thousand  dollar  bond  to  be  given  by 
the  librarian,  who  was  elected  by  the  assembly.56 

Besides  the  memorial  concerning  the  governor  and 
judges,  another  petition  addressed  to  congress  asked 
for  better  mail  facilities  with  a  post-office  at  each 
court-house  in  the  several  counties,  and  a  mail  route 
direct  from  San  Francisco  to  Puget  Sound,  showing 
the  increasing  settlement  of  that  region.  It  was 
asked  that  troops  be  stationed  in  the  Rogue  River 
Valley,  and  at  points  between  Fort  Hall  and  The 
Dalles  for  the  protection  of  the  immigration,  which 
this  year  suffered  several  atrocities  at  the  hands  of 
the  Indians  on  this  portion  of  the  route;  that  the  pay 
of  the  revenue  officers  be  increased;57  and  that  an  ap 
propriation  be  made  to  continue  the  geological  survey 
of  Oregon  already  begun. 

Having  elected  R.  P.  Boise  district -attorney  for 
the  first  and  second  judicial  districts,  and  I.  N.  Ebey 
to  the  same  office  for  the  third  district;  reflected 
Bush  territorial  printer,  and  J.  D.  Boon  territorial 
treasurer,58  the  assembly  adjourned  on  the  21st  of 
January,  to  carry  on  the  war  against  the  federal  offi 
cers  in  a  different  field.59 

C.  Kinney,  and  Joel  Palmer.  Or.  Local  Laws,  1851-2,  62-3.  The  Meth 
odist  church  in  Oregon  City  was  incorporated  in  May  1850. 

56  Ludwell  Rector  was  elected.     The  former  librarian  was  a  young  man 
who  came  out  with  Gaines,  and  placed  in  that  position  by  him  while  he  held 
the  clerkship  of  the  surveyor-general's  office,  and  also  of  the  supreme  court. 
Or.  Statesman,  Feb.  3,  1852. 

57  See  memorial  of  J.  A.  Anderson  of  Clatsop  County  in  Or.  Statesman, 
Jan.  20,  1852. 

58  J.  D.  Boon  was  a  Wesleyan  Methodist  preacher,  a  plain,  unlearned  man, 
honest  and  fervent,  an  immigrant  of  1845.     He  was  for  many  years  a  resident 
of  Salem,  and  held  the  office  of  treasurer  for  several  terms.    Deady's  Scrap 
Bool,  87. 

59  There  were  in  this  legislature  a  few  not  heretofore  specially  mentioned. 
J.  M.  Garrison,  one  of  the  men  of  1843,  before  spoken  of,  was  born  in  Indiana 
in  1813,  and  was  a  farmer  in  Marion  county.    Wilie  Chapman,  also  of  Marion, 
was  born  in  South  Carolina  in  1817,  reared  in  Tenn.,  and  came  to  Oregon  in 
1847.     He  kept  a  hotel  at  Salem.     Luther  White,  of  Linn,  preacher  and 
farmer,  was  born  in  1797  in  Ky,  and  immigrated  to  Oregon  in  1847.     A.  J. 
Hembree,   of  the  immigration  of  1843,  was  born  in  Tenn.   in   1813;  was  a 
merchant  and  farmer  in  Yamhill.     James  S.  Holman,  an  immigrant  of  1847, 


NEWSPAPER  .WAR.  169 

From  the  adjournment  of  the  legislative  assembly 
great  anxiety  was  felt  as  to  the  action  of  congress  in 
the  matter  of  the  memorial.  Meanwhile  the  news 
paper  war  was  waged  with  bitterness  and  no  great 
attention  to  decency.  Seldom  was  journalism  more 
completely  prostituted  to  party  and  personal  issues 
than  in  Oregon  at  this  time  and  for  several  years 
thereafter.  Private  character  and  personal  idiosyn 
crasies  were  subjected  to  the  most  scathing  ridicule. 

With  regard  to  the  truth  of  the  allegations  brought 
against  the  unpopular  officials,  from  the  evidence  be 
fore  me,  there  is  no  doubt  that  the  governor  was  vain 
and  narrow-minded ;  though  of  course  his  enemies  ex 
aggerated  his  weak  points,  while  covering  his  credit 
able  ones,60  and  that  to  a  degree  his  official  errors 
could  not  justify,  heaping  ridicule  upon  his  past  mili 
tary  career,  as  well  as  blame  upon  his  present  guberna 
torial  acts,61  and  accusing  him  of  everything  dishonest, 

was  born  in  Tenn.  in  1813;  a  farmer  in  Polk.  David  S.  Risdon  was  born  in 
Vt  in  1823,  came  to  Oregon  in  1850;  lawyer  by  profession.  John  A.  Ander 
son  was  born  in  Ky  in  1824,  reared  in  north  Miss.,  and  came  to  Oregon  in 
1850;  lawyer  and  clerk  in  the  custom-house  at  Astoria.  James  Davidson, 
born  in  Ky  in  1792;  emigrated  .thence  in  1847;  housejoiner  by  occupation. 
George  E.  Cole,  politician,  born  in  New  York  in  1820;  emigrated  thence  in 
1850  by  the  way  of  California.  He  removed  to  Washington  in  1858,  and  was 
sent  as  a  delegate  to  congress;  but  afterward  returned  to  Oregon,  and  held 
the  office  of  postmaster  at  Portland  from  1873  to  1881. 

60 A pp legate's  Views  of  Hist.,  MS.,  48.  Gaines  assaulted  Bush  in  the 
street  on  two  occasions;  once  for  accidentally  jostling  him,  and  again  for 
something  said  in  the  Statesman.  See  issues  of  Jan.  27th  and  June  29,  1852. 
A  writer  calling  himself  '  A  Kentuckian  '  had  attacked  the  governor's  exercise 
of  the  pardoning  power  in  the  case  of  Enoch  Smith,  reminding  his  excellency 
that  Kentucky,  which  produced  the  governor,  produced  also  nearly  all  the 
murderers  in  Oregon,  namely,  Keen,  Kendall,  Turner,  the  two  Evermans,  and 
Smith.  'Common  sense,  sir, 'said  this  correspondent,  'should  teach  you  that 
the  prestige  of  Kentucky  origin  will  not  sustain  you  in  your  mental  imbecility; 
and  that  Kentucky  aristocracy,  devoid  of  sense  and  virtue,  will  not  pass  cur 
rent  in  this  intelligent  market.'  Or.  Statesman,  June  15,  1852. 

61  John  P.  Gaines  was  born  in  Augusta,  Va,  in  September  1795,  removing 
to  Boone  county,  Ky,  in  early  youth.  He  volunteered  in  the  war  of  1812, 
being  in  the  battle  of  the  Thames  and  several  other  engagements.  He  rep 
resented  Boone  county  for  several  years  in  the  legislature  of  Ky,  and  was 
subsequently  sent  to  congress  from  1847  to  1849.  He  was  elected  major  of 
the  Ky  cavalry,  and  served  in  the  Mexican  war  until  taken  prisoner  at 
Encarnacion.  After  some  months  of  captivity  he  escaped,  and  joining  the 
army  served  to  the  end  of  the  war.  On  his  return  from  Mexico,  Taylor 
appointed  him  governor  of  Oregon.  When  his  term  expired  he  retired  upon 
a  farm  in  Marion  county,  where  he  resided  till  his  death  in  December  1857. 
8.  F.  Alta,  Jan.  4,  1858. 


170  ADMINISTRATION  OF  GAINES. 

from  drawing  his  family  stores  from  the  quarter-mas 
ter's  department  at  Vancouver,  to  re-auditing  and 
changing  the  values  of  the  certificates  of  the  commis 
sioners  appointed  to  audit  the  Cayuse  war  claims,  and 
retaining  the  same  to  use  for  political  purposes;62  the 
truth  being  that  these  claims  were  used  by  both  par 
ties.  Holbrook,  the  United  States  attorney,  was 
charged  with  dishonesty  and  with  influencing  both 
the  governor  and  judges,  and  denounced  as  being 
responsible  for  many  of  their  acts;63  a  judgment  to 
which  subsequent  events  seemed  to  give  color. 

At  the  regular  term,  court  was  held  in  Marion 
county.  Nelson  repaired  to  Salem,  and  was  met  by 
a  committee  with  offensive  resolutions  passed  at  a 
public  meeting,  and  with  other  tokens  of  the  spirit  in 
which  an  attempt  to  defy  the  law  of  the  territory,  as 
passed  at  the  last  session,  would  be  received.64  Mean 
time  the  opposing  parties  had  each  had  a  hearing  at 

62  Or.  Statesman,  Nov.  6,  1852;  Id.,  Feb.  26,  1853.     Whether  or  not  this 
was  true,  Lane  procured  an  amendment  to  the  former  acts  of  congress  in  order 
to  make  up  the  deficiency  said  to  have  been  occasioned  by  the  alteration  of 
the  certificates.  Cong.  Globe,  1852-3,  app.  341;  33d  Cong.,  1st  Sess.,  H.  Com. 
Kept.  122,  4-5. 

63  Memorial,  in  32d  Cong.,  1st  Sess.,  H.  Misc.  Doc.  9,  2;  Or.  Statesman, 
May  18,  1852. 

64The  ridicule,  however,  was  not  all  on  one  side.  There  appeared  in  the 
Oregonian,  and  afterward  in  pamphlet  form,  with  a  dedication  to  the  editors 
of  Vox  Populi,  a  satire  written  in  dramatic  verse,  and  styled  a  Melodrama, 
illustrated  with  rude  wood-cuts,  and  showing  considerable  ability  both  for 
composition  and  burlesque.  This  publication,  both  on  account  of  its  political 
effect  and  because  it  was  the  first  book  written  and  published  in  Oregon  of 
an  original  nature,  deserves  to  be  remembered.  It  contained  32  doublt-col- 
umned  pages,  divided  into  five  acts.  The  persons  satirized  were  Pratt, 
Deady,  Lovejoy,  King,  Anderson,  Avery,  Waymire,  Parker,  Thornton,  Will- 
son.  Bush,  Backenstos,  and  Waterman  of  the  Portland  Times.  The  author 
was  William  L.  Adams,  an  immigrant  of  1848,  a  native  of  Painesville,  Ohio, 
where  he  was  born  Feb.  1821.  His  parents  removed  to  Michigan  in  1834. 
In  1835  Adams  entered  college  at  Can  ton,  111.;  going  afterward  to  Galesburg, 
supporting  himself  by  teaching  in  the  vacations.  He  finished  his  studies  at 
Bethany  College,  Va,  and  became  a  convert  to  the  renowned  Alexander 
Campbell.  In  1845  he  married  Olivia  Goodell,  a  native  of  Maine,  and  settled 
in  Henderson  County,  111. ,  from  which  state  he  came  to  Oregon.  He  taught 
school  in  Yamhill  county,  and  was  elected  probate  judge.  He  was  of 
fered  a  press  at  Oregon  City  if  he  would  establish  a  whig  newspaper  at  that 
place,  which  he  declined;  but  in  1858  he  purchased  the  Spectator  press  and 
helped  materially  to  found  the  present  republican  party  of  Oregon.  He  was 
rewarded  with  the  collectorship  at  Astoria  under  Lincoln.  Portland  West 
Shore,  May,  1876. 


POLITICAL  ISSUES.  171 

Washington.  The  legislative  memorial  and  commu 
nications  from  the  governor  and  secretary  were  spread 
before  both  houses  of  congress.65  The  same  mail 
which  conveyed  the  memorial  conveyed  a  copy  of  the 
location  act,  the  governor's  message  on  the  subject, 
the  opinion  of  Attorney-General  Crittenden,  and  the 
opinions  of  the  district  judges  of  Oregon.  The  presi 
dent  in  order  to  put  an  end  to  the  quarrel  recom 
mended  congress  to  fix  the  seat  of  government  of 
Oregon  either  temporarily  or  permanently,  and  to 
approve  or  disapprove  the  laws  passed  at  Salem,  in 
conformity  to  their  decision66  in  favor  of  or  against 
that  place  for  the  seat  of  government.  To  disapprove 
the  action  of  the  assembly  would  be  to  cause  the 
nullification  of  many  useful  laws,  and  to  create  pro 
tracted  confusion  without  ending  the  political  feud. 
Accordingly  congress  confirmed  the  location  and  other 
laws  passed  at  Salem,  by  a  joint  resolution,  and  the 
president  signed  it  on  the  4th  of  May.67 

Thus  far  the  legislative  party  was  triumphant. 
The  imported  officials  had  been  rebuked;  the  course 
of  Governor  Gaines  had  been  commented  on  by  many 
of  the  eastern  papers  in  no  flattering  terms;  and  let 
ters  from  their  delegate  led  them  to  believe  that 
congress  might  grant  the  amendments  asked  to  the 
organic  act,  permitting  them  to  elect  their  governor 
and  judges.  The  house  did  indeed  on  the  22d  of 
June  pass  a  bill  to  amend,68  but  no  action  was  taken 
upon  it  in  the  senate,  though  a  motion  was  made  to 
return  it,  with  other  unfinished  business,  at  the  close 
of  the  session,  to  the  files  of  the  senate. 

The  difference  between  the  first  Oregon  delegate 
and  the  second  was  very  apparent  in  the  management 


Cong.,  1st  Sess.,  8.  Jour.,  339;  Cong.  Globe,  1851-2,  451,  771;  S2d 
Cong.,  1st  Sess.,  H.  Misc.  Doc.  10;  32d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  94,  29. 
*30d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  94,  1-2;  and  Id.,  96,  1-8;  Location 
Law,   1-39.     The  Location  Law  is  a  pamphlet  publication  containing  the 
documents  on  this  subject. 

67  Cong.   Globe,  1851-2,  1199,  1209;  32d  Cong.,  1st  Sess.,  8.  Jour.,  394; 
Or.  Statesman,  June  29,  1852;  Or.  Gen.  Laws,  1845-64,  71. 
Cong.,  1st  Sess.,  Cong.  Globe,  1851-2,  1594. 


172  ADMINISTRATION  OF  GAINES. 

of  this  business.  Had  Thurston  been  charged  by  his 
party  to  procure  the  passage  of  this  amendment,  the 
journals  of  the  house  would  have  shown  some  bold 
and  fiery  assaults  upon  established  rules,  and  proofs 
positive  that  the  innovation  was  necessary  to  the 
peace  and  prosperity  of  the  territory.  On  the  con 
trary,  Lane  was  betrayed  by  his  loyalty  to  his  per 
sonal  friends  into  seeming  to  deny  the  allegations  of 
his  constituents  against  the  judiciary. 

The  location  question  led  to  the  regular  organiza 
tion  of  a  democratic  party  in  Oregon  in  the  spring  of 
1852,  forcing  the  whigs  to  nominate  a  ticket.  The 
democrats  carried  the  election;  and  soon  after  this 
triumph  came  the  official  information  of  the  action  of 
congress  on  the  location  law,  when  Gaines,  with  that 
want  of  tact  which  rendered  abortive  his  administra 
tion,  was  no  sooner  officially  informed  of  the  confirma 
tion  of  the  laws  of  the  legislative  assembly  and  the 
settlement  of  the  seat-of-government  question  than  he 
issued  a  proclamation  calling  for  a  special  session  of 
the  legislature  to  commence  on  the  26th  of  July.  In 
obedience  to  the  call,  the  newly  elected  members,  many 
of  whom  were  of  the  late  legislative  body,  assembled 
at  Salem,  and  organized  by  electing  Deady  president 
of  the  council,  and  Harding  speaker  of  the  house. 
With  the  same  absence  of  discretion  the  governor  in 
his  message,  after  congratulating  them  on  the  settle 
ment  of  a  vexed  question,  informed  the  legislature 
that  it  was  still  a  matter  of  grave  doubt  to  what  ex 
tent  the  location  act  had  been  confirmed;  and  that 
even  had  it  been  wholly  and  permanently  established, 
it  was  still  so  defective  as  to  require  further  legisla 
tion,  for  which  purpose  he  had  called  them  together, 
though  conscious  it  was  at  a  season  of  the  year  when 
to  attend  to  this  important  duty  would  seriously  in 
terfere  with  their  ordinary  avocations;  yet  he  hoped 
they  would  be  willing  to  make  any  reasonable  sacri 
fice  for  the  general  good.  The  defects  in  the  location 


OFFICIAL  WARFARE.  173 

act  were  pointed  out,  and  they  were  reminded  that 
no  sites  for  the  public  buildings  had  yet  been  selected, 
and  until  that  was  done  no  contracts  could  be  let  for 
beginning  the  work;  nor  could  any  money  be  drawn 
from  the  sums  appropriated  until  the  commissioners 
were  authorized  by  law  to  call  for  it.  He  also  called 
their  attention  to  the  necessity  of  re-arranging  the 
judicial  districts,  and  reminded  them  of  the  incon 
gruous  condition  of  the  laws,  recommending  the  ap 
pointment  of  a  board  for  their  revision,  with  other 
suggestions,  good  enough  in  themselves,  but  distaste 
ful  as  coining  from  him  under  the  circumstances,  and 
at  an  unusual  and  inconvenient  time.  In  this  mood  the 
assembly  adjourned  sine  die  on  the  third  day,  with 
out  having  transacted  any  legislative  business,  and  the 
seat-of-government  feud  became  quieted  for  a  time. 

This  did  not,  however,  end  the  battle.  The  chief 
justice  refused  to  recognize  the  prosecuting  attorney 
elected  by  the  legislative  assembly,  in  the  absence 
of  Amory  Halbrook,  and  appointed  S.  B.  Mayre, 
who  acted  in  this  capacity  at  the  spring  term  of  court 
in  Clackamas  county.  The  law  of  the  territory  re 
quiring  indictments  to  be  signed  by  this  officer,  it  was 
apprehended  that  on  account  of  the  irregular  proceed 
ings  of  the  chief  justice  many  indictments  would  be 
quashed.  In  this  condition  of  affairs  the  democratic 
press  was  ardently  advocating  the  election  of  Frank 
lin  Pierce,  the  party  candidate  for  the  presidency  of 
the  United  States,  as  if  the  welfare  of  the  territory 
depended  upon  the  executive  being  a  democrat.  Al 
though  the  remainder  of  Games'  administration  was 
more  peaceful,  he  never  became  a  favorite  of  either 
faction,  and  great  was  the  rejoicing  when  at  the  close 
of  his  delegateship  Lane  was  returned  to  Oregon  as 
governor,  to  resign  and  run  again  for  delegate,  leav 
ing  his  secretary,  George  L.  Curry,  one  of  the  Salem 
clique,  as  the  party  leaders  carne  to  be  denominated, 
to  rule  according  to  their  promptings. 


Of    THE 

(UNIVERSITY 


CHAPTEE  VI. 

DISCOVERY  OF  GOLD  IN  OREGON". 
1850-1852. 

POLITICS  AND  PROSPECTING — IMMIGRATION — AN  ERA  OF  DISCOVERY — EX 
PLORATIONS  ON  THE  SOUTHERN  OREGON  SEABOARD — THE  CALIFORNIA 
COMPANY — THE  SCHOONER  'SAMUEL  ROBERTS'  AT  THE  MOUTHS  OF 
ROGUE  RIVER  AND  THE  UMPQUA— MEETING  WITH  THE  OREGON  PARTY— 
LAYING-OUT  OF  LANDS  AND  TOWN  SITES — FAILURE  OF  THE  UMPQUA 
COMPANY — THE  FINDING  OF  GOLD  IN  VARIOUS  LOCALITIES— THE  MAIL 
SERVICE — EFFORTS  OF  THURSTON  IN  CONGRESS— SETTLEMENT  OF  PORT 
ORFORD  AND  DISCOVERY  OF  Coos  BAY — THE  COLONY  AT  PORT  ORFORD — 
INDIAN  ATTACK— THE  T'VAULT  EXPEDITION — MASSACRE — GOVERNMENT 
ASSISTANCE. 

WHILE  politics  occupied  so  much  attention,  the 
country  was  making  long  strides  in  material  progress. 
The  immigration  of  1850  to  the  Pacific  coast,  by  the 
overland  route  alone,  amounted  to  between  thirty  and 
forty  thousand  persons,  chiefly  men.  Through  the 
exertions  of  the  Oregon  delegate,  in  and  out  of  con 
gress,  about  eight  thousand  were  persuaded  to  settle 
in  Oregon,  where  they  arrived  after  undergoing  more 
than  the  usual  misfortunes.  Among  other  things  was 
cholera,  from  which  several  hundred  died  between  the 
Missouri  River  and  Fort  Laramie.1  The  crowded 
condition  of  the  road,  which  was  one  cause  of  the 
pestilence,  occasioned  delays  with  the  consequent  ex 
haustion  of  supplies.2  The  famine  becoming  known 
in  Portland,  assistance  was  forwarded  to  The  Dalles 

1  White,  in  Camp  Fire  Orations,  MS.,  9-10;  DowelVa  Journal,  MS.,  5; 
Johnson's  Gal.  and  Or. ,  255;  Or.  Spectator,  Sept.  26,  1850. 

2  Says  one  of  the  sufferers:  '  I  saw  men  who  had  been  strong  stout  men 
walking  along  through  the  hot  desert  sands,  crying  like  children  with  fatigue, 
hunger,  and  despair.'  CardweWs  Emig.  Comply,  MS.,  1. 

(174) 


IMMIGRATION  OF  1850.  175 

military  post,  and  thence  carried  forward  and  distrib 
uted  by  army  officers  and  soldiers.  Among  the  arrivals 
were  many  children,  made  orphans  en  route,  and  it 
was  in  the  interest  of  these  and  like  helpless  ones 
that  Frederick  Waymire  petitioned  congress  to  amend 
the  land  law,  as  mentioned  in  the  previous  chapter. 
Those  who  came  this  year  were  bent  on  speculation 
more  than  any  who  had  come  before  them;  the  gold 
fever  had  unsettled  ideas  of  plodding  industry  and 
slow  accumulation.  Some  came  for  pleasure  and  ob 
servation.3 

Under  the  excitement  of  gold-seeking  and  the 
spirit  of  adventure  awakened  by  it,  all  the  great 
north-western  seaboard  was  opened  to  settlement  with 
marvellous  rapidity.  A  rage  for  discovery  and  pros 
pecting  possessed  the  people,  and  produced  in  a  short 
time  marked  results.  From  the  Klamath  Eiver  to 
Puget  Sound,  and  from  the  upper  Columbia  to  the 
sea,  men  were  spying  out  mineral  wealth  or  laying 
plans  to  profit  by  the  operations  of  those  who  pre 
ferred  the  risks  of  the  gold-fields  to  other  and  more 
settled  pursuits.  In  the  spring  of  1850  an  association 
of  seventy  persons  was  formed  in  San  Francisco  to 
discover  the  mouth  of  Klamath  River,  believed  at  the 

1  Among  those  who  took  the  route  to  the  Columbia  Eiver  was  Henry  J. 
Coke,  an  English  gentleman  travelling  for  pleasure.  He  arrived  at  Vancouver 
Oct.  22,  1850,  and  after  a  brief  look  at  Oregon  City  sailed  in  the  Mary  Dare 
for  the  Islands,  visiting  San  Francisco  in  Feb.  1851,  thence  proceeding  to 
Mexico  and  Vera  Cruz,  and  by  the  way  of  St  Thomas  back  to  England,  all 
without  appearing  to  see  much,  though  he  wrote  a  book  called  Coke's  Ride. 
Two  Frenchmen,  Julius  Brenchly  and  Jules  Remy,  were  much  interested  in 
the  Mormons,  and  wrote  a  book  of  not  much  value.  Remy  and  BrencMy,  ii. 
607-8. 

F.  G.  Hearn  started  from  Kentucky  intending  to  settle  in  Oregon,  but 
seized  by  cholera  was  kept  at  Fort  Laramie  till  the  following  year,  when  with 
a  party  of  six  he  came  on  to  the  Willamette  Valley,  and  finally  took  up  his  resi 
dence  at  Yreka,  California.  Beam's  California  Sketches,  MS.,  is  a  collection 
of  observations  on  the  border  country  between  California  and  Oregon. 

Two  Irishmen,  Kelly  and  Con  way,  crossed  the  continent  this  year  with  no 
other  supplies  than  they  carried  in  their  haversacks,  depending  on  their  rifles 
for  food.  They  were  only  three  months  in  travelling  from  Kansas  to  the  Sac 
ramento  Valley,  which  they  entered  before  going  to  Oregon.  Qulglnfs  Irish 
Race,  216-17.  During  Aug.  and  Sept.  of  this  year  Oregon  was  visited  by  the 
French  traveller  Saint  Amant,  who  made  some  unimportant  notes  for  the 
French  government.  Certain  of  his  observations  were  apocryphal.  See  Saint 
Amant,  139-391. 


176  DISCOVERY  OF  GOLD  IN  OREGON. 

time,  owing  to  an  error  of  Fremont's,  to  be  in  Oregon. 
The  object  was  wholly  speculative,  and  included  be 
sides  hunting  for  gold  the  opening  of  a  road  to  the 
mines  of  northern  California,  the  founding  of  towns 
at  the  most  favorable  points  on  the  route,  with  other 
enterprises.  In  May  thirty-five  of  the  shareholders, 
and  some  others,  set  out  in  the  schooner  Samuel  Rob 
erts  to  explore  the  coast  near  the  Oregon  boundary. 
None  of  them  were  accustomed  to  hardships,  and  not 
more  than  three  knew  anything  about  sailing  a  ship. 
Lyman,  the  captain  and  owner,  was  not  a  sailor,  but 
left  the  management  of  the  vessel  to  Peter  Mackie,  a 
young  Canadian  who  understood  his  business,  and  who 
subsequently  for  many  years  sailed  a  steamship  be 
tween  San  Francisco  and  Portland.  Lyman's  second 
mate  was  an  Englishman  named  Samuel  E.  Smith, 
also  a  fair  seaman;  while  the  rest  of  the  crew  were 
volunteers  from  among  the  schooner's  company. 

The  expedition  was  furnished  with  a  four-pound 
carronade  and  small  arms.  For  shot  they  brought 
half  a  ton  of  nails,  screws,  hinges,  and  other  bits  of 
iron  gathered  from  the  ashes  of  a  burned  hardware 
store.  Provisions  were  abundant,  and  two  surveyors, 
with  their  instruments,  were  among  the  company/ 
which  boasted  several  college  graduates  and  men  of 
parts.5 

By  good  fortune,  rather  than  by  any  knowledge  or 
superior  management,  the  schooner  passed  safely  up 
the  coast  as  far  as  the  mouth  of  Rogue  River,  but 
without  having  seen  the  entrance  to  the  Klamath, 
which  they  looked  for  north  of  its  right  latitude.  A 

*  These  were  Nathan  Schofield,  A.  M.,  author  of  a  work  on  surveying,  and 
Socrates  Schofield  his  son,  both  from  near  Norwich,  Connecticut.  Schofield 
Creek  in  Douglas  county  is  named  after  the  latter. 

5  Besides  the  Schofields  there  were  i»  the  exploring  company  Heman  Win 
chester,  and  brother,  editor  of  the  Pacific  News  of  San  Francisco;  Dr  Henry 
Payne,  of  New  York;  Dr  E.  R.  Fiske,  of  Massachusetts;  S.  S.  Mann,  a  gradu 
ate  of  Harvard  University;  Dr  J.  W.  Drew,  of  New  Hampshire;  Barney,  of 
New  York;  Woodbury,  of  Connecticut;  C.  T.  Hopkins,  of  San  Francisco;  Henry 
H.  Woodward,  Patrick  Flanagan,  Anthony  Ten  Eyck,  A.  G.  Able,  James  K. 
Kelly,  afterward  a  leading  man  in  Oregon  politics;  Deaii,  Tierman,  Evans, 
and  Knight,  whose  names  have  been  preserved. 


ROGUE  RIVER  EXPLORATIONS.  177 

boat  with,  six  men  sent  to  examine  the  entrance  was 
overturned  in  the  river  and  two  were  drowned,  the 
others  being  rescued  by  Indians  who  pulled  them 
ashore  to  strip  them  of  their  clothing.  The  schooner 
meantime  was  following  in,  and  by  the  aid  of  glasses 
it  was  discovered  that  the  shore  was  populous  with 
excited  savages  running  hither  and  thither  with  such 
display  of  ferocity  as  would  have  deterred  the  vessel 
from  entering  had  not  those  on  board  determined  to 
rescue  their  comrades  at  any  hazard.  It  was  high 
tide,  and  by  much  manoeuvring  the  schooner  was 
run  over  the  bar  in  a  fathom  and  a  half  of  water. 
The  shout  of  relief  as  they  entered  the  river  was 
answered  by  yells  from  the  shore,  where  could  be 
seen  the  survivors  of  the  boat's  crew,  naked  and  half 
dead  with  cold  and  exhaustion,  being  freely  handled 
by  their  captors.  As  soon  as  the  vessel  was  well 
inside,  two  hundred  natives  appeared  and  crowded  on 
board,  the  explorers  being  unable  to  prevent  them. 
The  best  they  could  do  was  to  feign  indifference  and 
trade  the  old  iron  for  peltries.  When  the  natives  had 
nothing  left  to  exchange  for  coveted  articles,  they  ex 
hibited  an  ingenuity  as  thieves  that  would  have  done 
credit  to  a  London  pickpocket.  Says  one  of  the  com 
pany:  "Some  grabbed  the  cook's  towels,  one  bit  a 
hole  in  the  shirt  of  one  of  our  men  to  get  at  some 
beads  he  had  deposited  there,  and  so  slyly,  too,  that 
the  latter  did  not  perceive  his  loss  at  the  time.  One 
fellow  stole  the  eye-glass  of  the  ship's  quadrant,  and 
another  made  way  with  the  surveyor's  note -book. 
Some  started  the  schooner's  copper  with  their  teeth ; 
and  had  actually  made  some  progress  in  stripping  her 
as  she  lay  high  and  dry  at  low  water,  before  they 
were  found  out.  One  enterprising  genius  undertook 
to  get  possession  of  the  chain  and  anchor  by  sawing 
off  the  former  under  water  with  his  iron  knife!  Con 
scious  of  guilt,  and  fearing  lest  we  might  discover  the 
mischief  he  intended  us,  he  would  now  and  then  throw 
a  furtive  glance  toward  the  bow  of  the  vessel,  to  the 

HIST.  OB..  VOL.  II.    12 


178  DISCOVERY  OF  GOLD  IN  OREGON. 

great  amusement  of  those  who  were  watching  him 
through  the  hawse  pipes." 

An  examination  more  laborious  than  profitable  was 
made  of  the  country  thereabout,  which  seemed  to 
offer  no  inducements  to  enterprise  sufficient  to  war 
rant  the  founding  of  a  settlement  for  any  purpose. 
Upon  consultation  it  was  decided  to  continue  the 
voyage  as  far  north  as  the  Umpqua  River,  and  hav 
ing  dispersed  the  tenacious  thieves  of  Rogue  River  by 
firing  among  them  a  quantity  of  their  miscellaneous 
ammunition,  the  schooner  succeeded  in  getting  to  sea 
again  without  accident. 

Proceeding  up  the  coast,  the  entrance  to  Coos  Bay 
was  sighted,  but  the  vessel  being  becalmed  could  not 
enter.  While  awaiting  wind,  a  canoe  approached 
from  the  north,  containing  Umpquas,  who  offered  to 
show  the  entrance  to  their  river,  which  was  made  the 
5th  of  August.  Two  of  the  party  went  ashore  in  the 
canoe,  returning  at  nightfall  with  reports  that  caused 
the  carronade  to  belch  forth  a  salute  to  the  rocks  and 
woods,  heightened  by  the  roar  of  a  simultaneous  dis 
charge  of  small  arms.  A  flag  made  on  the  voyage 
was  run  up  the  mast,  and  all  was  hilarity  on  board 
the  Samuel  Roberts.  On  the  6th,  the  schooner  crossed 
the  bar,  being  the  first  vessel  known  to  have  entered 
the  river  in  safety.  On  rounding  into  the  cove  called 
Winchester  Bay,  after  one  of  the  explorers,  they  came 
upon  a  party  of  Oregonians;  Jesse  Applegate,  Levi 
Scott,  and  Joseph  Sloan,  who  were  themselves  ex 
ploring  the  valley  of  the  Umpqua  with  a  purpose 
similar  to  their  own.6  A  boat  was  sent  ashore  and  a 
joyful  meeting  took  place  in  which  mutual  encourage 
ment  and  assistance  were  promised.  It  was  found  that 
Scott  had  already  taken  a  claim  about  twenty-six 
miles  up  the  river  at  the  place  which  now  bears  the 
name  of  Scottsburg,  and  that  the  party  had  come 
down  to  the  mouth  in  the  expectation  of  meeting 

6  Or.  Spectator,  March  7  and  Sept.  12,  1850.  See  also  Pioneer  Mag.,  i. 
_282,  350. 


THE  UMPQUA  COMPANY.  179 

there  the  United  States  surveying  schooner  Swing, 
in  the  hope  of  obtaining  a  good  report  of  the  harbor. 
But  on  learning  the  designs  of  the  California  com 
pany,  a  hearty  cooperation  was  offered  on  one  part, 
and  willingly  accepted  on  the  other.  Another  cir 
cumstance  in  favor  of  the  Umpqua  for  settlement 
was  the  peaceable  disposition  of  the  natives,  who 
since  the  days  when  they  murdered  Jedediah  Smith's 
party  had  been  brought  under  the  pacifying  influ 
ences  of  the  Hudson's  Bay  Company,  and  sustained 
a  good  reputation  as  compared  with  the  other  coast 
tribes. 

On  the  morning  of  the  7th  the  schooner  proceeded 
up  the  river,  keeping  the  channel  by  sounding  from  a 
small  boat  in  advance,  and  finding  it  one  of  the  love 
liest  of  streams;7  at  least,  so  thought  the  explorers, 
one  of  whom  afterward  became  its  historian.8  Finding 
a  good  depth  of  water,  with  the  tide,  for  a  distance 
of  eighteen  miles,  the  boat's  crew  became  negligent, 
and  failing  to  note  a  gravelly  bar  at  the  foot  of  a  bluff 
a  thousand  feet  in  height  the  schooner  grounded  in 
eight  feet  of  water,  and  when  the  tide  ebbed  was  left 
stranded.9 

However,  the  small  boat  proceeded  to  the  foot  of  the 
rapids,  where  Scott  was  located,  this  being  the  head 
of  tide-water,  and  the  vessel  was  afterward  brought 
safely  hither.  In  consideration  of  their  services  in 

7  It  is  the  largest  river  between  the  Sacramento  and  the  Columbia.    *  Ves 
sels  of  800  tons  can  enter. '  Mrs  Victor,  in  Puc.  Rural  Press,  Nov.  8,  1 879. 
'The  Umpqua  is  sometimes  supposed  to  bo  the  river  discovered  by  Flores  in 
1G03,  and  afterwards  referred  to  as  the  "River  of  the  West.'"  Davidson's 
Coast  Pilot,  126. 

8  This  was  Charles  T.  Hopkins,  who  wrote  an  account  of  the  Umpqua  ad 
venture  for  the  S.  F.  Pioneer,  vol.  i.  ii.,  a  periodical  published  in  the  early 
days  of  California  magazine  literature.    I  have  drawn  my  account  partly  from 
this  source,  as  well  as  from  Gibb*'  Notes  on  Or.  Hist.,  MS.,  2-3,  and  from 
Historical  Correspondence,  MS.,  by  S.  8.  Mann,  S.  F.  Chadwick,  H.  H.  Wood 
ward,  members  of  the  Umpqua  company,  and  also  from  other  sources,  among 
which  are  Williams'  S.  W.  Oregon,  MS.,  2-3.;  Letters  of  D.  J.  Lyons,  and  the 
Oregon  Spectator,  Sept.  5,  1850;  Deadtfs  Scrap-Book,  83;  8.  F.  Evening  Pica 
yune,  Sept.  6,  1850. 

9Gibbs  says:  'The  passengers  endeavored  to  lighten  the  cargo  by  pouring 
the  vessel's  store  of  liquors  down  their  throats,  from  which  hilarious  proceed 
ing  the  shoal  took  the  name  of  Brandy  Bar.'  Notes,  MS.,  4. 


180  DISCOVERY  OF  GOLD  IN  OREGON. 

opening  the  river  to  navigation  and  commerce,  Scott 
presented  the  company  with  one  hundred  and  sixty 
acres  of  his  land-claim,  or  that  portion  lying  below 
the  rapids,  for  a  town  site.  Affairs  having  progresse4 
so  well  the  members  of  the  expedition  now  organized 
regularly  into  a  joint  stock  association  called  the 
"Umpqua  Town-site  and  Colonization  Land  Com 
pany,"  the  property  to  be  divided  into  shares  and 
drawn  by  lot  among  the  original  members.  They 
divided  their  forces,  and  aided  by  Applegate  and 
Scott  proceeded  to  survey  and  explore  to  and  through 
the  Umpqua  Valley.  One  party  set  out  for  the  ferry 
on  the  north  branch  of  the  Umpqua,  and  another  for 
the  main  valley,10  coming  out  at  Applegate's  settlement 
of  Yoncalla,  while  a  third  remained  with  the  schooner. 
Three  weeks  of  industrious  search  enabled  them  to 
select  four  sites  for  future  settlements.  One  at  the 
mouth  of  the  river  was  named  Umpqua  City,  and 
contained  twelve  hundred  and  eighty  acres,  being 
situated  on  both  sides  of  the  entrance.  The  second 
location  was  Scottsburg.  The  third,  called  Elkton, 
was  situated  on  Elk  River  at  its  junction  with  the 
Umpqua.  The  fourth,  at  the  ferry  above  mentioned, 
was  named  Winchester,  and  was  purchased  by  the 
company  from  the  original  claimant,  John  Aiken, 
who  had  a  valuable  property  at  that  place,  the  natural 
centre  of  the  valley. 

Having  made  these  selections  according  to  the  best 
judgment  of  the  surveyors,  some  of  the  company 
remained,  while  the  rest  reembarked  and  returned  to 
San  Francisco.  In  October  the  company  having  sold 
quite  a  number  of  lots  were  able  to  begin  operations 
in  Oregon.  They  despatched  the  brig  Kate  Heath, 
Captain  Thomas  Wood,  with  milling  machinery,  mer 
chandise,  and  seventy-five  emigrants.  On  this  vessel 
were  also  a  number  of  zinc  houses  made  in  Boston, 

10  Oakland,  a  few  miles  south  of  Yoncalla,  was  laid  out  in  1849  by  Chester 
Lyman,  since  a  professor  at  Yale  College.  This  is  the  oldest  surveyed  town 
in  the  Umpqua  Valley.  Or.  Sketches,  MS.,  3. 


GIBBS  AND  CHAD  WICK.  181 

which  were  put  up  on  the  site  of  Umpqua  City.  In 
charge  of  the  company's  business  was  Addison  C. 
Gibbs,  afterward  governor  of  Oregon,  who  was  on  his 
way  to  the  territory  when  he  fell  in  with  the  projectors 
of  the  scheme,  and  accepted  a  position  and  shares.11 

Thus  far  all  went  well.  But  the  Umpqua  Com 
pany  were  destined  to  bear  some  of  those  misfortunes 
which  usually  attend  like  enterprises.  The  passage 
of  the  Oregon  land  law  in  September  was  the  first 
blow,  framed  as  it  was  to  prevent  companies  or  non 
residents  from  holding  lands  for  speculative  purposes, 
in  consequence  of  which  no  patent  could  issue  to  the 
company,  and  it  could  give  no  title  to  the  lands  it 
was^oifering  for  sale.  They  might,  unrebuked,  have 
carried  on  a  trade  begun  in  timber;  but  the  loss  of 
one  vessel  loaded  with  piles,  and  the  ruinous  detention 
of  Another,  together  with  a  fall  of  fifty  per  cent  in 
the  price  of  their  cargoes,  soon  left  the  contractors  in 
debt,  and  an  assignment  was  the  result,  an  event 
hastened ^  by  the  failure  of  the  firm  in  San  Francisco 
with  which  the  company  had  deposited  its  funds. 
Five  months  after  the  return  of  the  Samuel  Roberts  to 
San  Frariciseo,  not  one  of  those  who  sailed  from  the 
river  in  her  was  in  any  manner  connected  with  the 
Umpqua  scheme.  The  company  in  California  having 
ceased  to  furnish  means,  those  left  in  Oregon  were 
compelled  to  direct  their  efforts  toward  solving  the 
problem  of  how  to  live.12 

11 D.  C.  Underwood,  who  had  become  a  member  of  the  association,  was  a 
passenger  on  the  Kate  Heath,  a  man  well  known  in  business  and  political  cir 
cles  in  the  state. 

12  Drew  remained  at  Umpqua  City,  where  he  was  subsequently  Indian 
agent  for  many  years,  and  where  he  held  the  office  of  collector  of  customs  and 
subsequently  of  inspector.  He  was  unmarried.  Marysville  Appeal,  Jan.  20, 
18G4.  Winchester  remained  in  Oregon,  residing  at  Scottsburg,  then  at  Rose- 
burg  and  Empire  City.  He  was  a  lawyer,  and  a  favorite  with  the  bar  of  the 
Second  Judicial  district.  '  He  was  generous  in  dealing,  liberal  in  thought,  of 
entire  truth,  and  absolutely  incorruptible.'  Salem  Mercury,  Nov.  10,  1876. 
Gibbs  took  a  land  claim  seven  miles  above  the  mouth  of  the  Umpqua,  laying 
out  the  town  of  Gardiner,  and  residing  there  for  several  years,  during  which 
time  he  returned  to  the  east  and  married  Margaret  M.  Watkins,  of  Erie 
county,  N.  Y.  Addison  Craudall  Gibbs,  afterward  governor  of  Oregon,  was 
born  at  East  Otto,  Cattaruugus  county,  N.  Y.,  July  9,  1825,  and  educated  at 
the  New  York  State  Normal  school.  He  became  a  teacher,  and  studied  law, 


182  DISCOVERY  OF  GOLD  IN  OREGON. 

But  although  the  Umpqua  Company  failed  to  carry 
out  its  designs,  it  had  greatly  benefited  southern 
Oregon  by  surveying  and  mapping  Umpqua  harbor, 
the  notes  of  the  survey  being  published,  with  a  report 
of  their  explorations  and  discoveries  of  rich  agricul 
tural  lands,  abundant  and  excellent  timber,  valuable 
water-power,  coal  and  gold  mines,  fisheries  and  stone- 
being  admitted  to  the  bar  in  May  1849  at  Albany.  He  is  descended  from  a 
long  line  of  lawyers  in  England ;  his  great  grandfather  was  a  commissioned 
officer  in  the  revolutionary  war.  In  Oregon  he  acted  well  his  part  of  pioneer, 
carrying  the  mail  in  person,  or  by  deputy,  from  Yoncalla  to  Scottsburg  for  a 
period  of  four  years  through  the  floods  and  storms  of  the  wild  coast  mount 
ains,  never  missing  a  trip.  He  was  elected  to  the  legislature  of  1851-2. 
When  Gardiner  was  made  a  port  of  entry,  Gibbs  became  collector  of  customs 
for  the  southern  district  of  Oregon.  He  afterward  removed  to  the  Umpqua 
Valley,  and  in  1858  to  Portland,  where  he  continued  the  practice  of  law.  He 
was  ever  a  true  friend  of  Oregon,  taking  a  great  personal  interest  in  her  de 
velopment  and  an  intelligent  pride  in  her  history.  He  has  spared  no  pains 
in  giving  me  information,  which  is  embodied  in  a  manuscript  entitled.  Notes 
on  the  history  of  Oregon. 

Stephen  Fowler  Chadwick,  a  native  of  Connecticut,  studied  law  in  New 
York,  where  he  was  admitted  to  practice  in  1850,  immediately  after  which  he 
set  out  for  the  Pacific  coast,  joining  the  Umpqua  Company  and  arriving  in 
Oregon  just  in  time  to  be  left  a  stranded  speculator  on  the  beautiful  but 
lonely  bank  of  that  picturesque  river.  When  the  settlement  of  the  valley 
increased  he  practised  his  profession  with  honor  and  profit,  being  elected 
county  and  probate  judge,  and  also  to  represent  Douglas  county  in  the  con 
vention  which  framed  the  state  constitution.  He  was  presidential  elector  in 
18(54  and  1868,  being  the  messenger  to  carry  the  vote  to  Washington  in  the 
latter  year.  He  was  elected  secretary  of  state  in  1870,  which  office  he  held 
for  eight  years,  becoming  governor  for  the  last  two  years  by  the  resignation 
of  Grover,  who  was  elected  to  the  U.  S.  senate.  Governor  Chadwick  was  also 
a  distinguished  member  of  the  order  of  freemasons,  having  been  grand  master 
in  the  lodge  of  Perfection,  and  having  received  the  33d  degree  in  the  Scotch 
rite,  as  well  as  having  been  for  17  years  chairman  of  the  committee  on  foreign 
correspondence  for  the  grand  lodge  of  Oregon,  and  a  favorite  orator  of  the 
order.  He  married  in  1856  Jane  A.  Smith  of  Douglas  county,  a  native  of 
Virginia,  by  whom  he  has  two  daughters  and  two  sous.  Of  a  lively  and  ami 
able  temper  and  courteous  manner,  he  has  always  enjoyed  a  popularity  inde 
pendent  of  official  eminence.  His  contributions  to  this  history  consist  of 
letters  and  a  brief  statement  of  the  Public  Records  of  the  (Japitol  in  manuscript. 
I  shall  never  forget  his  kindness  to  me  during  my  visit  to  Oregon  in  1078. 
James  K.  Kelly  was  born  in  Center  county,  Penn.,  in  1819,  educated  at  Prince 
ton  college,  N.  J.,  and  studied  law  at  Carlisle  law  school,  graduating  in  1842, 
and  practising  in  Lewiston,  Penn.,  until  1849,  when  he  started  for  California 
by  way  of  Mexico.  Not  finding  mining  to  his  taste,  he  embarked  his  fortunes 
in  the  Umpqua  Company.  He  went  to  Oregon  City  and  soon  came  into  notice. 
He  was  appointed  code  commissioner  in  1853,  as  I  have  elsewhere  mentioned, 
and  was  in  the  same  year  elected  to  the  council,  of  which  he  was  a  member  for 
four  years  and  president  for  two  sessions.  As  a  military  man  lie  figured  con 
spicuously  in  the  Indian  wars.  He  was  a  member  of  the  constitutional  con 
vention  in  1857,  and  of  the  state  senate  in  I860.  In  1870  he  was  sent  to  the 
U.  S.  senate,  and  in  1878  was  appointed  chief  justice  of  the  supreme  court. 
His  political  career  will  be  more  particularly  noticed  in  the  progress  of  this 
history. 


BIRTH  OF  TOWNS.  183 

quarries.  These  accounts  brought  population  to  that 
part  of  the  coast,  and  soon  vessels  began  to  ply  be 
tween  San  Francisco  and  Scottsburg.  Gardiner, 
named  after  the  captain  of  the  Bostonian,  which  was 
wrecked  in  trying  to  enter  the  river  in  1850,  sprang 
up  in  1851.  In  that  year  also  a  trail  was  constructed 
for  pack-animals  across  the  mountains  to  Winchester,13 
which  became  the  county  seat  of  Douglas  county, 
with  a  United  States  land  office.  From  Winchester 
the  route  was  extended  to  the  mines  in  the  Urnpqua 
and  Rogue  River  valleys.  Long  trains  of  mules 
laden  with  goods  for  the  mining  region  filed  daily 
along  the  precipitous  path  which  was  dignified  with 
the  name  of  road,  their  tinkling  bells  striking  cheerily 
the  ear  of  the  lonely  traveller  plodding  his  weary  way 
to  the  gold-fields.  Scottsburg,  which  was  the  point 
of  departure  for  the  pack-trains,  became  a  commercial 
entrepot  of  importance.14  The  influence  of  the  Ump- 
qua  interest  was  sufficient  to  obtain  from  congress  at 
the  session  of  1850—51  appropriations  for  mail  ser 
vice  by  sea  and  land,  a  light-house  at  the  mouth  of 
the  river,  and  a  separate  collection  district.15 

As  the  mines  were  opened  permanent  settlements 
were  made  upon  the  farming  lands  of  southern  Oregon, 
and  various  small  towns  were  started  from  1851  to 

13  Winchester  was  laid  out  by  Addison  C.  Flint,  who  was  in  Chile  in  1845, 
to  assist  in  the  preliminary  survey  of  the  railroad  subsequently  built  by  the 
infamous  Harry  Meigs.     In  1849  Flint  came  to  California,  and  the  following 
yc  ar  to  Oregon  to  make  surveys  for  the  Urapqua  Company.     He  also  laid  out 
the  town  of  Roseburg  in  1854  for  Aaron  Rose,  where  he  took  up  his  residence 
in  1857.   Or.  Sketches,  MS.,  2-4. 

14  Allan,  McKinlay,  and  McTavish  of  the  Hudson's  Bay  Company  opened 
a  trading-house  at  Scottsburg;  and  Jesse  Applegate  also  turned  merchant. 
Applegate's  manner  of  doing  business  is  described  by  himself  in  Burnett's 
Re -collection*  of  a  Pioneer:  'I  sold  goods  on  credit  to  those  who  needed  them 
most,  not  to  those  who  \vere  able  to  pay,  lost  $30,000,  and  quit  the  business. ' 

15  The  steamers  carrying  the  mails  from  Panama  to  the  Columbia  River 
were  under  contract  to  stop  at  the  Umpqua,  and  one  entry  was  made,  but 
the  steamer  was  so  nearly  wrecked  that  no  further  attempt  followed.     The 
merchants   and  others  at  Scottsburg   and  the   lower  towns,   as  well   as   at 
Winchester,  had  to  wait  for  their  letters  and  papers  to  go  to  Portland  and  be 
sent  up  the  valley  by  the  bi-monthly  mail  to  Y  oncalla,  a  delay  which  was 
severely  felt  and  impatiently  resented.    The  legislature  did  not  fail  to  repre 
sent  the  matter  to  congress,  and  Thurston  did  all  he  could  to  satisfy  his  con 
stituents,  though  he  could  not  compel  the  steamship  company  to  keep  its 
contract  or  congress  to  annul  it. 


184  DISCOVERY  OF  GOLD  IN  OREGON. 

1853  in  the  region  south  of  Winchester,16  notably  the 
town  of  Roseburg,  founded  by  Aaron  Rose,17  who 
purchased  the  claim  from  its  locators  for  a  horse, 
and  a  poor  one  at  that.  A  flouring  mill  was  put  in 
operation  in  the  northern  part  of  Uinpqua  Valley,  and 
another  erected  during  the  summer  of  1851  at  Win 
chester.18  A  saw-mill  soon  followed  in  the  Rogue 
River  Valley,19  many  of  which  improvements  were 
traceable,  more  or  less  directly,  to  the  impetus  given 
to  settlement  by  the  Umpqua  Company. 

In  passing  back  and  forth  to  California,  the  Oregon 
miners  had  not  failed  to  observe  that  the  same  soil  and 
geological  structure  characterized  the  valleys  north 
of  the  supposed20  northern  boundary  of  California  that 

16  The  first  house  in  Rogue  River  Valley  was  built  at  the  ferry  on  Rogue 
River  established  by  Joel  Perkins.     The  place  was  first  known  as  Perkins' 
Ferry,  then  Long's  Ferry,  and  lastly  as  Vannoy's.     The  next  settlement  was 
at  the  mouth  of  Evans  creek,  a  tributary  of  Rogue  River,  so  called  from  a 
trader  named  Davis  Evans,  a  somewhat  bad  character,  who  located  there. 
The  third  was  the  claim  of  one  Bills,  also  of  doubtful  repute.     Then  came  the 
farm  of  N".  C.  Dean  at  Willow  Springs,  five  miles  north  of  Jacksonville,  and 
near  it  the  claim  of  A.  A.  Skinner,  who  built  a  house  in  the  autumn  of 
1851.     South  of  Skinner's,  on  the  road  to  Yreka,  was  the  place  of  Stone 
and  Points  on  Wagner  creek,  and  beyond,  toward  the  head  of  the  valley, 
those  of  Dunn,  Smith,  Russell,  Barren,  and  a  few  others.  Duncan's  Settle 
ment,  MS.,  5-6.     The  author  of  this  work,  L.  J.  C.  Duncan,  was  born  in 
Tennessee  in  1818.     He  came  to  California  in  1849,  and  worked  in  the  Mari- 
posa  mines  until  the  autumn  of  1850,  when,  becoming  ill,  he  came  to  Oregon 
for  a  change  of  climate  and  more  settled  society.     In  the  autumn  of  1851  he 
determined  to  try  mining  in  the  Shasta  Valley,  and  also  to  secure  a  land  claim 
in  the  Rogue  River  Valley.     This  he  did,  locating  on  Bear  or  Stuart  creek, 
12  miles  south-east  of  Jacksonville,  where  he  resided  from  1851  to  1858,  during 
which  time  he  mined  on  Jackson's  creek.     He  shared  in  the  Indian  wars  which 
troubled  the  settlements  for  a  number  of  years,  finally  establishing  himself  in 
Jacksonville  in  the  practice  of  the  law,  and  being  elected  to  the  office  of 
judge. 

17  Deacbfs  Hist.  Or. ,  MS. ,  72-3. 

18  Or.  Spectator,  Feb.  10,  1852. 

19  J.  A.  Cardwell  was  born  in  Tennessee  in  1827,  emigrated  from  Iowa  to 
Oregon  in  1850,  spent  the  first  winter  in  the  service  of  Quartermaster  Ingalls 
at  Fort  Vancouver,  and  started  in  the  spring  for  California  with  26  others  to 
engage  in  mining.     After  a  skirmish  with  the  Rogue  River  Indians  and  vari 
ous  other  adventures  they  reached  the  mines  at  Yreka,  where  they  worked 
until  the  dry  season  forced  a  suspension  of  operations,  when  Cardwell,  with 
E.  Emery,  J.  Emery,  and  David  Hurley,  went  to  the  present  site  of  Ashland 
in  the  Rogue  River  Valley,  and  taking  up  a  claim  erected  the  first  saw-mill 
in  that  region  early  in  1852.     I  have  derived  much  valuable  information  from 
Mr  Cardwell  concerning  southern  Oregon  history,  which  is  contained  in  a 
manuscript  entitled  Emir/rant  Company,  in  Mr  Cardwell's  own  hand,  of  the 
incidents  of  the  immigration  of  1 850,  the  settlement  of  the  Rogue  River  Val 
ley,  and  the  Indian  wars  which  followed. 

20  As  late  as  1854  the  boundary  was  still  in  doubt.     'Intelligence  has  just 


MOVEMENT  OF  MINERS.  185 

were  found  in  the  known  mining  regions,  and  prospect 
ing  was  carried  on  to  a  considerable  extent  early  in 
1850.  In  June  two  hundred  miners  were  at  work  in 
the  Umpqua  Valley.21  But  little  gold  was  found  at 
this  time,  and  the  movement  was  southward,  to  Rogue 
River  and  Klamath.  According  to  the  best  authori 
ties  the  first  discovery  on  any  of  the  tributaries  of  the 
Klamath  was  in  the  spring  of  1850  at  Salmon  Creek. 
In  July  discoveries  were  made  on  the  main  Klamath, 
ten  miles  above  the  mouth  of  Trinity  River,  and  in 
September  on  Scott  River.  In  the  spring  of  1851 
gold  was  found  in  the  Shasta  Valley,22  at  various  places, 

been  receiATed  from  the  surveying  party  under  T.  P.  Robinson,  county  sur 
veyor,  who  was  commissioned  by  the  governor  to  survey  the  boundary  line 
between  California  and  Oregon.  The  party  were  met  on  the  mountains  by 
several  gentlemen  of  this  city,  whose  statement  can  be  relied  on,  when  they 
were  informed  by  some  of  the  gentlemen  attached  to  the  expedition,  that  the 
disputed  territory  belonged  to  Oregon,  and  not  California,  as  was  generally 
supposed.  This  territory  includes  two  of  the  finest  districts  in  the  country, 
Sailor's  Diggings  and  Althouse  Creek,  besides  some  other  minor  places  not  of 
much  importance  to  either.  The  announcement  has  caused  some  excitement  in 
that  neighborhood,  as  the  miners  do  not  like  to  be  so  suddenly  transported 
from  California  to  Oregon.  They  have  heretofore  voted  both  in  California  and 
Oregon,  although  in  the  former  state  it  has  caused  several  contested  election 
cases,  and  refused  to  pay  taxes  to  either.  It  is  also  rumored  around  the  city, 
for  which  we  will  not  vouch,  that  Yreka  is  iii  Oregon.  But  we  hardly  think 
it  possible,  from  the  observations  heretofore  taken  by  scientific  men,  which 
brings  Yreka  15  miles  within  the  line.'  Cresent  City  Herald,  in  JD.  Alta 
Cala.,  June  28,  1854. 

21 8.  F.  Courier,  July  10,  1850. 

2-Iu  the  early  summer  of  1850  Gen.  Lane,  with  a  small  party  of  Orego- 
nians,  viz.  John  Kelly,  Thomas  Brown,  Martin  Angell,  Samuel  and  John 
Simondson,  and  Lane's  Indian  servant,  made  a  discovery  on  the  Shasta  river 
near  where  the  town  of  Yreka  was  afterward  built.  The  Indians  proving 
troublesome  the  party  removed  to  the  diggings  on  the  upper  Sacramento,  but 
not  finding  gold  as  plentiful  as  expected  set  out  to  prospect  on  Pit  Paver,  from 
which  place  they  were  driven  by  the  Indians  back  to  the  Sacramento  where 
they  wintered,  going  in  February  1851  to  Scott  River,  from  which  locality 
Lane  was  recalled  to  the  Willamette  Valley  to  run  for  the  office  of  delegate 
to  congress.  Speaking  of  the  Pit  river  tribe,  Lane  says:  'The  Pit  Paver 
Indians  were  great  thieves  and  murderers.  They  actually  stole  the  blankets 
off  the  men  in  our  camp,  though  I  kept  one  man  on  guard  all  the  time.  They 
stole  our  best  horse,  tied  at  the  head  of  my  bed,  which  consisted  of  a  blanket 
spread  on  the  ground,  with  my  saddle  for  a  pillow.  They  sent  an  arrow  into 
a  miner  because  he  happened  to  be  rolled  in  his  blanket  so  that  they  could 
not  pull  it  from  him.  They  caught  Driscoll  when  out  prospecting,  and  were 
hurrying  him  off  into  the  mountains  when  my  Indian  boy  gave  the  alarm  and 
I  went  to  his  rescue.  He  was  so  frightened  he  could  neither  move  nor  speak, 
which  condition  of  their  captive  impeded  their  progress.  When  I  appeared 
he  fell  down  in  a  swoon.  I  pointed  my  gun,  which  rested  on  my  six-shooter, 
and  ordered  the  Indians  to  leave.  While  they  hesitated  and  were  trying  to 
flank  me  my  Indian  boy  brought  the  canoe  alongside  the  shore,  on  seeing 


186  DISCOVERY  OF  GOLD  IN  OREGON. 

notably  on  Greenhorn  Creek,  Yreka,  and  Humbug 
Creek. 

The  Oregon  miners  were  by  this  time  satisfied  that 
gold  existed  north  of  the  Siskiyou  range.  Their  ex 
plorations  resulted  in  finding  the  metal  on  Big  Bar  of 
Rogue  River,  and  in  the  canon  of  Josephine  Creek. 
Meanwhile  the  beautiful  and  richly  grassed  valley  of 
Rogue  River  became  the  paradise  of  packers,  who 
grazed  their  mules  there,  returning  to  Scottsburg  or 
the  Willamette  for  a  fresh  cargo.  In  February  1852 
one  Sykes  who  worked  on  the  place  of  A.  A.  Skinner 
found  gold  on  Jackson  Creek,  about  on  the  west  line 
of  the  present  town  of  Jacksonville,  and  soon  after 
two  packers,  Cluggage  and  Pool,  occupying  themselves 
with  prospecting  while  their  animals  were  feeding, 
discovered  Rich  Gulch,  half  a  mile  north  of  Sykes' 
discovery.  The  wealth  of  these  mines23  led  to  an 
irruption  from  the  California  side  of  the  Siskiyou,  and 
Willow  Springs  five  miles  north  of  Jacksonville, 
Pleasant  Creek,  Applegate  Creek,  and  many  other 
localities  became  deservedly  famous,  yielding  well  for 
a  number  of  years. 

Every  miner,  settler,  and  trader  in  this  remote  in 
terior  region  was  anxious  to  hear  from  friends,  home, 
and  of  the  great  commercial  world  without.  As  I 
have  before  said  Thurston  labored  earnestly  to  show 
congress  the  necessity  of  better  mail  facilities  for  Ore 
gon,24  the  benefit  intended  to  have  been  conferred 

which  they  beat  a  hasty  retreat  thinking  I  was  about  to  be  reenforced.  Dris- 
coll  would  never  cross  to  the  east  side  of  the  river  after  his  adventure. '  Lane's 
Autobiography,  MS.,  104-5. 

23 Early  Affairs,  MS.,  10;  Duncan's  Southern  Or.,  MS.,  5-6;  DowelVs 
Scrap-book,  31;  Victor's  Or.,  334.  A  nugget  was  found  in  the  Rogue  River 
diggings  weighing  $800  and  another  $1300.  See  accounts  in  S.  F.  Alfa, 
Sept.  14,  1852;  8.  F.  Pac.  News,  March  14,  1851;  and  S.  F.  Herald,  Sept. 
28,  1851. 

24  In  October  1845  the  postmaster-general  advertised  for  proposals  to  carry 
the  United  States  mail  from  New  York  by  Habana  to  the  (Jhagre  River  and 
back;  with  joint  or  separate  offers  to  extend  the  transportation  to  Panama 
and  up  the  Pacific  to  the  mouth  of  the  Columbia,  and  thence  to  the  Hawaiian 
Islands,  the  senate  recommending  a  mail  route  to  Oregon.  Between  1846 
and  1848  the  government  thought  of  the  plan  of  encouraging  by  subsidies  the 


MAIL  SERVICE.  187 

having  been  diverted  almost  entirely  to  California  by 
the  exigencies  of  the  larger  population  and  business 
of  that  state  with  its  phenomenal  growth. 

The  postal  agent  appointed  at  San  Francisco  for 
the  Pacific  coast  discharged  his  duty  by  appointing 
postmasters,25  but  further  than  sending  the  mails  to 
Oregon  on  sailing  vessels  occasionally  he  did  nothing 
for  the  relief  of  the  territory.26  Not  a  mail  steamer 
appeared  on  the  Columbia  in  1849.  Thurston  wrote 
home  in  December  that  he  had  been  hunting  up  the 
documents  relating  to  the  Pacific  mail  service,  and  the 
reason  why  the  steamers  did  not  come  to  Astoria. 
The  result  of  his  search  was  the  discovery  that  the 
then  late  secretary  of  the  navy  had  agreed  with 
Aspinwall  that  if  he  should  send  the  Oregon  mail 
and  take  the  same,  once  a  month,  by  sailing  vessel, 
"at  or  near  the  mouth  of  the  Klarnath  River,"  and 
would  touch  at  San  Francisco,  Monterey,  and  San 
Diego  free  of  cost  to  the  government,  he  should  not 
be  required  to  run  steamers  to  Oregon  till  after  re 
ceiving  six  months'  notice.27 

Here  were  good  faith  and  intelligence  indeed!  The 

establishment  of  a  line  of  steamers  between  Panama  and  Oregon,  by  way  of 
some  port  in  California.  At  length  Rowland  and  Aspinwall  agreed  to  carry 
the  mails  once  a  month,  and  to  put  on  a  line  of  three  steamers  of  from  1,000 
to  1,200  tons,  giving  cabin  accommodations  for  about  25  passengers,  as  many 
it  was  thought  as  would  probably  go  at  one  time,  the  remainder  of  the  vessel 
being  devoted  to  freight.  Crosby's  Statement,  MS. ,  3.  Three  steamers  were 
constructed  under  a  contract  with  the  secretary  of  the  navy,  viz. :  the  Cali 
fornia,  1,400  tons,  with  a  single  engine  of  250  horse-power,  handsomely  fin 
ished  and  carrying  46  cabin  and  a  hundred  steerage  passengers;  the  Panama 
of  1,100  tons,  and  the  Oregon  of  1,200  tons,  similarly  built  and  furnished. 
32d  Cony.,  l*t  Sess.,  8.  Doc.  50;  Hon.  Polynesian,  April  7,  1849;  Otis'  Panama, 
7?.  /?.  The  California  left  port  in  the  autumn  of  1848,  arriving  at  Val 
paraiso  on  the  20th  of  December,  seventy-four  days  from  New  York,  proceed 
ing  thence  to  Callao  and  Panama,  where  passengers  from  New  York  to 
Habana  and  Chagre  were  awaiting  her,  and  reaching  San  Francisco  on 
the  28th  of  February  1849,  where  she  was  received  with  great  enthusiasm. 
She  brought  on  this  first  trip  over  12,000  letters.  S.  F.  Alta  California  in 
Polynesian,  April  14,  1849.  See  also  Hist.  Gal.  and  Col.  Inter  Pocula,  this 

2i  John  Adair  at  Astoria,  F.  Smith  at  Portland,  George  L.  Curry  at  Oregon 
City,  and  J.  B.  McClane,  at  Salem.  J.  C.  A  very  was  postmaster  at  CorvaUis, 
Jesse  Applegate  at  Yoncalla,  S.  F.  Chadwick  at  Scottsburg. 

26  Or.  Spectator,  Nov.  29,  1849;  Rept.  of  Gen.  Smith,  in  81st  Cong.,  1st 
Sens.,  S.  Doc.  47,  107. 

27 Or.  Spectator,  April  18,  1850. 


188  DISCOVERY  OF  GOLD  IN  OREGON. 

then  undiscovered  mouth  of  the  Klamath  River  for 
a  distributing  point  for  the  Oregon  mail  1  Thurston 
with  characteristic  energy  soon  procured  the  promise 
of  the  secretary  that  the  notice  should  be  immediately 
given,  and  that  after  June  1850  mail  steamers  should 
go  "not  only  to  Nisqually,  but  to  Astoria."23  The 
postmaster-general  also  recommended  the  reduction 
of  the  postage  to  California  and  Oregon  to  take  effect 
by  the  end  of  June  185 1.29 

At  length  in  June  1850  the  steamship  Carolina, 
Captain  R.  L.  Whiting,  made  her  first  trip  to  Port 
land  with  mails  and  passengers.30  She  was  withdrawn 
in  August  and  placed  on  the  Panamd  route  in  order 
to  complete  the  semi-monthly  communication  called 
for  between  that  port  and  San  Francisco.  On  the  1st 
of  September  the  California  arrived  at  Astoria  and 
departed  the  same  day,  having  lost  three  days  in  a 
heavy  fog  off  the  bar.  On  the  27th  the  Panama  ar 
rived  at  Astoria,  and  two  days  later  the  Seagull,21  a 
steam  propeller.  On  the  24th  of  October  the  Oregon 
brought  up  the  mail  for  the  first  time,  and  was  an 
object  of  much  interest  on  account  of  her  name.32 
There  was  no  regularity  in  arrivals  or  departures 
until  the  coming  from  New  York  of  the  Columbia, 

28  This  quotation  refers  to  an  effort  on  the  part  of  certain  persons  to  make 
Nisqually  the  point  of  distribution  of  the  mails.  The  proposition  was  sus 
tained  by  Wilkes  and  Sir  George  Simpson.  'If  they  get  ahead  of  me,'  said 
Thurston  in  his  letter,  '  they  will  rise  early  and  work  late. ' 

™31ist  Cong.,  M  Sess.,  H.  Ex.  Doc.  1,  408,  410.  This  favor  also  was 
chiefly  the  result  of  the  representations  of  the  Oregon  delegate.  A  single 
letter  from  Oregon  to  the  States  cost  40  cents;  from  California  12^  cents, 
before  the  reduction  which  made  the  postage  uniform  for  the  Pacific  coast 
and  fixed  it  at  six  cents  a  single  sheet,  or  double  the  rate  in  the  Atlantic  states. 
Or.  Statesman,  May  9,  1851. 

30 McCracken's  Early  Steamboatlng ,  MS.,  7;  Salem  Directory,  1874,  95; 
Portland  Oregonian,  Jan.  13,  1872.  .  There  was  an  incongruity  in  the  law 
establishing  the  mail  service,  which  provided  for  a  semi-monthly  mail  to  the 
river  Chagre,  but  only  a  monthly  mail  from  Panama  up  the  coast.  Kept,  of 
P.  M.  Gen.,  in  31st  Cong.,  2d  Sess.,  H.  Ex.  Doc.  1,  410;  Or.  Spectator,  Aug. 
8,  1S50. 

31  The  Seagull  was  wrecked  on  the  Humboldt  bar  on  her  passage  to  Ore 
gon,  Feb.  26,  1852.   Or.  Statesman,  March  2,  1852. 

32  Or.  Spectator,  Oct.  31,  1850.     The  Oregon  was  transformed  into  a  sail 
ing  vessel  after  many  years  of  service,  and  was  finally  sunk  in  the  strait  of 
Juan  de  Fuca  by  collision  with  the  bark  Ger  mania  in  1880.     Her  commander 
when  she  first  came  to  Oregon  was  Lieut.  Charles  P.  Patterson  of  the  navy. 


COAST  SURVEY.  189 

brought  out  by  Lieutenant  G.  W.  Totten  of  the 
navy,  in  March  1851,  and  afterward  commanded  by 
William  Dall.33 

The  Columbia  supplied  a  great  deficiency  in  com 
munication  with  California  and  the  east,  though 
Oregon  was  still  forced  to  be  content  with  a  monthly 
mail,  while  California  had  one  twice  a  month.  The 
postmaster-general's  direction  that  Astoria  should  be 
made  a  distributing  office  was  a  blunder  that  the 
delegate  failed  to  rectify.  Owing  to  the  lack  of  navi 
gation  by  steamers  on  the  rivers,  Astoria  was  but  a 
remove  nearer  than  San  Francisco,  and  while  not 
quite  so  inaccessible  as  the  mouth  of  the  Klamath, 
was  nearly  so.  When  the  post-routes  were  advertised, 
no  bids  were  offered  for  the  Astoria  route,  and  when 
the  mail  for  the  interior  was  left  at  that  place  a 
special  effort  must  be  made  to  bring  it  to  Portland.34 

Troubled  by  reason  of  this  isolation,  the  people  of 
Oregon  had  asked  over  and  over  for  increased  mail 
facilities,  and  as  one  of  the  ways  of  obtaining  them, 
and  also  of  increasing  their  commercial  opportunities, 
had  prayed  congress  to  order  a  survey  of  the  coast, 
its  bays  and  river  entrances.  Almost  immediately 

33  '  The  Columbia  was  commenced  in  New  York  by  a  man  named  Hunt, 
who  lived  in  Astoria,  under  an  agreement  with  Coffin,  Lownsdale,  and  Chap 
man,  the  proprietors,  of  Portland,  to  furnish  a  certain  amount  of  money  to 
build  a  vessel  to  run  between  San  Francisco  and  Astoria.  Hunt  went  east, 
and  the  keel  of  the  vessel  was  laid  in  1849,  and  he  got  her  on  the  ways  and 
ready  to  launch  when  his  money  gave  out,  and  the  town  proprietors  of  Port 
land  did  not  send  any  more.  So  she  was  sold,  and  Rowland  and  Aspinwall 
bought  her  for  this  trade  themselves.  .  .She  ran  regularly  once  a  month  from 
San  Francisco  to  Portland,  carrying  the  mails  and  passengers.'  She  was  very 
stanclily  built,  of  700  tons  register,  would  carry  50  or  60  cabin  passengers, 
with  about  as  many  in  the  steerage,  and  cost  $150,000.  N.  Y.  Tribune,  in  Or. 
Spectator,  Dec.  12,  1850;  Demly's  Hist.  Or.,  MS.,  10-11. 

31  The  postal  agent  appointed  in  1851  was  Nathaniel  Coe,  a  man  of  high 
character  and  scholarly  attainments,  as  well  as  religious  habits.  He  was  a 
native  of  Morristown,  New  Jersey,  born  September  11,  1788,  a  whig,  and  a 
member  of  the  Baptist  church.  In  his  earlier  years  he  represented  Alleghany 
county,  New  York,  in  the  state  legislature.  When  his  term  of  office  in  Oregon 
expired  he  remained  in  the  country,  settling  on  the  Columbia  River  near  the 
mouth  of  Hood  River,  on  the  eastern  slope  of  the  Cascade  Mountains.  'His 
mental  energy  was  such,  that  neither  the  rapid  progress  of  the  sciences  of  our 
time,  nor  his  own  great  age  of  eighty,  could  check  his  habits  of  study.  The 
ripened  fruits  of  scholarship  that  resulted  appeared  as  bright  as  ever  even 
in  the  last  weeks  of  his  life.  He  died  at  Hood  River,  his  residence,  October 
17,  1868.'  Vancouver  Register,  Nov.  7,  1868;  Dalles  Mountaineer,  Oct.  23,  1868. 


190  DISCOVERY  OF  GOLD  IN  OREGON. 

upon  the  organization  of  the  territory,  Professor  A. 
D.  Bache,  superintendent  of  the  United  States  coast 
survey,  was  notified  that  he  would  be  expected  to 
commence  the  survey  of  the  coast  of  the  United 
States  on  the  Pacific.  A  corps  of  officers  was  se 
lected  and  divided  into  two  branches,  one  party  to 
conduct  the  duties  of  the  service  on  shore,  and  the 
other  to  make  a  hydrographical  survey. 

The  former  duty  devolved  upon  assistant-superin 
tendent,  James  S.  Williams,  Brevet-Captain  D.  P. 
Hammond,  and  Joseph  S.  Ruth,  sub-assistant.  The 
naval  survey  was  conducted  by  Lieutenant  W.  P. 
McArthur,  in  the  schooner  Ewing,  which  was  com 
manded  by  Lieutenant  Washington  Bartlett  of  the 
United  States  navy.  The  time  of  their  advent  on 
the  coast  was  an  unfortunate  one,  the  spring  of  1849, 
when  the  gold  excitement  was  at  its  height,  prices 
of  labor  and  living  extortionate,  and  the  difficulty  of 
restraining  men  on  board  ship,  or  in  any  service, 
excessive,  the  officers  having  to  stand  guard  over  the 
men,35  or  to  put  to  sea  to  prevent  desertions. 

So  many  delays  were  experienced  from  these  and 
other  causes  that  nothing  was  accomplished  in  1849, 
and  the  Ewing  wintered  at  the  Hawaiian  Islands, 
returning  to  San  Francisco  for  her  stores  in  the 
spring,  and  again  losing  some  of  her  men.  On  the 
3d  of  April,  Bartlett  succeeded  in  getting  to  sea  with 
men  enough  to  work  the  vessel,  though  some  of  these 
were  placed  in  irons  on  reaching  the  Columbia  River. 
The  first  Oregon  newspaper  which  fell  under  Bart- 
lett's  eye  contained  a  letter  of  Thurston's,  in  which  he 
reflected  severely  on  the  surveying  expedition  for 
neglect  to  proceed  with  their  duties,  which  was  sup 
plemented  by  censorious  remarks  by  the  editor.  To 

35  A  mutiny  occurred  in  which  Passed  Midshipman  Gibson  was  nearly 
drowned  in  San  Francisco  Bay  by  five  of  the  seamen.  They  escaped,  were 
pursued,  captured,  and  sentenced  to  death  by  a  general  court-martial.  Two 
were  hanged  on  board  the  Ewing  and  the  others  on  the  St  Mary's,  a  ship  of 
the  U.  S.  squadron.  Letter  of  Lieut.  Bartlett,  in  Or.  Spectator,  June  27,  1850; 
Lawson'sAutobiog.,  MS.,  2;  Davidson's  Bioyraphy. 


WORK  ACCOMPLISHED.  191 

these  attacks  Bartlett  replied  through  the  same 
medium,  and  took  occasion  to  reprove  the  Oregonians 
for  their  lack  of  enterprise  in  failing  to  sustain  a  pilot 
service  at  the  mouth  of  the  Columbia,  which  service, 
since  the  passage  of  the  pilotage  act,  had  received 
little  encouragement  or  support,36  and  also  for  giving 
countenance  to  the  desertion  of  his  men. 

The  work  accomplished  by  the  Ewing  during  the 
summer  was  the  survey  of  the  entrance  to  the  Colum 
bia,  the  designation  of  places  for  buoys  to  mark  the 
channel,  of  a  site  for  a  light-house  on  Cape  Disap 
pointment,  and  the  examination  of  the  coast  south  of 
the  Columbia.  The  survey  showed  that  the  "  rock- 
ribbed  and  iron-bound"  shore  of  Oregon  really  was 
a  beach  of  sand  from  Point  Adams  to  Cape  Arago,  a 
distance  of  one  hundred  and  sixty-five  miles,  only 
thirty-three  miles  of  that  distance  being  cliffs  of  rock 
where  the  ocean  touched  the  shore.  From  Cape 
Arago  to  the  forty-second  parallel,  a  distance  of 
eighty-five  miles,  rock  was  found  to  predominate, 

36Capt  White,  a  New  York  pilot,  conceived  the  idea  of  establishing 
himself  and  a  corps  of  competent  assistants  at  the  mouth  of  the  Columbia, 
thereby  conferring  a  great  benefit  on  Oregon  commerce,  and  presumably  a 
reasonable  amount  of  reward  upon  himself.  But  his  venture,  like  a  great  many 
others  projected  from  the  other  side  of  the  continent,  was  a  failure.  On  bring 
ing  his  fine  pilot-boat,  the  Wm  G.  Hagstaff,  up  the  coast,  in  September  1849, 
he  attempted  to  enter  Rogue  River,  but  got  aground  on  the  bar,  was  attacked 
by  the  Indians,  and  himself  and  associates,  with  their  men,  driven  into  tbe 
mountains,  where  they  wanrlered  for  eighteen  days  in  terrible  destitution 
before  reaching  Fort  Umpqua,  at  which  post  they  received  succor.  The 
Hagstaff  was  robbed  and  burned,  her  place  being  supplied  by  another  boat 
called  the  Mary  Taylor.  The.  Pioneer,  i.  3.31;  Davidson's  Coast  Pilot,  112- 
13;  Williams'  ti.  W.  Or.,  MS.  2.  It  was  the  neglect  of  the  Oregonians  to 
make  good  the  loss  of  Captain  White,  or  a  portion  of  it,  to  which  Bartlett 
referred.  For  the  year  during  which  White  had  charge  of  the  bar  pilot 
age  G9  vessels  of  from  60  to  650  tons  crossed  in  all  128  times.  The  only  loss 
of  a  vessel  in  that  time  was  that  of  the  Josephine,  loaded  with  lumber  of  the 
Oregon  Milling  Company.  She  was  becalmed  on  the  bar,  and  a  gale  coming 
up  in  the  night  she  dragged  her  anchor  and  was  carried  on  the  sands,  where 
she  was  dismasted  and  abandoned.  She  afterward  floated  out  to  sea,  being 
a  total  loss.  George  Gibbs,  in  Or.  Spectator,  May  2,  1850.  The  pilot  commis 
sioners,  consisting  at  this  time  of  Gov.  Lane  and  captains  Couch  and  Crosby, 
made  a  strong  appeal  in  behalf  of  White,  but  he  was  left  to  bear  his  losses 
and  go  whither  he  pleased.  Johnson's  Cal.  and  Or.,  254-5;  Carrol's  Star  of 
the  West,  290-5;  Stevens,  in  Pac.  £.  R.  Kept.,  i.  109,  291-2,  615-16;  Poly 
nesian,  July  20,  1850.  The  merchants  finally  advanced  the  pay  of  pilots  so 
as  to  be  remunerative,  after  which  time  little  was  heard  about  the  terrors  of 
the  Columbia  bar. 


192  DISCOVERY  OF  GOLD  IN  OREGON. 

there  being  only  fifteen  miles  of  sand  on  this  part  of 
the  coast.37  Little  attention  was  given  to  any  bay  or 
stream  north  of  the  Umpqua,  Me  Arthur  offering  it 
as  his  opinion  that  they  were  accessible  by  small  boats 
alone,  except  Yaquina,  which  might,  he  conjectured, 
be  entered  by  vessels  of  a  larger  class. 

It  will  be  remembered  that  the  Samuel  Roberts 
entered  the  Umpqua  August  6,  1850,  and  surveyed 
the  mouth  of  the  river,  and  the  river  itself  to  Scotts- 
burg.  As  the  Ewing  did  not  leave  the  Columbia 
until  the  7th,  Me  Arthur's  survey  was  subsequent 
to  this  one.  He  crossed  the  bar  in  the  second  cutter 
and  not  in  the  schooner;  and  pronounced  the  channel 
practicable  for  steamers,  but  dangerous  for  sailing 
vessels,  unless  under  favorable  circumstances.  Slight 
examination  was  made  of  Coos  Bay,  an  opinion  being 
formed  from  simply  looking  at  the  mouth  that  it  would 
be  found  available  for  steamers.  The  Coquille  River 
was  said  to  be  only  large  enough  for  canoes;  and 
Rogue  River  also  unfit  for  sailing  vessels,  being  so 
narrow  as  to  scarcely  afford  room  to  turn  in.  So 
much  for  the  Oregon  coast.  As  to  the  Klamath, 
while  it  had  more  water  on  the  bar  than  any  river 
south  of  the  Columbia,  it  was  so  narrow  and  so  rapid 
as  to  be  unsafe  for  sailing  vessels.38 

This  was  a  very  unsatisfactory  report  for  the  pro 
jectors  of  seaport  towns  in  southern  Oregon.  It  was 
almost  equally  disappointing  to  the  naval  and  post- 
office  departments  of  the  general  government,  and  to 
the  mail  contractors,  who  were  then  still  anxious  to 
avoid  running  their  steamers  to  the  Columbia,  and 
determined  if  possible  to  find  a  different  mail  route. 
The  recommendation  of  the  postmaster-general  at  the 
instance  of  the  Oregon  delegate,  that  they  should  be 
required  to  leave  the  mail  at  Scottsburg,  as  I  have 
mentioned,  induced  them  to  make  a  special  effort  to 

87  Coast  Survey,  1850,  70;  8.  F.  Pac.  News,  Jan.  18,  1851. 
38McArthur  died  in  1851  while  on  his  way  to  Panama  and  the  east.  Law- 
son's  Autobiog.,  MS.,  26. 


PORT  OXFORD  ESTABLISHED.  193 

found  a  settlement  on  the  southern  coast  which  would 
enable  them  to  avoid  the  bar  of  the  Umpqua. 

The  place  selected  was  on  a  small  bay  about  eight 
miles  south  of  Cape  Blanco,  and  a  little  south  of  Point 
Orford.  Orders  were  issued  to  Captain  Tichenor39  of 
the  Seagull,  which  was  running  to  Portland,  to  put  in 
at  this  place,  previously  visited  by  him,40  and  there 
leave  a  small  colony  of  settlers,  who  were  to  examine 
the  country  for  a  road  into  the  interior.  Accord 
ingly  in  June  1851  the  Seagull  stopped  at  Port  Or 
ford,  as  it  was  named,  and  left  there  nine  men,  com 
manded  by  J.  M.  Kirkpatrick,  with  the  necessary  stores 
and  arms.  A  four-pounder  was  placed  in  position  on 
the  top  of  a  high  rock  with  one  side  sloping  to  the  sea, 
and  which  at  high  tide  became  an  island  by  the  united 
waters  of  the  ocean  and  a  small  creek  which  flowed 
by  its  base. 

While  the  steamer  remained  in  port,  the  Indians, 
of  whom  there  were  many  in  the  neighborhood,  ap 
peared  friendly.  But  on  the  second  day  after  her 
departure,  about  forty  of  them  held  a  war-dance,  dur 
ing  which  their  numbers  were  constantly  augmented 
by  arrivals  from  the  heavily  wooded  and  hilly  country 
back  from  the  shore.  When  a  considerable  force  was 
gathered  the  chief  ordered  an  advance  on  the  fortified 

39  William  Tichenor  was  born  in  Newark,  N.  J.,  June  13,  1813,  his  ances 
tor  Daniel  Ticlienor  being  one  of  the  original  proprietors  of  that  town.     He 
followed  the  sea,  making  his  first  voyage  in  1825.     In  1833  he  married  and 
went  to  Indiana,  but  could  not  remain  in  the  interior.     After  again  making 
a  sea  voyage  he  tried  living  in  Edgar  county,  Illinois,  where  he  represented 
the  ninth  senatorial  district.     In  1840  he  recruited  two  companies  for  the 
regiment  commanded  by  Col.   E.  D.  Baker,  whom  lie  afterward  helped  to 
elect  to  the  U.  S.  senate  from  Oregon.     Tichenor  came  to  the  Pacific  coast  in 
1849,  and  having  mined  for  a  short  time  on  the  American  River,  purchased 
the  schooner  /.  M.  Ryerson,  and  sailed  for  the  gulf  of  California,  exploring 
the  coast  to  San  Francisco  and  northward,  discovering  the  bay  spoken  of 
above.     He  finally  settled  at  Port  Orford,  and  was  three  times  elected  to  the 
lower  house  of  the  Oregon  legislature,  and  once  to  the  senate.     He  took  up 
the  study  of  law  and  practised  for   16  years,  and  was  at  one  time  county 
judge  of  Curry  county.     Yet  during  all  this  time  he  never  quite  gave  up  sear 
faring.  Letter  of  Tic/tenor,  in  Historical  Correspondence,  MS. 

40  Port  Orford  was  established  and  owned  by  Capt.  Tichenor,  T.  Butler 
King,  collector  of  the  port  of  San  Francisco,  James  Gamble,  Fred  M.  Smith, 
M.  Hubbard,  and  W.  G.  T' Vault.  Or.  Statesman,  Aug.  10,  18ol. 

HIST.  OB.,  VOL.  II.    13 


194  DISCOVERY  OF  GOLD  IN  OREGON. 

rock  of  the  settlers,  who  motioned  them  to  keep  back 
or  receive  their  fire.  But  the  savages,  ignorant  per 
haps  of  the  use  of  cannon,  continued  to  come  nearer 
until  it  became  evident  that  a  hand-to-hand  conflict 
would  soon  ensue.  When  one  of  them  had  seized  a 
musket  in  the  hands  of  a  settler,  Kirkpatrick  touched 
a  fire-brand  to  the  cannon,  and  discharged  it  in  the 
midst  of  the  advancing  multitude,  bringing  several  to 
the  ground.  The  men  then  took  aim  and  shot  six  at 
the  first  fire.  Turning  on  those  nearest  with  their 
guns  clubbed,  they  were  able  to  knock  down  several, 
and  the  battle  was  won.  In  fifteen  minutes  the 
Indians  had  twenty  killed  and  fifteen  wounded.  Of 
the  white  men  four  were  wounded  by  the  arrows  of 
the  savages  which  fell  in  a  shower  upon  them.  The 
Indians  were  permitted  to  carry  off  their  dead,  and  a 
lull  followed. 

But  the  condition  of  the  settlers  was  harassing. 
They  feared  to  leave  their  fortified  camp  to  explore 
for  a  road  to  the  interior,  and  determined  to  await 
the  return  of  the  Seagull,  which  was  to  bring  an 
other  company  from  San  Francisco.  At  the  end  of 
five  days  the  Indians  reappeared  in  greater  force, 
and  seeing  the  white  men  still  in  possession  of  their 
stronghold  and  presenting  a  determined  front,  retired 
a  short  distance  down  the  coast  to  hold  a  war-dance 
and  work  up  courage.  The  settlers,  poorly  supplied 
with  ammunition,  wished  to  avoid  another  conflict  in 
which  they  might  be  defeated,  and  taking  advantage 
of  the  temporary  absence  of  the  foe  essayed  to  es 
cape  to  the  woods,  carrying  nothing  but  their  arms. 

It  was  a  bold  and  desperate  movement  but  it  proved 
successful.  Travelling  as  rapidly  as  possible  in  the 
almost  tropical  jungle  of  the  Coast  Range,  and  keep 
ing  in  the  forest  for  the  first  five  or  six  miles,  they 
emerged  at  night  on  the  beach,  and  by  using  great 
caution  eluded  their  pursuers.  On  coming  to  Coquille 
River,  a  village  of  about  two  hundred  Indians  was 
discovered  on  the  bank  opposite,  which  they  avoided 


THE  ABANDONED  SETTLEMENT.  195 

by  going  up  the  stream  for  several  miles  and  crossing 
it  on  a  raft.  To  be  secure  against  a  similar  en 
counter,  they  now  kept  to  the  woods  for  two  days, 
though  by  doing  so  they  deprived  themselves  of  the 
only  food,  except  salmon  berries,  which  they  had  been 
able  to  find.  At  one  place  they  fell  in  with  a  small 
band  of  savages  whom  they  frightened  away  by  charg 
ing  toward  them.  Again  emerging  on  the  beach 
they  lived  on  mussels  for  four  days.  The  only  as 
sistance  received  was  from  the  natives  on  Cowan 
River  which  empties  into  Coos  Bay.  These  people 
were  friendly,  and  fed  and  helped  them  on  their  wa\T. 
On  the  eighth  day  the  party  reached  the  mouth  of 
the  Umpqua,  where  they  were  kindly  cared  for  by 
the  settlers  at  that  place.41 

When  Tichenor  arrived  at  San  Francisco,  he  pro 
ceeded  to  raise  a  party  of  forty  men  to  reenforce  his 
settlement  at  Port  Orford,  to  which  he  had  promised 
to  return  by  the  23d  of  the  month.  The  Seagull 
being  detained,  he  took  passage  on  the  Columbia, 
Captain  Le  Roy,  and  arrived  at  Port  Orford  as 
agreed,  on  the  23d,  being  surprised  at  not  seeing  any 
of  his  men  on  shore.  He  immediately  landed,  how 
ever,  with  Le  Roy  and  eight  others,  and  saw  provis 
ions  and  tools  scattered  over  the  ground,  and  on  every 
side  the  signs  of  a  hard  struggle.  On  the  ground  was 
a  diary  kept  by  one  of  the  party,  in  which  the  begin 
ning  of  the  first  day's  battle  was  described,  leaving 
off  abruptly  where  the  first  Indian  seized  a  comrade's 
gun.  Hence  it  was  thought  that  all  had  been  killed, 
and  the  account  first  published  of  the  affair  set  it 
down  as  a  massacre;  a  report  which  about  one  week 
later  was  corrected  by  a  letter  from  Kirkpatrick,  who, 
after  giving  a  history  of  his  adventures,  concluded 

41  Williams'  S.  W.  Oregon,  MS.,  1-6;  Alta  California,  June  30th  and 
July  25,  1851;  Wills3  Wild  Life,  in  Van  Tromp's  Adventures,  149-50;  Arm 
strong's  Or.,  60-4;  Crane's  Top.  Mem.,  37-40;  Overland  Monthly,  xiv.  179-82; 
Portland  Bulletin,  Feb.  25,  1873;  Or.  Spectator,  July  3,  1851;  Or.  Statesman, 
July  4th  and  15,  1851;  Parrish's  Or.  Anecdotes,  MS.,  41-5;  Harper's  Mag., 
xiii.  590-1;  S.  F.  Herald,  June  30,  1851;  Id.,  July  15,  1851;  Lawson's 
Autolioy.,  MS.,  32-3;  S.  F.  Alta,  June  30,  1851;  Taylor's  Spec.  Press,  19. 


196  DISCOVERY  OF  GOLD  IN  OREGON. 

with  a  favorable  description  of  the  country  and  the 
announcement  that  he  had  discovered  a  fine  bay  at 
the  mouth  of  the  Cowan  River.42  This  important 
discovery  was  little  heeded  by  the  founders  of  Port 
Orford,  who  were  bent  upon  establishing  their  settle 
ment  on  a  more  southern  point  of  the  coast. 

Tichenor  left  his  California  party  at  Port  Orford 
well  armed  and  fortified  and  proceeded  to  Portland, 
where  he  advertised  to  land  passengers  within  thirty- 
five  miles  of  the  Rogue  River  mines,  having  brought 
up  about  two  dozen  miners  from  San  Francisco  and 
landed  them  at  Port  Orford  to  make  their  way  from 
thence  to  the  interior,  at  their  own  hazard.  On  re 
turning  down  the  coast  the  Columbia  again  touched 
at  Port  Orford  and  left  a  party  of  Oregon  men,  so 
that  by  August  there  were  about  seventy  persons  at 
the  new  settlement.  They  were  all  well  armed  and 
kept  guard  with  military  regularity.  To  some  was 
assigned  the  duty  of  hunting,  elk,  deer,  and  other 
game  being  plentiful  on  the  coast  mountains,  and 
birds  of  numerous  kinds  inhabiting1  the  woods  and 

O 

seashore.  A  Whitehall  boat  was  left  for  fishing  and 
shooting  purposes.  These  hunting  tours  were  also 
exploring  expeditions,  resulting  in  a  thorough  exami 
nation  of  the  coast  from  the  Coquille  River  on  the 
north  to  a  little  below  the  California  line  on  the  south, 
iu  which  distance  no  better  port  was  discovered.43 

The  24th  of  August  a  party  of  twenty -three44  under 
T'Vault  set  out  to  explore  the  interior.  T'Vault's 
experience  as  a  pioneer  was  supposed  to  fit  him  for 
the  position  of  guide  and  Indian-fighter,  a  most  re 
sponsible  office  in  that  region  of  hostile  savages, 

42  Now  called  Coos,  an  Indian  name. 

43  Says  Williams  in  his  S.   W.  Oregon,  MS.,  9:  'It  was  upon  one  of  these 
expeditions,  returning  from  a  point  where  Crescent  City  now  stands,  that  with 
a  fair  wind,  myself  at  the  helm,  we  sailed  into  the  beautiful  Chetcoe  River 
which  we  ever  pronounced  the  loveliest  little  spot  upon  that  line  of  coast.' 

41 1  give  here  the  number  as  given  by  Williams,  one  of  the  company, 
though  it  is  stated  to  be  ouly  18  by  T'Vault,  the  leader,  in  Alto,  California, 
Oct.  14,  1851. 


TTAULT'S  EXPLORATION.  197 

particularly  as  the  expedition  was  made  up  of  im 
migrants  of  the  previous  year,  with  little  or  no 
knowledge  of  the  country,  or  of  mountain  life.  Only 
two  of  them,  Williams  and  Lount,  both  young  men 
from  Michigan,  were  good  hunters;  and  on  them 
would  depend  the  food  supply  after  the  ten  days'  ra 
tions  with  which  each  man  was  furnished  should  be 
exhausted. 

Nothing  daunted,  however,  they  set  out  on  horses, 
and  proceeded  southward  along  the  coast  as  far  as  the 
mouth  of  Rogue  River.  The  natives  along  the  route 
were  numerous,  but  shy,  and  on  being  approached  fled 
into  the  woods.  At  Rogue  River,  however,  they 
assumed  a  different  air,  and  raised  their  bows  threat 
eningly,  but  on  seeing  ge»ns  levelled  at  them  desisted. 
During  the  march  they  hovered  about  the  rear  of 
the  party,  who  on  camping  at  night  selected  an  open 
place,  and  after  feeding  their  horses  burned  the  grass 
for  two  hundred  yards  around  that  the  savages  might 
not  have  it  to  hide  in,  keeping  at  the  same  time 
a  double  guard.  Proceeding  thus  cautiously  they 
avoided  collision  with  these  savages. 

When  they  had  reached  a  point  about  fifty  miles 
from  the  ocean,  on  the  north  bank  of  Rogue  River, 
having  lost  their  way  and  provisions  becoming  low, 
some  determined  to  turn  back.  T'Vault,  unwilling 
to  abandon  the  adventure,  offered  increased  pay 
to  such  as  would  continue  it.  Accordingly  nine 
went  on  with  him  toward  the  valley,  though  but  one 
of  them  could  be  depended  upon  to  bring  in  game.45 
The  separation  took  place  on  the  1st  of  September, 
the  advancing  party  proceeding  up  Rogue  River,  by 
which  course  they  were  assured  they  could  not  fail 
soon  to  reach  the  travelled  road. 

On  the  evening  of  the  9th  they  came  upon  the 

45  This  was  Williams.  The  others  were:  Patrick  Murphy,  of  New  York; 
A.  S.  Doherty  and  Gilbert  Brush,  of  Texas;  Cyrus  Hedden,  of  Newark,  N. 
J.;  John  P.  Holland,  of  New  Hampshire;  T.  J.  Davenport,  of  Massachusetts; 
Jeremiah  Ryan,  of  Maryland;  J.  P.  Pepper,  of  New  York.  Alta  California. 
Got  14,  1851. 


198  DISCOVERY  OF  GOLD  IN  OREGON. 

head-waters  of  a  stream  flowing,  it  was  believed,  into 
the  ocean  near  Cape  Blanco.  They  were  therefore, 
though  designing  to  go  south-eastwardly,  actually 
some  distance  north  as  well  as  east  from  Port  Orford, 
the  nature  of  the  country  and  the  direction  of  the 
ridges  forcing  them  out  of  their  intended  course. 
Finding  an  open  country  on  this  stream,  they  followed 
it  down  some  distance,  and  chancing  to  meet  an  Indian 
boy  engaged  him  as  a  guide,  who  brought  them  to  the 
southern  branch  of  a  river,  down  which  they  travelled, 
finding  the  bottoms  covered  with  a  thick  growth  of 
trees  peculiar  to  low,  moist  lands.  It  was  now  deter 
mined  to  abandon  their  horses,  as  they  could  advance 
with  difficulty,  and  had  no  longer  anything  to  carry 
which  could  not  be  dispensed  with.  They  therefore 
procured  the  services  of  some  Indians  with  canoes 
to  take  them  to  the  mouth  of  the  river,  which  they 
found  to  have  a  beautiful  valley  of  rich  land,  and  to 
be,  after  passing  the  junction  of  the  two  forks,  about 
eighty  yards  wide,  with  the  tide  ebbing  and  flowing 
from  two  to  three  feet.46  On  the  14th,  about  ten 
o'clock  in  the  morning,  having  descended  to  within  a 
few  miles  of  the  ocean,  a  member  of  the  party,  Mr 
Hedden,  one  of  those  driven  out  of  Port  Orford  in 
Juvie,  and  who  escaped  up  the  coast,  recognized  the 
stream  as  the  Coquille  River,  which  the  previous  party 
had  crossed  on  a  raft.  Too  exhausted  to  navigate  a 
boat  for  themselves,  and  overcome  by  hunger,  they 
engaged  some  natives47  to  take  them  down  the  river, 
instead  of  which  they  were  carried  to  a  large  rancheria 
situated  about  two  miles  from  the  ocean. 

Savages  thronged  the  shore  armed  with  bows  and 
arrows,  long  knives/8  and  war-clubs,  and  were  upon 
them  the  moment  they  stepped  ashore.  T'Vault 

46  On  Coquille  River,  12  miles  below  the  north  fork,  is  a  tree  with  the 
name  '  Dennis  White,  1834, '  to  which  some  persons  have  attached  importance. 
Armstrong's  Or.,  65. 

47  One  of  the  Indians  who  paddled  their  canoes  had  with  him  *  the  identi 
cal  gun  that  James  H.  Eagan  had  broken  over  an  Indian's  head  at  Port  Or 
ford  in  June  last.'    Williams'  S.  W.  Or.,  MS.,  28. 

48  These  knives,  two  and  two  and  a  half  feet  long,  were  manufactured  by 


THRILLING  INCIDENTS.  199 

afterward  declared  that  the  first  thing  he  was  con 
scious  of  was  being  in  the  river,  fifteen  yards  from 
shore  and  swimming.  He  glanced  toward  the  village, 
and  saw  only  a  horrible  confusion,  and  heard  the  yells 
of  savage  triumph  mingled  with  the  sound  of  blows 
and  the  shrieks  of  his  unfortunate  comrades.  At  the 
same  instant  he  saw  Brush  in  the  water  not  far  from 
him  and  an  Indian  standing  in  a  canoe  striking  him 
on  the  head  with  a  paddle,  while  the  water  around 
was  stained  with  blood. 

At  this  juncture  occurred  an  incident  such  as  is 
used  to  embellish  romances,  when  a  woman  or  a  child 
in  the  midst  of  savagery  displays  those  feelings  of 
humanity  common  to  all  men.  While  the  two  white 
men  were  struggling  for  their  lives  in  the  stream  a 
canoe  shot  from  the  opposite  bank.  In  it  standing 
erect  was  an  Indian  lad,  who  on  reaching  the  spot 
assisted  them  into  the  canoe,  handed  them  the  paddle, 
then  springing  into  the  water  swam  back  to  the  shore. 
They  succeeded  in  getting  to  land,  and  stripping 
themselves,  crawled  up  the  bank  and  into  the  thicket 
without  once  standing  upright.  Striking  southward 
through  the  rough  and  briery  undergrowth  they  hur 
ried  on  as  long  as  daylight  lasted,  and  at  night  emerged 
upon  the  beach,  reaching  Cape  Blanco  the  following 
morning,  where  the  Indians  received  them  kindly,  and 
after  taking  care  of  them  for  a  day  conveyed  them  to 
Port  Orford.  T'Vault  was  not  severely  wounded,  but 
Brush  had  part  of  his  scalp  taken  off  by  one  of  the 
long  knives.  Both  were  suffering  from  famine  and 
bruises,  and  believed  themselves  the  only  survivors.49 
But  in  about  two  weeks  it  was  ascertained  that 
others  of  the  party  were  living,  namely:  Williams,50 

the  Indians  out  of  some  band  iron  taken  from  the  wreck  of  the  Hacjstaff. 
They  were  furnished  with  whalebone  handles.  Parrish's  Or.  Anecdotes,  MS. ,  00. 

49Laiuson's  Autobiog.,  MS.,  45-G;  Portland  Bulletin,  March  3,  1873;  S.  F. 
Herald,  Oct.  14,  1851;  Ashland  Tidiwjs,  July  12th  and  19,  1878;  Portland 
West  Shore,  May  1878. 

50  The  narrative  of  Williams  is  one  of  the  most  thrilling  in  the  literature 
of  savage  warfare.  When  the  attack  was  made  he  had  just  stepped  ashore 
from  the  canoe.  His  first  struggle  was  with  two  powerful  savages  for  the 


200  DISCOVERY  OF  GOLD  IN  OREGON. 

Davenport,  and  Hedden,  the  other  five  having  been 
murdered,  their  companies  hardly  knew  how. 

With  this  signal  disaster  terminated  the  first  at 
tempt  to  reach  the  Rogue  River  Valley  from  Port 
Orford;  and  thus  fiercely  did  the  reel  inhabitants  of 
this  region  welcome  their  white  brethren.  The  diffi 
culties  with  the  various  tribes  which  grew  out  of  this 
and  similar  encounters  I  shall  describe  in  the  history 
of  the  wars  of  1851-3. 

Soon  after  the  failure  of  the  T'Vault  expedition 
another  company  was  fitted  out  to  explore  in  a  differ- 

possession  of  his  rifle,  which  being  discharged  in  the  contest,  for  a  moment 
gave  him  relief  by  frightening  his  assailants.  Amidst  the  yells  of  Indians  and 
the  cries  and  groans  of  comrades  he  forced  his  way  through  the  infuriated 
crowd  with  the  stock  of  his  gun,  being  completely  surrounded,  fighting  in  a 
circle,  and  striking  in  all  directions.  Soon  only  the  barrel  of  his  gun  remained 
iu  his  hands,  with  which  he  continued  to  deal  heavy  blows  as  he  advanced 
along  a  piece  of  open  ground  toward  the  forest,  receiving  blows  as  well,  one 
of  which  felled  him  to  the  ground.  Quickly  recovering  himself,  with  one 
desperate  plunge  the  living  wall  was  broken,  and  he  darted  for  the  woods. 
As  he  ran  an  arrow  hit  him  between  the  left  hip  and  lower  ribs,  penetrating 
the  abdomen,  and  bringing  him  to  a  sudden  stop.  Finding  it  impossible  to 
move,  he  drew  out  the  shaft  which  broke  off,  leaving  one  joint  of  its  length, 
with  the  barb,  in  his  body.  So  great  was  his  excitement  that  after  the  first 
sensation  no  pain  was  felt.  The  main  party  of  Indians  being  occupied  with 
rifling  the  bodies  of  the  slain,  a  race  for  life  now  set  in  with  about  a  dozen  of 
the  most  persistent  of  his  enemies.  Though  several  times  struck  with  arrows 
he  ran  clown  all  but  two  who  placed  themselves  on  each  side  about  ten  feet 
away  shooting  every  instant.  Despairing  of  escape  Williams  turned  on  them, 
but  while  he  chased  one  the  other  shot  at  him  from  behind.  As  if  to  leave 
him  no  chance  for  life  the  suspenders  of  his  pantaloons  gave  way,  and  being 
impeded  by  their  falling  down  he  was  forced  to  stop  and  kick  them  off.  With 
his  eyes  and  mouth  filled  with  blood  from  a  wound  on  the  head,  blinded  and 
despairing  he  yet  turned  to  enter  the  forest  when  he  fell  headlong.  At  this 
the  Indians  rushed  upon  him  sure  of  their  prey;  one  of  them  who  earned  a 
captured  gun  attempted  to  fire,  but  it  failed.  Says  the  narrator:  'The  sick 
ening  sensations  of  the  last  half  hour  were  at  once  dispelled  when  I  realized 
that  the  gun  had  refused  to  fire.  I  was  on  my  feet  in  a  moment,  rifle  barrel 
in  hand.  Instead  of  running  I  stood  firm,  and  the  Indian  with  the  rifle  also 
met  me  with  it  drawn  by  the  breech.  The  critical  moment  of  the  whole 
affair  had  arrived,  and  I  knew  it  must  be  the  final  struggle.  The  first  two  or 
three  blows  I  failed  utterly,  and  received  some  severe  bruises,  but  fortune 
was  on  my  side,  and  a  lucky  blow  given  with  unusual  force  fell  upon  my  an 
tagonist  killing  him  almost  instantly.  I  seized  the  gun,  a  sharp  report  fol 
lowed,  and  I  had  the  satisfaction  of  seeing  my  remaining  pursuer  stagger  and 
fall  dead.'  Expecting  to  die  of  his  wounds  Williams  entered  the  shadow  of 
the  woods  to  seek  a  place  where  he  might  lie  down  in  peace.  Soon  afterward 
he  fell  in  with  Hedden,  who  had  escaped  uninjured,  and  who  with  some 
friendly  Indians  assisted  him  to  reach  the  Umpqua,  where  they  arrived  after 
six  days  of  intense  suffering  from  injuries,  famine,  and  cold,  and  where  they 
found  the  brig  Almira,  Capt.  Gibbs,  lying,  which  took  them  to  Gardiner.  All 


COOS  BAY  AND  PORT  ORFORD.  201 

ent  direction  for  a  road  to  the  interior,51  which  was 
compelled  to  return  without  effecting  its  object.  Port 
Orford,  however,  received  the  encouragement  and  as 
sistance  of  government  officials,  including  the  coast 
survey  officers  and  military  men,52  and  throve  in  con 
sequence.  Troops  were  stationed  there,53  and  before 
the  close  of  the  year  the  work  of  surveying  a  military 
road  was  begun  by  Lieutenant  Williamson,  of  the 
topographical  engineers,  with  an  escort  of  dragoons 
from  Casey's  command  at  Port  Orford.  Several  fami 
lies  had  also  joined  the  settlement,  about  half  a  dozen 
dwelling  houses  having  been  erected  for  their  accom 
modation.54  The  troops  were  quartered  in  nine  log 
buildings  half  a  mile  from  the  town.55  A  permanent 
route  to  the  mines  was  not  adopted,  however,  until 
late  the  following  year. 

Casey's  command  having  returned  to  Benicia  about 
the  1st  of  December,  in  January  following  the  schooner 
Captain  Lincoln,  Naghel  master,  was  despatched  to 
Port  Orford  from  San  Francisco  with  troops  and 

Williams'  wounds  except  that  in  the  abdomen  healed  readily.  That  dis 
charged  for  a  year.  In  four  years  the  arrow-head  had  worked  itself  out,  but 
not  until  the  seventh  year  did  the  broken  shaft  follow  it.  Davenport,  like 
Hedden,  was  unhurt,  but  wandered  starving  in  the  mountains  many  days 
before  reaching  a  settlement.  Williams  was  born  in  Vermont,  and  came 
to  the  Pacific  coast  in  1850.  He  made  his  home  at  Ashland,  enjoying  the 
respect  of  his  fellow-men,  combining  in  his  manner  the  peculiarities  of  the 
border  with  those  of  a  thorough  and  competent  business  man.  Portland  Went 
Shor<>,  June  18,  1878. 

51  Or.  Statesman,  Nov.  4,  1851. 

52  Probably  stories  like  the  following  had  their  effect:   'Port  Orford  has 
recently  been  ascertained  to  be  one  of  the  very  best  harbors  on  the  Pacific 
coast,  accessible  to  the  largest  class  of  vessels,  and  situated  at  a  convenient 
intermediate  point  between  the  Umpqua  and  Rogue  Rivers.'  Rept.  of  Gen. 
Hitchcock,  in  32d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  2,  149;  8.  F.  Alta,  July  13th 
and  Sept.  14,  1852. 

53  Lieutenant  Kautz,  of  the  rifles,  with  20  men  stationed  at  Astoria,  was 
ordered  to  Port  Orford  in  August,  at  the  instance  of  Tichenor,  where  a  post 
was  to  be  established  for  the  protection  of  the  miners  in  Rogue  River  Valley, 
which  was  represented  to  be  but  35  miles  distant  from  this  place.     After  the 
massacre  on  the  Coquille,  Col.  Casey,  of  the  2d  infantry,  was  despatched  from 
San  Francisco  with  portions  of  three  dragoon  companies,  arriving  at  Port 
Orford  on  the  22d  of  October. 

54  Saint  Amant,  41-2,  144;  Or.  Statesman,  Dec.  16,  1851. 

'*32d  Cong.,  2d  Sess.,  H.  Ex.  Doc.  1,  pt.  ii.  105-6;  S.  F.  Herald,  Nov. 
8,  1852. 


202  DISCOVERY  OF  GOLD  IN  OREGON. 

stores  under  Lieutenant  Stanton.  The  weather  being 
foul  she  missed  the  harbor  and  went  ashore  on  a 
sand  spit  two  miles  north  of  the  entrance  to  Coos 
Bay.  The  passengers  and  cargo  were  safely  landed 
on  the  beach,  where  shelter  was  obtained  under  sails 
stretched  on  booms  and  spars.  Thus  exposed,  annoyed 
by  high  winds  and  drifting  sands,  and  by  the  thiev 
ing  propensities  of  the  natives,  Stanton  was  forced  to 
remain  four  months.  An  effort  was  made  to  explore 
a  trail  to  Port  Orford  by  means  of  which  pack-trains 
could  be  sent  to  their  relief.  Twelve  dragoons  were 
assigned  to  this  service,  with  orders  to  wait  at  Port 
Orford  for  despatches  from  San  Francisco  in  answer 
to  his  own,  which,  as  the  mail  steamers  avoided  that 
place  after  hearing  of  the  wreck  of  the  schooner,  did 
not  arrive  until  settled  weather  in  March.  Quarter 
master  Miller  replied  to  Stanton  by  taking  passage 
for  Port  Orford  on  the  Columbia  under  a  special  ar 
rangement  to  stop  at  that  port.  But  the  steamer's 
captain  being  unacquainted  with  the  coast,  and  hav 
ing  nearly  made  the  mistake  of  attempting  to  enter 
Rogue  River,  proceeded  to  the  Columbia,  and  it  was 
not  until  the  12th  of  April  that  Miller  reached  his 
destination.  He  brought  a  train  of  twenty  mules 
from  Port  Orford,  the  route  proving  a  most  harass 
ing  one,  over  slippery  mountain  spurs,  through  dense 
forests  obstructed  with  fallen  timber,  across  several 
rivers,  besides  sand  dunes  and  marshes,  four  days 
being  consumed  in  marching  fifty  miles. 

On  reaching  Camp  Castaway,  Miller  proceeded  to 
the  Umpqua,  where  he  found  and  chartered  the 
schooner  Nassau,  which  was  brought  around  into 
Coos  Bay,  being  the  first  vessel  to  enter  that  harbor. 
Wagons  had  been  shipped  by  the  quartermaster  to 
the  Umpqua  by  the  brig  Fawn.  The  mules  were 
sent  to  haul  them  down  the  beach  by  what  proved  to 
be  a  good  road,  and  the  stores  being  loaded  into  them 
were  transported  across  two  miles  of  sand  to  the  west 
shore  of  the  bay  and  placed  on  board  the  Nassau,  in 


YAQUINA  BAY.  203 

which  they  were  taken  to  Port  Orford,56  arriving  the 
2  Oth  of  May. 

The  knowledge  of  the  country  obtained  in  these 
forced  expeditions,  added  to  the  exploration  of  the 
Coquille  Vail  j  by  road-hunters  in  the  previous 
autumn,  and  by  the  military  expedition  of  Casey  to 
punish  the  Coquilles,  of  which  I  shall  speak  in  an 
other  place,  was  the  means  of  attracting  attention  to 
the  advantages  of  this  portion  of  Oregon  for  settle 
ment.  A  chart  of  Coos  Bay  entrance  was  made  by 
Naghel,  which  was  sufficiently  correct  for  sailing  pur 
poses,  and  the  harbor  was  favorably  reported  upon  by 
Miller.57 

On  the  28th  of  January  the  schooner  Juliet,  Cap 
tain  Collins,  was  driven  ashore  near  Yaquina  Bay, 
the  crew  and  passengers  being  compelled  to  remain 
upon  the  stormy  coast  until  by  aid  of  an  Indian  mes 
senger  horses  could  be  brought  from  the  Willamette 
to  transport  them  to  that  more  hospitable  region.58 
While  Collins  was  detained,  which  was  until  the  latter 
part  of  March,  he  occupied  a  portion  of  his  time  in 
exploring  Yaquina  Bay,  finding  it  navigable  for  ves 
sels  drawing  from  six  to  eight  feet  of  water;  but  the 
entrance  was  a  bad  one.  In  the  bay  were  found  oysters 
and  clams,  while  the  adjacent  land  was  deemed  excel 
lent.  Thus  by  accident59  as  well  as  effort  the  secrets 
of  the  coast  country  were  brought  to  light,  and 

66  The  Nassau  was  wrecked  at  the  entrance  to  the  Umpqua  a  few  months 
later.  Or.  Statesman,  Sept.  18,  1852.     From  1850  to  1852  five  vessels  were 
lost  at  this  place,  the  Bostonian,  Nassau,  Almira,  OrcMlla,axid  Caleb  Curies, 

67  82d  Cong.,  2d  Sew.,  U.  S.  Ex.  Doc.  1,  pt.  ii.  103-9. 

58  Dr  McLoughlin,  Hugh  Burns,  W.  C.  Griswold,  and  W.  H.  Barnhart 
responded  to  the  appeal  of  the  shipwrecked,  and  furnished  the  means  of  their 
rescue  from  suffering.   Or.  Statesman,  March  2d  and  April  6,  1852. 

59  Of  marine  disasters  there  seem  to  have  been  a  great  number  in  1851-2, 
The  most  appalling  was  of  the  steam  propeller  General   Warren,  Captain 
Charles  Thompson,  which  stranded  on  Clatsop  spit,  after  passing  out  of  the 
Columbia,  Jan.  28,  1852.     The  steamer  was  found  to  be  leaking  badly,  and 
being  put  about  could  not  make  the  river  again.    She  broke  up  almost  imme 
diately  after  striking  the  sands,  and  by  daylight  next  morning  there  was  only 
enough  left  of  the  wreck  to  afford  standing  room  for  her  passengers  and  crew. 
A  boat,  the  only  one  remaining,  was  despatched  in  charge  of  the  bar  pilot  to 


204  DISCOVERY  OF  GOLD  IN  OREGON. 

although  the  immigration  of  1851  was  not  more  than 
a  third  as  much  as  that  of  the  previous  year,  there 
were  people  enough  running  to  and  fro,  looking  for 
new  enterprises,  to  impart  an  interest  to  each  fresh 
revelation  of  the  resources  of  the  territory. 

Astoria  for  assistance.  On  its  return  nothing  could  be  found  but  some  float 
ing  fragments  of  the  vessel.  Not  a  life  was  saved  of  the  52  persons  on  board. 
Or.  Statesman,  Feb.  10th  and  24,  1852;  Id.,  March  9,  1852;  Swan'*  N.  W. 
Coast,  259;  Portland  Oregonian,  Feb.  7,  1852;  S.  F.  Alta,  Feb.  16,  1852. 


CHAPTER  VII. 

INDIAN  AFFAIRS. 
1851. 

POLITICS — ELECTION  or  A  DELEGATE — EXTINGUISHMENT  OF  INDIAN  TITLES — 
INDIAN  SUPERINTENDENTS  AND  AGENTS  APPOINTED — KINDNESS  or  THE 
GREAT  FATHER  AT  WASHINGTON — APPROPRIATIONS  OF  CONGRESS — 
FRAUDS  ARISING  FROM  THE  SYSTEM — EASY  EXPENDITURE  OF  GOVERN 
MENT  MONEY — UNPOPULARITY  OF  HUMAN  SYMPATHY — EFFICIENCY  OF 
SUPERINTENDENT  DART — THIRTEEN  TREATIES  EFFECTED — LANE  AMONG 
THE  ROGUE  RIVER  INDIANS  AND  IN  THE  MINES — DIVERS  OUTRAGES 
AND  RETALIATIONS — MILITARY  AFFAIRS — ROGUE  RIVER  WAR — THE 
STRONGHOLD — BATTLE  OF  TABLE  ROCK — DEATH  OF  STUART — KEARNEY'S 
PRISONERS. 

LANE  was  not  a  skilful  politician  and  finished  orator 
like  Thurston,  though  he  had  much  natural  ability,1 
and  had  the  latter  been  alive,  notwithstanding  his 
many  misdeeds,  Lane  could  not  so  easily  have  secured 
the  election  as  delegate  to  congress.  It  was  a  per 
sonal  rather  than  a  party  matter,2  though  a  party  spirit 
developed  rapidly  after  Lane's  nomination,  chiefly  be 
cause  a  majority  of  the  people  were  democrats/  and 

1  '  Gen.  Lane  is  a  man  of  a  high  order  of  original  genius.     He  is  not  self- 
made,  but  God-made.     He  was  educated  nowhere.     Nobody  but  a  man  of 
superior  natural  capacity,  without  education,  could  have  maintained  himself 
among  men  from  early  youth  as  he  did.'  Graver's  Pub.  Life,  MS.,  81.     We 
may  hereby  infer  the  idea  intended  to  be  conveyed,  however  ill-fitting  the 
words. 

2  Says  W.  W.  Buck:   'Before  1851  there  were  no  nominations  made.     In 
1851  they  organized  into  political  parties  as  whigs  and  democrats.     Before 
that  men  of  prominence  would  think  of  some  one,  and  go  to  him  and  find  out 
if  he  would  serve.     The  knowledge  of  the  movement  would  spread,  and  the 
foremost  candidate  get  elected,  while  others  ran   scattering.'   Enter  prints., 

TVTC!         1  O 
MS.,    13. 

3  Jesse  Applegate,  who  had  been  mentioned  as  suitable  for  the  place, 
wrote  to  the  Spectator  March  14th:  'The  people  of  the  southern  frontier,  of 
which  I  am  one,  owe  to  Gov.  Lane  a  debt  of  gratitude  too  strong  for  party 
prejudices  to  cancel,  and  too  great  for  time  to  erase. .  .Rifle  in  hand  he  gal- 

(205) 


206  INDIAN  AFFAIRS. 

their  favorites,  Thurston  and  Lane,  were  democrats, 
while  the  administration  was  whig  and  not  in  sym 
pathy  with  them. 

The  movement  for  Lane  began  in  February,  the 
earliest  intimation  of  it  appearing  in  the  Spectator  of 
March  6th,  after  which  he  was  nominated  in  a  public 
meeting  at  Lafayette.  Lane  himself  did  not  appear 
on  the  ground  until  the  last  of  April,  and  the  news 
of  Thurston 's  death  arriving  within  a  few  days,  Lane's 
name  was  immediately  put  forward  by  every  journal 
in  the  territory.  But  he  was  not,  for  all  that,  with 
out  an  opponent.  The  mission  party  nominated  W. 
H.  Willson,  who  from  a  whaling-ship  cooper  and  lay 
Methodist  had  come  to  be  called  doctor  and  been 
given  places  of  trust.  His  supporters  were  the  de 
fenders  of  that  part  of  Thurston's  policy  which  was 
generally  condemned.  There  was  nothing  of  conse 
quence  at  issue  however,  and  as  Lane  was  facile  of 
tongue4  and  clap-trap,  he  was  elected  by  a  majority 
of  1,832  with  2,917  votes  cast.5  As  soon  as  the  returns 
were  all  in,  Lane  set  out  again  for  the  mines,  where  he 
was  just  in  time  to  be  of  service  to  the  settlers  of 
Rogue  River  Valley. 

Immediately  upon  the  passage  of  an  act  by  congress, 
extinguishing  Indian  titles  west  of  the  Cascade  Moun 
tains  in  1850,  the  president  appointed  superintendent 
of  Indian  affairs,  Anson  Dart  of  Wisconsin,  who  ar 
rived  early  in  October,  accompanied  by  P.  C.  Dart, 
his  secretary.  Three  Indian  agents  were  appointed 

lantly  braved  the  floods  and  storms  of  winter  to  save  our  property,  wives,  and 
daughters  from  the  rapine  of  a  lawless  soldiery,'  which  statement,  howsoever 
it  pictures  public  sentiment,  smacks  somewhat  of  the  usual  electioneering 
exaggeration. 

* '  He  had  a  particularly  happy  faculty  for  what  we  would  call  domestic 
electioneering.  He  did  not  make  speeches,  but  would  go  around  and  talk  with 
families.  They  used  to  tell  this  story  about  him,  and  I  think  it  is  true,  that 
what  he  got  at  one  place,  in  the  way  of  seeds  or  choice  articles,  he  distributed 
at  the  next  place.  He  brought  these,  with  candies,  and  always  kissed  the 
children.'  Strong's  Hint.  Or.,  MS.,  41. 

5  Lane's  Autobiography,  MS.,  62;  Or.  Spectator,  July  4,  1851;  Amer.  Al 
manac,  1852,  223;  Tribune  Almanac,  1852,  51;  Overland  Monthly,  i.  37. 


SUPERINTENDENT  AND  AGENTS.  207 

at  the  same  time,  namely :  A.  Gr.  Henry  of  Illinois,6 
H.  H.  Spalding,  and  Elias  Wampole.  Dart's  instruc 
tions  from  the  commissioner,  under  date  of  July  20, 
1850,  were  in  general,  to  govern  himself  by  the  in 
structions  furnished  to  Lane  as  ex-officio  superintend 
ent,7  to  be  modified  according  to  circumstances.  The 
number  of  agents  and  subagents  appointed  had  been 
in  accordance  with  the  recommendation  of  Lane,  and 
to  the  information  contained  in  Lane's  report  he  was 
requested  to  give  particular  attention,  as  well  as  to 
the  suppression  of  the  liquor  traffic,  and  the  enforce 
ment  of  the  penalties  provided  in  the  intercourse  act 
of  1834,  and  also  as  amended  in  1847,  making  one  or 
two  years'  imprisonment  a  punishment  for  furnishing 
Indians  with  intoxicating  drink.8  A  feature  of  the 
instructions,  showing  Thurston's  hand  in  this  matter, 
was  the  order  not  to  purchase  goods  from  the  Hud 
son's  Bay  Company  for  distribution  among  the  Indians, 
but  that  they  be  purchased  of  American  merchants, 
and  the  Indians  taught  that  it  was  from  the  American 
government  they  received  such  benefits.  It  was  also 
forbidden  in  the  instructions  that  the  company  should 
have  trading  posts  within  the  limits  of  United  States 
territory,9  the  superintendent  being  required  to  pro 
ceed  with  them  in  accordance  with  the  terms  of  the 
act  regulating  intercourse  with  the  Indians. 

6Thurston,  who  was  mnch  opposed  to  appointing  men  from  the  east,  wrote 
to  Oregon:  '  Dr  Henry  of  Illinois  was  appointed  Indian  agent,  held  on  to  it 
a  while,  drew  $750  under  the  pretence  of  going  to  Oregon,  and  then  resigned, 
leaving  the  government  minus  that  sum.  Upon  his  resigning  Mr  Simeon 
Francis  was  nominated,  first  giving  assurance  that  he  would  leave  for  Oregon, 
but  instead  of  doing  so  he  is  at  home  in  Illinois.'  Or.  Spectator,  April  10,  1851. 

1 31st  Cony.,  1st  Xess.,  S.  Doc.  52,  1-7,  154-80. 

8  It  should  be  here  mentioned,  in  justice  toThurston,  that  when  the  Indian 
bill  was  under  consideration  by  the  congressional  committees,  it  was  brought  to 
his  notice  by  the  commissioner,  that  while  Lane  had  given  much  information  on 
the  number  and  condition  of  the  Indians,  the  number  of  agents  necessary,  the 
amount  of  money  necessary  for  agency  buildings,  agents,  expenses,  and  presents 
to  the  Indians,  he  had  neglected  to  state  what  tribes  should  be  bought  out, 
the  extent  of  their  territory,  what  would  be  a  fair  price  for  the  lands,  to 
what  place  they  should  be  removed,  and  whether  such  lands  were  vacant. 
Thurston  furnished  this  information  according  to  his  conception  of  right,  and 
had  the  bill  framed  for  the  extinguishment  of  titles  in  that  part  of  Oregon, 
which  was  rapidly  filling  up  with  white  settlers.  See  Letter  of  Orlando  Brown, 
Commissioner,  in  Or.  Spectator,  Oct.  31,  1850. 

9  3 1st  Cony.,  2d  Sens.,  H.  Ex.  Doc.  1,  149. 


208  INDIAN  AFFAIRS. 

As  to  the  attitude  of  government  toward  the 
Indians  there  was  the  usual  political  twaddle.  An 
important  object  to  be  aimed  at,  the  commissioner 
said,  was  the  reconciling  of  differences  between  tribes. 
Civilized  people  may  fight,  but  not  savages.  The 
Indians  should  be  urged  to  engage  in  agricultural 
pursuits,  to  raise  grain,  vegetables,  and  stock  of  all 
lands;  and  to  encourage  them,  small  premiums  might 
be  offered  for  the  greatest  quantity  of  produce,  or 
number  of  cattle  and  other  farm  animals.  With 
regard  to  missionaries  among  the  Indians,  they  were 
to  be  encouraged  without  reference  to  denomination, 
and  left  free  to  use  the  best  means  of  christianizing. 
The  sum  of  twenty  thousand  dollars  was  advanced  to 
the  superintendent,  of  which  five  thousand  was  to  be 
applied  to  the  erection  of  houses  for  the  accommoda 
tion  of  himself  and  agents,  four  thousand  for  his  own 
residence,  and  the  remainder  for  temporary  buildings 
to  be  used  by  the  agents  before  becoming  permanently 
established.  The  remainder  was  for  presents  and 
provisions. 

There  were  further  appointed  for  Oregon  three 
commissioners  to  make  treaties  with  the  Indians, 
John  P.  Gaines,  governor,  Alonzo  A.  Skinner,  and 
Beverly  S.  Allen;  the  last  received  his  commission 
the  12th  of  August  and  arrived  in  Oregon  in  the  early 
part  of  February  1851.  The  instructions  were  gen 
eral,  the  department  being  ignorant  of  the  territory, 
except  that  it  extended  from  the  42d  to  the  49th 
parallel,  and  was  included  between  the  Cascade 
Mountains  and  the  Pacific  Ocean.  The  object  of  the 
government  it  was  said  was  to  extinguish  the  Indian 
titles,  and  remove  the  complaint  of  the  settlers  that 
they  could  acquire  no  perfect  titles  to  their  claims 
before  the  Indians  had  been  quieted.  They  \vere  ad 
vised  therefore  to  treat  first  with  the  Indians  in  the 
Willamette  Valley,  and  with  each  tribe  separately.10 

10  'The  maximum  price  given  for  Indian  lands  has  been  ten  cents  per  acre, 
but  this  has  been  for  small  quantities  of  great  value  from  their  contiguity  to 


LAND  TITLES.  209 

They  were  to  fix  upon  an  amount  of  money  to  be 
paid,  and  agree  upon  an  annuity  not  to  exceed  five 
per  cent  of  the  whole  amount.  It  was  also  advised 
that  money  be  not  employed,  but  that  articles  of  use 
should  be  substituted;  and  the  natives  be  urged  to 
accept  such  things  as  would  assist  them  in  becoming 
farmers  and  mechanics,  and  to  secure  medical  aid 
and  education.  If  any  money  remained  after  so  pro 
viding  it  might  be  expended  for  goods  to  be  delivered 
annually  in  the  Indian  country.  The  sum  of  twenty 
thousand  dollars  was  to  be  applied  to  these  objects; 
fifteen  thousand  to  be  placed  at  the  disposal  of  Gov 
ernor  Gaines,  at  the  sub-treasury,  San  Francisco,  and 
to  be  accounted  for  by  vouchers;  and  five  thousand 
to  be  invested  in  goods  and  sent  round  Cape  Horn 
for  distribution  among  the  Indians.  The  commis 
sioners  were  allowed  mileage  for  themselves  and 
secretary  at  the  rate  of  ten  cents  a  mile,  together 
with  salaries  of  eight  dollars  a  day  during  service  for 
each  of  the  commissioners,  and  five  dollars  for  the 
secretary.  They  were  also  to  have  as  many  interpret 
ers  and  assistants  as  they  might  deem  necessary,  at 
a  proper  compensation,  and  their  travelling  expenses 
paid.11 

Such  was  the  flattering  prospect  under  which  the 
Indian  agency  business  opened  in  Oregon.  Truly,  a 
government  must  have  faith  in  its  servants  to  place 
such  temptations  in  their  way.  Frauds  innumerable 
were  the  result;  from  five  hundred  to  five  thousand 
dollars  would  be  paid  to  the  politicians  to  secure  an 
agency,  the  returns  from  which  investment,  with 
hundreds  per  cent  profit,  must  be  made  by  systematic 
peculations  and  pilferings,  so  that  not  one  quarter  of 
the  moneys  appropriated  on  behalf  of  the  Indians 

the  States;  and  it  is  merely  mentioned  to  show  that  some  important  consider 
ation  has  always  been  involved  when  so  large  a  price  has  been  given.  It  is 
not  for  a  moment  to  be  supposed  that  any  such  consideration  can  be  involved 
in  any  purchases  to  be  made  by  you,  and  it  is  supposed  a  very  small  portion 
of  that  price  will  be  required.'  A.  S.  Loughery,  Acting  Commissioner,  in  31st 
Cong.,  2d  Sess.,  H.  Ex.  Doc.  1,  147. 

11 31st  Cong.,  2d  Sets.,  H.  Ex.  Doc.  1,  145-51;  Hayes'  Scraps,  iv.  9-10. 
HIST.  OR.,  VOL.  II.    14 


210  INDIAN  AFFAIRS. 

would  be  expended  for  their  benefit.  Perhaps  the 
public  conscience  was  soothed  by  this  show  of  justice, 
as  pretentious  as  it  was  hollow,  and  the  emptiness  of 
which  was  patent  to  every  one;  but  it  would  have 
been  in  as  good  taste,  and  far  more  manly  and  honest, 
to  have  shot  down  the  aboriginals  and  seized  their 
lands  without  these  hypocrisies  and  stealings,  as  was 
frequently  done. 

Often  the  people  were  worse  than  the  government 
or  its  agents,  so  that  there  was  little  inducement  for 
the  latter  to  be  honest.  In  the  present  instance  the 
commissioners  were  far  more  just  and  humane  than 
the  settlers  themselves.  It  is  true  they  entered  upon 
their  duties  in  April  1851  with  a  pomp  and  circum 
stance  in  no  wise  in  keeping  with  the  simple  habits 
of  the  Oregon  settlers;  with  interpreters,  clerks,  com 
missaries,  and  a  retinue  of  servants  they  established 
themselves  atChampoeg,  to  which  place  agents  brought 
the  so-called  chiefs  of  the  wretched  tribes  of  the  Wil 
lamette;  but  they  displayed  a  heart  and  a  humanity 
in  their  efforts  which  did  them  honor.  Of  the  San- 
tiam  band  of  the  Calapooyas  they  purchased  a  portion 
of  the  valley  eighty  miles  in  length  by  twenty  in 
breadth;  of  the  Tualatin  branch  of  the  same  nation 
a  tract  of  country  fifty  miles  by  thirty  in  extent, 
these  lands  being  among  the  best  in  the  valley,  and 
already  settled  upon  by  white  men.  The  number  of 
Indians  of  both  sexes  and  all  ages  making  a  claim  to 
this  extent  of  territory  was  in  the  former  instance 
one  hundred  and  fifty-five  and  in  the  latter  sixty- 
five. 

The  commissioners  were  unable  to  induce  the  Cala 
pooyas  to  remove  east  of  the  Cascade  mountains,  as 
had  been  the  intention  of  the  government,  their  refusal 
resting  upon  reluctance  to  leave  the  graves  of  their 
ancestors,  and  ignorance  of  the  means  of  procuring  a 
livelihood  in  any  country  but  their  own.  To  these 
representations  Gaines  and  his  associates  lent  a  sym 
pathizing  ear,  and  allowed  the  Indians  to  select  reser- 


TREATIES.  211 

vations  within  the  valley  of  tracts  of  land  of  a  few 
miles  in  extent  situated  upon  the  lower  slopes  of  the 
Cascade  and  Coast  ranges,  where  game,  roots,  and 
berries  could  be  procured  with  ease.12 

As  to  the  instructions  of  the  commissioner  at  Wash 
ington,  it  was  not  possible  to  carry  them  out.  Schools 
the  Indians  refused  to  have;  and  from  their  experi 
ence  of  them  and  their  effects  on  the  young  I  am 
quite  sure  the  savages  were  right.  Only  a  few  of 
the  Tualatin  band  would  consent  to  receive  farming 
utensils,  not  wishing  to  have  habits  of  labor  forced 
upon  them  with  their  annuities.  They  were  anxious 
also  to  be  paid  in  cash,  consenting  reluctantly  to  ac 
cept  a  portion  of  their  annuities  in  clothing  and  pro 
visions. 

In  May  four  other  treaties  were  concluded  with  the 
Luckiamute,  Calapooyas,  and  Molallas,  the  territory 
thus  secured  to  civilization  comprising  about  half  the 
Willamette  Valley.13  The  upper  and  lower  Molallas 
received  forty-two  thousand  dollars,  payable  in  twenty 
annual  instalments,  about  one  third  to  be  in  cash  and 
the  remainder  in  goods,  with  a  present  on  the  ratifica 
tion  of  the  treaties  of  a  few  rifles  and  horses  for  the 
head  men.  Like  the  Calapooyas  they  steadily  refused 
to  devote  any  portion  of  their  annuities  to  educational 
purposes,  the  general  sentiment  of  these  western  Ind 
ians  being  that  they  had  but  a  little  time  to  live,  and 
it  was  useless  to  trouble  themselves  about  education, 
a  sentiment  not  wholly  Indian,  since  it  kept  Europe 
in  darkness  for  a  thousand  years.14 

12  No  mention  is  made  of  the  price  paid  for  these  lands,  nor  have  I  seen 
these  treaties  in  print. 

13  This  is  the  report  of  the  commissioners,  though  the  description  of  the 
lands  purchased  is  different  in  the  Spectator  of  May  15,  1851,  where  it  is  said 
that  the  purchase  included  all  the  east  side  of  the  valley  to  the  head-waters 
of  the  Willamette. 

14  The  native  eloquence,  touched  and  made  pathetic  by  the  despondency  of 
the  natives,  being  quoted  in  public  by  the  commissioners,  subjected  them  to 
the  ridicule  of  the  anti-administration  journal,  as  for  instance:  fcln  this  city 
Judge  Skinner  spent  days,  and  for  aught  we  know,  weeks,  in  interpreting 
Slacum's  jargon  speeches,  while  Gaines,  swelling  with  consequence,  pronounced 
them  more  eloquent  than  the  orations  of  Demosthenes  or  Cicero,  and  peddled 


212  INDIAN  AFFAIRS. 

In  order  to  give  the  Indians  the  reservations  they 
desired  it  was  necessary  to  include  some  tracts  claimed 
by  settlers,  which  would  either  have  to  be  vacated, 
the  government  paying  for  their  improvements,  or  the 
settlers  compelled  to  live  among  the  Indians,  an  alter 
native  not  likely  to  commend  itself  to  either  the  set 
tlers  or  the  government. 

A  careful  summing-up  of  the  report  of  the  commis 
sioners  showed  that  they  had  simply  agreed  to  pay 
annuities  to  the  Indians  for  twenty  years,  to  make 
them  presents,  and  to  build  them  nouses,  while  the 
Indians  still  occupied  lands  of  their  own  choosing  in 
portions  of  the  valley  already  being  settled  by  white 
people,  and  that  they  refused  to  accept  teachers,  either 
religious  or  secular,  or  to  cultivate  the  ground.  By 
these  terms  all  the  hopeful  themes  of  the  commissioner 
at  Washington  fell  to  the  ground.  And  yet  the  gov 
ernment  was  begged  to  ratify  the  treaties,  because 
failure  to  do  so  would  add  to  the  distrust  already  felt 
by  the  Indians  from  their  frequent  disappointments, 
and  make  any  further  negotiations  difficult.15 

About  the  time  the  last  of  the  six  treaties  was 
concluded  information  was  received  that  congress,  by 
act  of  the  27th  of  February,  had  abolished  all  special 
Indian  commissions,  and  transferred  to  the  superin 
tendent  the  power  to  make  treaties.  All  but  three 
hundred  dollars  of  the  twenty  thousand  appropriated 
under  the  advice  of  Thurston  for  this  branch  of  the 
service  had  been  expended  by  Gaines  in  five  weeks  of 
absurd  magnificence  at  Champoeg,  the  paltry  remain 
der  being  handed  over  to  Superintendent  Dart,  who 
received  no  pay  for  the  extra  service  with  which  to 
defray  the  expense  of  making  further  treaties.  Thus 
ended  the  first  essay  of  congress  to  settle  the  question 
of  title  to  Indian  lands. 


them  about  the  town. .  .This  ridiculous  farce  made  the  actors  the  laughing 
stock  of  the  boys,  and  even  of  the  Indians. '  Or.  Statesman,  Nov.  6,  1852. 

u  Report  of  Commissioners,  in  32d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  2,  pt. 
iii.  471. 


ANSON  DAET.  213 

Dart  did  not  find  his  office  a  sinecure.    The  area  of 

the  country  over  which  his  superintendency  extended 

was  so  great  that,  even  with  the  aid  of  more  agents, 

little  could  be  accomplished  in  a  season,  six  months  of 

the  year  only  admitting  of  travel  in  the  unsettled  por- 

lons  of  the  territory.     To  add  to  his  embarrassment, 

the  three  agents  appointed  had  left  him  almost  alone 

to  perform  the  duty  which  should  have  been  divided 

among  several  assistants,16  the  pay  offered  to  agents 

being  so  small  as  to  be  despised  by  men  of  character 

and  ability  who  had  their  living  to  earn 

About  the  1st  of  June  1851  Dart  set  out  to  visit 
the  Indians  east  of  the  Cascade  Mountains,  who  since 
the  close  of  the  Cayuse  war  had  maintained  a  friendly 
attitude,  but  who  hearing  that  it  was  the  design  to 
send  the  western  Indians  among  them  were  becominc, 
uneasy.     Their  opposition  to  having  the  sickly  and 
degraded  Willamette  natives  in  their  midst  was  equal 
to  that  of  the  white  people.    Neither  were  they  will 
ing  to  come  to  any  arrangement  by  which  they' would 
be  compelled  to  quit  the  country  which  each  tribe  for 
f  called  its  own.    Dart  promised  them  just  treat 
ment,  and  that  they  should  receive  pay  for  their  lands 
Having  selected  a  site  for  an  agency"  building  on  the 
Uinatffia  he  proceeded  to  Waiilatpu  and  Lapwai,  as 
instructed,  to  determine  the  losses  sustained  by  the 
Presbyterians,  according  to  the  instructions  of  gov 
ernment.17 

of  Astoria,  had  been  appointed  subagent,  but  decline  I    then  Sill  J       f  i 


214  INDIAN  AFFAIRS. 

The  Cayuses  expressed  satisfaction  that  the  United 
States  cherished  no  hatred  toward  them  for  their  past 
misdeeds,  and  received  assurances  of  fair  treatment 
in  the  future,  sealed  with  a  feast  upon  a  fat  ox.  At 
Lapwai  the  same  promises  were  given  and  ceremonies 
observed.  The  only  thing  worthy  of  remark  that  I 
find  in  the  report  of  Dart's  visit  to  eastern  Oregon 
is  the  fact  mentioned  that  the  Cayuses  had  dwindled 
from  their  former  greatness  to  be  the  most  insignifi 
cant  tribe  in  the  upper  country,  there  being  left  but 
one  hundred  and  twenty-six,  of  whom  thirty-eight 
only  were  men;  and  the  great  expense  attending  his 
visit,18  the  results  of  which  were  not  what  the  govern 
ment  expected,  if  indeed  any  body  knew  what  was 
expected.  The  government  was  hardly  prepared  to 
purchase  the  whole  Oregon  territory,  even  at  the 
minimum  price  of  three  cents  an  acre,  and  it  was 
dangerous  policy  holding  out  the  promise  of  some 
thing  not  likely  to  be  performed. 

As  to  the  Presbyterian  mission  claims,  if  the  board 
had  been  paid  what  it  cost  to  have  its  property  ap 
praised,  it  would  have  been  all  it  was  entitled  to,  and 
particularly  since  each  station  could  hold  a  section  of 
land  under  the  organic  act.  And  as  to  the  claims  of  pri 
vate  individuals  for  property  destroyed  by  the  Cayuses, 
these  Indians  not  being  in  receipt  of  annuities  out  of 
which  the  claims  could  be  taken,  there  was  no  way  in 
which  they  could  be  collected.  Neither  was  the 
agency  erected  of  any  benefit  to  the  Indians,  because 
the  agent,  Wampole,  soon  violated  the  law,  was  re 
moved,  and  the  agency  closed. 

18  There  were  1 1  persons  in  Dart's  party — himself  and  secretary,  2  inter 
preters,  drawing  together  $11  a  day;  2  carpenters,  $12;  3  packers,  $15;  2 
cooks,  $6.  The  secretary  received  $5  a  day,  making  the  wages  of  the  party 
$r>0  daily  at  the  start,  in  addition  to  the  superintendent's  salary.  Transpor 
tation  to  The  Dalles  cost  $400.  At  The  Dalles  another  man  with  20  horses 
was  hired  at  $15  a  day,  and  2  wagons  with  oxen  at  $12;  the  passage  from 
Portland  to  Umatilla  costing  $1,500  besides  subsistence.  And  this  was  only 
the  beginning  of  expenses.  The  lumber  for  the  agency  building  at  Umatilla 
had  to  be  carried  forty  miles  at  an  enormous  cost;  the  beef  which  feasted  the 
Cayuses  cost  $80,  and  other  things  in  proportion.  32d  Cong.,  1st  Sess.,  H.  Ex. 
Doc.  2,  pt.  iii. 


A  RIGHTEOUS  JUDGE.  215 

Concerning  that  part  of  his  instructions  to  encour 
age  missionaries  as  teachers  among  the  Indians,  Dart 
had  little  to  say;  for  which  reason,  or  in  revenge  for 
his  dismissal,  Spalding  represented  that  no  American 
teachers,  but  only  Catholics  and  foreigners  were  given 
permission  to  enter  the  Indian  country.19  But  as  his 
name  was  appended  to  all  the  treaties  made  while  he 
was  agent,  with  one  exception,  he  must  have  been  as 
guilty  as  any  of  excluding  American  teachers.  The 
truth  was  that  Dart  promised  the  Indians  of  eastern 
Oregon  that  they  should  not  be  disturbed  in  their 
religious  practices,  but  have  such  teachers  as  they  pre 
ferred.20  This  to  the  sectarian  Protestant  mind  was 
simply  atrocious,  though  it  seemed  only  politic  and 
just  to  the  unbiassed  understanding  of  the  superin 
tendent. 

With  regard  to  that  part  of  his  instructions  relating 
to  suppressing  the  establishments  of  the  Hudson's 
Bay  Company  in  Oregon,  he  informed  the  commis 
sioner  that  he  found  the  company  to  have  rights  which 
prompted  him  to  call  the  attention  of  the  government 
to  the  subject  before  he  attempted  to  interfere  with 
them,  and  suggested  the  propriety  of  purchasing  those 
rights  instead  of  proceeding  against  British  traders 
as  criminals,  the  only  accusation  that  could  be  brought 
against  them  being  that  they  sold  better  goods  to  the 
Indians  for  less  money  than  American  traders. 

And  concerning  the  intercourse  act  prohibiting  the 
sale  of  intoxicating  liquors  to  the  natives,  Dart  re 
marked  that  although  a  good  deal  of  liquor  was  con- 

19  This  charge  being  deemed  inimical  to  the  administration,  the  President 
denied  it  in  a  letter  to  the  Philadelphia  Daily  Sun,  April  1852.     The^  matter 
is  referred  to  in  the  Or.  Statesman,  June  15th  and  July  3,  1852.     See  also 
Home  Missionary,  vol.  Ixxxiv.  276. 

20  In  1852  a  Catholic  priest,  E.  C.  Chirouse,  settled  on  a  piece  of  land  at 
Walla  Walla,  making  a  claim  under  the  act  of  congress  establishing  the  terri 
torial  government  of  Washington.     He  failed  to  make  his  final  proof  according 
to  law,  and  the  notification  of  his  intentions  was  not  filed  till  I860,  when 
Archbishop  Blanchet  made  a  notification;  but  it  appeared  that  whatever  title 
there  was,  was  in  Chirouse.     He  relinquished  it  to  the  U.  S.  in  18G2,  but  it  was 
then  too  late  for  the  Catholic  church  to  set  up  a  claim,  and  the  archbishop's 
notification  was  not  allowed.  Portland  Oregonian,  March  16,  1872. 


216  INDIAN  AFFAIRS. 

sumed  in  Oregon,  in  some  localities  the  Indians  used 
less  in  proportion  than  any  others  in  the  United 
States,  and  referred  to  the  difficulty  of  obtaining 
evidence  against  liquor  sellers  on  account  of  the  law 
of  Oregon  excluding  colored  witnesses.  He  also  gave 
it  as  his  opinion  that  except  the  Shoshones  and  Rogue 
River  Indians  the  aborigines  of  Oregon  were  more 
peaceable  than  any  of  the  uncivilized  tribes,  but  that 
to  keep  in  check  these  savages  troops  were  indispen 
sable,  recommending  that  a  company  be  stationed  in 
the  Shoshone  country  to  protect  the  next  year's  im 
migration.21  Altogether  Dart  seems  to  have  been  a 
fair  and  reasonable  man/ who  discharged  his  duty  under 
unfavorable  circumstances  with  promptness  and  good 
sense. 

21  Eighteen  thousand  dollars  worth  of  property  was  stolen  by  the  Shoshonea 
in  1851;  many  white  men  were  killed,  and  more  wounded.  Hutchison  Clark, 
of  Illinois,  was  driving,  in  advance  of  his  company,  with  his  mothe*-,  sister, 
and  a  young  brother  in  the  family  carriage  near  Raft  River  40  miles  west  of 
Fort  Hall,  when  the  party  was  attacked,  his  mother  and  brother  killed,  and 
Miss  Grace  Clark,  after  being  outraged  and  shot  through  the  body  and  wrist, 
was  thrown  over  a  precipice  to  die.  She  alighted  on  a  bank  of  sand  which 
broke  the  force  of  the  fall.  The  savages  then  rolled  stones  over  after  her, 
some  of  which  struck  and  wounded  her,  notwithstanding  all  of  which  she 
survived  and  reached  Oregon  alive.  She  was  married  afterward  to  a  Mr 
Vandervert,  and  settled  on  the  coast  branch  of  the  Willamette.  She  died 
Feb.  20,  1875.  When  the  train  came  up  and  discovered  the  bloody  deed  and 
that  the  Indians  had  driven  off  over  twenty  valuable  horses,  a  company  was 
formed,  led  by  Charles  Clark,  to  follow  and  chastise  them.  These  were  driven 
back,  however,  with  a  loss  of  one  killed  and  one  wounded.  A  brother  of  this 
Clark  family  named  Thomas  had  emigrated  in  1848,  and  was  awaiting  the 
arrival  of  his  friends  when  the  outrages  occurred.  Or.  Statesman,  Sept.  23, 
1851.  The  same  band  killed  Mr  Miller,  from  Virginia,  and  seriously  wounded 
his  daughter.  They  killed  Jackson,  a  brother-in-law  of  Miller,  at  the  same 
time,  and  attacked  a  train  of  twenty  wagons,  led  by  Harpool,  being  repulsed 
with  some  loss.  Other  parties  were  attacked  at  different  points,  and  many 
persons  wounded.  Or.  Spectator,  Sept.  2,  1851;  Barnes'  Or.  and  CaL,  MS., 
26.  Raymond,  superintendent  at  Fort  Hall,  said  that  31  emigrants  had  been 
shot  by  the  Shoshones  and  their  allies  the  Bannacks.  Or.  Statesman,  Dec.  9, 
1851;  S.  F.  Alta,  Sept.  28,  1851.  The  residents  of  the  country  were  at  a  loss 
to  account  for  these  outrages,  so  bold  on  the  part  of  the  savages,  and  so 
injurious  to  the  white  people.  It  was  said  that  the  decline  of  the  fur- trade 
compelled  the  Indians  to  robbery,  and  that  they  willingly  availed  themselves 
of  an  opportunity  not  only  to  make  good  their  losses,  but  to  be  avenged  for 
any  wrongs,  real  or  imaginary,  which  they  had  ever  suffered  at  the  hands  of 
white  men.  A  more  obvious  reason  might  be  found  in  the  withdrawal  of  the 
influence  wielded  over  them  by  the  Hudson's  Bay  Company,  who  being  now 
under  United  States  and  Oregon  law  was  forbidden  to  furnish  ammunition, 
and  was  no  longer  esteemed  among  the  Indians  who  had  nothing  to  gain  by 
obedience.  Some  of  the  emigrants  professed  to  believe  the  Indian  hostili 
ties  directly  due  to  Mormon  influence.  David  Newsome  of  the  immigration 


MORE  PROMISES.  217 

On  returning  from  eastern  Oregon,  Dart  visited 
the  mouth  of.  the  Columbia  in  company  with  two  of 
his  agents,  and  made  treaties  with  the  Indians  on 
both  sides  of  the  river,  the  tract  purchased  extending 
from  the  Chehalis  River  on  the  north  to  the  Yaqui- 
na  Bay  on  the  south;  and  from  the  ocean  on  the 
west,  to  above  the  mouth  of  the  Cowlitz  River.  For 
this  territory  the  sum  of  ninety-one  thousand  three 
hundred  dollars  was  promised,  to  be  paid  in  ten  yearly 
instalments,  in  clothing,  provisions,  and  other  neces 
sary  articles.  Reservations  were  made  on  Clatsop 
Point,  and  Woody  and  Cathlamet  islands;  and  one 
was  made  at  Shoalwater  Bay,  conditioned  upon  the 
majority  of  the  Indians  removing  to  that  place  within 
one  year,  in  which  case  they  would  be  provided  with 
a  manual  labor  school,  a  lumber  and  flouring  mill,  and 
a  farmer  and  blacksmith  to  instruct  them  in  agricul 
ture  and  the  smith's  art. 

Other  treaties  were  made  during  the  summer  and 
autumn.  TheClackamas  tribe,  numbering  eighty-eight 
persons,  nineteen  of  whom  were  men,  was  promised 
an  annuity  of  two  thousand  five  hundred  dollars  for 
a  period  of  ten  years,  five  hundred  in  money,  and  the 
remainder  in  food  and  clothing.22  The  natives  of  the 
south-western  coast  also  agreed  to  cede  a  territory 
extending  from  the  Coquille  River  to  the  southern 
boundary  of  Oregon,  and  from  the  Pacific  Ocean 

of  1851  says:  'Every  murder,  theft,  and  raid  upon  us  from  Fort  Laramie  to 
Grande  Rondo  we  could  trace  to  Mormon  influences  and  plans.  I  recorded 
very  many  instances  of  thefts,  robberies,  and  murders  on  the  journey  in  my 
journal.'  Portland  West  Shore,  Feb.  1876.  I  find  no  ground  whatever  for  this 
assertion.  But  whatever  the  cause,  they  were  an  alarming  feature  of  the  time, 
and  called  for  government  interference.  Hence  a  petition  to  congress  in  the 
memorial  of  the  legislature  for  troops  to  be  stationed  at  the  several  posts 
selected  in  1849  or  at  other  points  upon  the  road;  and  of  a  demand  of  Lane's, 
that  the  rifle  regiment  should  be  returned  to  Oregon  to  keep  the  Indians  in 
check.  32d  Cong.,  1st  Ses*.,  Cong.  Globe,  1851-2,  i.  507.  When  Superintend 
ent  Dart  was  in  the  Nez  Perce"  country  that  tribe  complained  of  the  depreda 
tions  of  the  Shoshones,  and  wished  to  go  to  war.  Dart,  however,  exacted  a 
promise  to  wait  a  year,  and  if  then  the  IJnited  States  had  not  redressed  their 
wrongs,  they  should  be  left  at  liberty  to  go  against  their  enemies.  If  the  Nez 
Percys  had  been  allowed  to  punish  the  Shoshones  it  would  have  saved  the 
lives  of  many  innocent  persons  and  a  large  amount  of  government  money. 
22  Or.  Statesman,  Aug.  19,  1851;  Or.  Spectator,  Dec.  2,  1851. 


218  INDIAN  AFFAIRS. 

to  a  line  drawn  fifty  miles  east,  eighty  miles  in 
length,  covering  an  area  of  two  and  a  half  million 
acres,  most  of  which  was  mountainous  and  heavily 
timbered,  with  a  few  small  valleys  on  the  coast  and 
in  the  interior,23  for  the  sum  of  twenty-eight  thou 
sand  five  hundred  dollars,  payable  in  ten  annual  in 
stalments,  no  part  of  which  was  to  be  paid  in  money. 
Thirteen  treaties  in  all  were  concluded  with  different 
tribes,  by  the  superintendent,  for  a  quantity  of  land 
amounting  to  six  million  acres,  at  an  average  cost  of 
not  over  three  cents  an  acre.24 

In  November  Dart  left  Oregon  for  Washington, 
taking  with  him  the  several  treaties  for  ratification, 
and  to  provide  for  carrying  them  out. 

The  demand  for  the  office  of  an  Indian  agent  in 
western  Oregon  began  in  18  49,  or  as  soon  as  the  Ind 
ians  learned  that  white  men  might  be  expected  to 
travel  through  their  country  with  horses,  provisions, 
and  property  of  various  kinds,  which  they  might  be  de 
sirous  to  have.  The  trade  in  horses  was  good  in  the 
mines  of  California,  and  Cayuse  stock  was  purchased 
and  driven  there  by  Oregon  traders,  who  made  a  large 
profit.25  Many  miners  also  returned  from  California 
overland,  and  in  doing  so  had  frequent  encounters  with 
Indians,  generally  at  the  crossing  of  Rogue  River.'"6 
The  ferrying  at  this  place  was  performed  in  canoes, 
made  for  the  occasion,  and  which,  when  used  and  left, 
were  stolen  by  the  Indians  to  compel  the  next  party 
to  make  another,  the  delay  affording  opportunity  for 


2d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  2,  pt.  iii.  483. 

24  After  his  return  from  his  expedition  east  of  the  Cascade  Range,  Dart 
seemed  to  have  practised  an  economy  which  was  probably  greatly  suggested 
by  the  strictures  of  the  democratic  press  upon  the  proceedings  of  the  previous 
commission.     'All  the  expense,'  he  says,  referring  to  the  Coquille  country, 
'  of  making  these  treaties,  adding  the  salaries  of  the  officers  of  government, 
while  thus  engaged,  would  make  the  cost  of  the  land  less  than  one  cent  and 
a  half  per  acre.'  32d  Co?ig.,  1st  Sess.,  II.  Ex.  Doc.  2,  pt.  iii.     And  in  the 
California  Courier  he  says  the  total  cost  of  negotiating  the  whole  thirteen 
treaties  was,  including  travelling  expenses,  about  $3,000.    Or.  Statesman, 
Report,  Dec.  9,  1861. 

25  Honolulu  Friend,  Aug.  24,  1850. 

26  Hancock's  Thirteen  Years,  MS.;  Johnson's  Cal.  and  Or.,  121-2,  133. 


LANE  AT  ROGUE  RIVER.  219 

falling  on  them  should  they  prove  unwary.  After 
several  companies  had  been  attacked  the  miners  turned 
upon  the  Indians  and  became  the  assailants.  And  to 
stop  the  stealing  of  canoes,  left  for  the  convenience  of 
those  in  the  rear,  some  miners  concealed  themselves 
and  lay  in  wait  for  the  thieves,  who  when  thev  en- 

v  *J 

tered  the  canoe  were  shot.  However  beneficial  this 
may  have  been  for  the  protection  of  the  ferry  it  did 
not  mend  matters  in  a  general  way.  If  the  Indians 
had  at  first  been  instigated  simply  by  a  desire  for 
plunder,27  they  had  now  gained  from  the  retaliation 
of  the  Americans  another  motive — revenge. 

In  the  spring  of  1850  a  party  of  miners,  who  had 
collected  a  considerable  sum  in  gold-dust  in  the  placers 
of  California  and  were  returning  home,  reached  the 
Rogue  River,  crossing  one  day,  toward  sunset,  and 
encamped  about  Rock  Point.  They  did  not  keep  a 
very  careful  watch,  and  a  sudden  attack  caused  them 
to  run  to  cover,  while  the  Indians  plundered  the  camp 
of  everything  of  value,  including  the  bags  of  gold- 
dust.  But  one  man,  who  had  his  treasure  on  his  per 
son,  escaped  being  robbed. 

It  was  to  settle  with  these  rogues  for  this  and  like 
transactions  that  Lane  set  out  in  May  or  June  1850 
to  visit  southern  Oregon,  as  before  mentioned.  The 
party  consisted  of  fifteen  white  men,  and  the  same 
number  of  Klickitats,  under  their  chief  Quatley,  the 
determined  enemy  of  the  Rogue  River  people.  Quat 
ley  was  told  what  was  expected  of  him,  which  was 
not  to  fight  unless  it  become  necesary,  but  to  assist 
in  making  a  treaty.  They  overtook  on  the  way  some 
cattle-drivers  going  to  California,  who  travelled  with 

27 Barnes'  Or.  and  Gal.,  MS.,  13.  Says  Lane,  speaking  of  the  chief  at 
Rogue  River,  over  whom  he  obtained  a  strong  influence:  'Joe  told  me  that 
the  first  time  he  shed  white  blood,  he,  with  another  Indian,  discovered  late 
in  the  afternoon  two  whites  on  horseback  passing  through  their  country.  At 
first  they  thought  these  might  be  men  intending  some  mischief  to  their  people, 
but  having  watched  them  to  their  camp  and  seen  them  build  their  fire  for  the 
night,  they  conceived  the  idea  of  murdering  them  for  the  sake  of  the  horses 
and  luggage.  This  they  did,  taking  their  scalps.  After  that  they  always 
killed  any  whites  they  could  for  the  sake  of  plunder.'  Autobiography,  MS., 


220  INDIAN  AFFAIRS. 

them,  glad  of  an  escort.  All  were  well  mounted,  with 
plenty  of  provisions  on  pack-horses,  and  well  armed. 
They  proceeded  leisurely,  and  stopped  to  hunt  and 
dry  venison  in  the  valley  of  Grave  Creek.  About 
the  middle  of  June  they  arrived  at  Rogue  River,  and 
encamped  near  the  Indian  villages,  Lane  sending 
word  to  the  principal  chief  that  he*  had  come  to  talk 
with  him  and  his  people,  and  to  make  a  treaty  of 
peace  and  friendship.  To  this  message  the  chief  re 
turned  answer  that  he  would  come  in  two  days  with 
all  his  people,  unarmed,  as  Lane  stipulated. 

Accordingly,  the  two  principal  chiefs  and  about 
seventy-five  warriors  came  and  crossed  to  the  south 
side,  where  Lane's  company  were  encamped.  A 
circle  was  formed,  Lane  and  the  chiefs  standing  inside 
the  ring.  But  before  the  conference  began  a  second 
band,  as  large  as  the  first,  and  fully  armed  with  bows 
and  arrows,  began  descending  a  neighboring  hill  upon 
the  camp.  Lane  told  Quatley  to  come  inside  the 
ring,  and  stand,  with  two  or  three  of  his  Indians, 
beside  the  head  Rogue  River  chief.  The  new-comers 
were  ordered  to  lay  down  their  arms  and  be  seated, 
and  the  business  of  the  council  proceeded,  Lane  keep 
ing  a  sharp  lookout,  and  exchanging  significant  glances 
with  Quatley  and  his  party.  The  occasion  of  the 
visit  was  then  fully  explained  to  the  people  of  Rogue 
River;  they  were  reminded  of  their  uniform  conduct 
toward  white  men,  of  their  murders  and  robberies, 
and  were  told  that  hereafter  white  people  must  travel 
through  their  country  in  safety;  that  their  laws  had 
been  extended  over  all  that  region,  and  if  obeyed 
every  one  could  live  in  peace;  and  that  if  the  Indians 
behaved  well  compensation  would  be  made  them  for 
their  lands  that  might  be  settled  upon,  and  an  agent 
sent  to  see  that  they  had  justice. 

Following  Lane's  speech,  the  Rogue  River  chief 
addressed,  in  loud,  deliberate  tones,  his  people,  when 
presently  they  all  rose  and  raised  the  war-cry,  and 
those  who  had  arms  displayed  them.  Lane  told  Quat-, 


A  HOSTILE  CONFERENCE.  221 

ley  to  hold  fast  the  head  chief,  whom  he  had  already 
seized,  and  ordering  his  men  not  to  fire,  he  sprang 
with  revolver  in  hand  into  the  line  of  the  traitors  and 
knocked  up  their  guns,  commanding  them  to  be 
seated  and  lay  down  their  arms.  As  the  chief  was  a 
prisoner,  and  Quatley  held  a  knife  at  his  throat,  they 
were  constrained  to  obey.  The  captive  chief,  who 
had  not  counted  upon  this  prompt  action,  and  whose 
brothers  had  previously  disposed  themselves  among 
their  people  to  be  ready  for  action,  finding  his  situa 
tion  critical,  told  them  to  do  as  the  white  chief  had 
said.  After  a  brief  consultation  they  rose  again, 
being  ordered  by  the  chief  to  retire  and  not  to  return 
for  two  days,  when  they  should  come  in  a  friendly 
manner  to  another  council.  The  Indians  then  took 
their  departure,  sullen  and  humiliated,  leaving  their 
chief  a  prisoner  in  the  hands  of  the  white  men,  by 
whom  he  was  secured  in  such  a  manner  that  he  could 
not  escape. 

Lane  used  the  two  days  to  impress  upon  the  mind 
of  the  savage  that  he  had  better  accept  the  offered 
friendship,  and  again  gave  him  the  promise  of  govern- 
ment^  aid  if  he  should  make  and  observe  a  treaty 
allowing  white  men  to  pass  safely  through  the  coun 
try,  to  mine  in  the  vicinity,  and  to  settle  in  the  Eogue 
River  Valley.23  By  the  time  his  people  returned,  he 
had  become  convinced  that  this  was  his  best  course, 
and  advised  them  to  accept  the  terms  offered,  and  live 
in  peace,  which  was  finally  agreed  to.  But  the  gold- 
dust  of  the  Oregon  party  they  had  robbed  in  the  spring 
was  gone  past  all  reclaim,  as  they  had,  without  know 
ing  its^  value,  poured  it  all  into  the  river,  at  a  point 
where  it  was  impossible  to  recover  it.  Some  property 
of  no  value  was  given  up;  and  thus  was  made  the  first 

28 '  The  morning  after  the  chief  had  been  made  a  prisoner  his  old  wife  (he 
had  several  others,  but  said  he  only  loved  his  first  wife)  came  very  cautiously 
to  the  bank  of  the  river  opposite,  and  asked  to  come  over  and  stay  with 
her  chief;  that  she  did  not  wish  to  be  free  while  he  was  a  prisoner.  She 
was  told  to  come  and  stay,  and  was  kindly  treated.'  Lane's  Autobiography, 


222  INDIAN  AFFAIRS. 

treaty  with  this  tribe,  a  treaty  which  was  observed 
with  passable  fidelity  for  about  a  year.29 

The  treaty  concluded,  Lane  gave  the  Indians  slips 
of  paper  stating  the  fact,  arid  warning  white  men  to 
do  them  no  injury.  These  papers,  bearing  his  signa 
ture,  became  a  talisman  among  these  Indians,  who  on 
approaching  a  white  man  would  hold  one  of  them  out 
exclaiming,  "  Jo  Lane,  Jo  Lane,"  the  only  English 
words  they  knew.  On  taking  leave  the  chief,  whose 
name  hereafter  by  consent  of  Lane  was  to  be  Jo,  pre 
sented  his  friend  with  a  boy  slave  from  the  Modoc 
tribe,  who  accompanied  him  to  the  Shasta  mines  to 
which  he  now  proceeded,  the  time  when  his  resig 
nation  was  to  take  effect  having  passed.  Here  he 
dug  gold,  and  dodged  Indian  arrows  like  any  common 
miner  until  the  spring  of  1851,  when  he  was  recalled 
to  Oregon. 


so 


The  gold  discoveries  of  1850  in  the  Klamath  Val 
ley  caused  an  exodus  of  Oregonians  thither  early  in 
the  following  year;  and  notwithstanding  Lane's  treaty 
with  Chief  Jo,  great  vigilance  was  required  to  pre 
vent  hostile  encounters  with  his  tribe  as  well  as  with 
that  of  the  Umpqua  Valley  south  of  the  canon.31  It 

29 Like  many  another  old  soldier  Lane  loved  to  boast  of  his  exploits.  'He 
asked  the  interpreter  the  name  of  the  white  chief,'  says  the  general,  'and  re 
quested  me  to  come  to  him  as  he  wanted  to  talk.  As  I  walked  up  to  him  he 
said,  "  Mika  name  Jo  Lane?"  I  said,  "  Nawitka,"  which  is  "  Yes."  He  said, 
"  I  want  you  to  give  me  your  name,  for,"  said  he,  {i  I  have  seen  no  man  like 
you. "  I  told  the  interpreter  to  say  to  him  that  I  would  give  him  half  my 
name,  but  not  all;  that  he  should  be  called  Jo.  He  was  much  pleased,  and  to 
the  day  of  his  death  he  was  known  as  Jo.  At  his  request  I  named  his  wife, 
calling  her  Sally.  They  had  a  son  and  a  daughter,  a  lad  of  fourteen,  the  girl 
being  about  sixteen.  She  was  quite  a  young  queen  in  her  manner  and  bear 
ing,  and  for  an  Indian  quite  pretty.  I  named  the  boy  Ben,  and  the  girl 
Mary.'  Lane's  Autobiography,  MS.,  9(>-8. 

30  Sacramento  Transcript,  Jan.  14,  1851.  Lane  had  his  adventures  in  the 
mines,  some  of  which  are  well  told  in  his  Autobiography.  While  on  Pit 
River,  his  Modoc  boy,  whom  he  named  John,  and  who  from  being  kindly 
treated  became  a  devoted  servant,  was  the  means  of  saving  his  life  and  that 
of  an  Oregonian  named  Driscoll.  pp.  88-108. 

81  Card  well,  in  his  Emigrant  Company,  MS.,  2-11,  gives  a  history  of  his 
personal  experience  in  travelling  through  and  residing  in  Southern  Oregon  in 
1851  with  27  others.  The  Cow-creek  Indians  followed  and  annoyed  them  for 
some  distance,  when  finally  one  of  them  was  shot  and  wounded  in  the  act  of 
taking  a  horse  from  camp.  At  Grave  creek,  in  Rogue  River  Valley,  three 


UPRISING  OF  THE  MINERS.  223 

soon  became  evident  that  Jo,  even  if  he  were  honestly 
intentioned,  could  not  keep  the  peace,  the  annoying 
and  often  threatening  demonstrations  of  his  people 
leading  to  occasional  overt  acts  on  the  part  of  the 
miners,  a  circumstance  likely  to  be  construed  by  the 
Indians  as  sufficient  provocation  to  further  and  more 
pronounced  hostility. 

Some  time  in  May  a  young  man  named  Dilley  was 
treacherously  murdered  by  two  Rogue  River  Indians, 
who,  professing  to  be  friendly,  were  travelling  and 
camping  with  three  white  men.  They  rose  in  the 
night,  took  Dilley's  gun,  the  only  one  in  the  party, 
shot  him  while  sleeping,  and  made  off  with  the  horses 
and  property,  the  other  two  men  fleeing  back  to  a 
company  in  the  rear.  On  hearing  of  it  thirty  men 
of  Shasta  formed  a  company,  headed  by  one  Long, 
marched  over  the  Siskiyou,  and  coming  upon  a  band 
at  the  crossing  of  Rogue  River,  killed  a  sub-chief  and 
one  other  Indian,  took  two  warriors  and  two  daughters 
of  another  chief  prisoners,  and  held  them  as  hostages 
for  the  delivery  of  the  murderers  of  Dilley.  The  chief 
refused  to  give  up  the  guilty  Indians,  but  threatened 
instead  to  send  a  strong  party  to  destroy  Long's  corn- 
Indians  pretending  to  be  friendly  offered  to  show  his  party  where  gold  could 
be  found  on  the  surface  of  the  ground,  telling  their  story  so  artfully  that 
cross-questioning  of  the  three  separately  did  not  show  any  contradiction  in 
their  statements,  and  the  party  consented  to  follow  these  guides.  On  a  plain, 
subsequently  known  as  Harris  flat,  the  wagons  stopped  and  1 1  men  were  left 
to  guard  them,  while  the  rest  of  the  company  kept  on  with  the  Indians.  They 
were  led  some  distance  up  Applegate  creek,  where  on  examining  the  bars  fine 
gold  was  found,  but  none  of  the  promised  nuggets.  When  the  men  began 
prospecting  the  stream  the  Indians  collected  on  the  sides  of  the  hills  above 
them,  yelling  and  rolling  stones  down  the  descent.  The  miners,  however, 
continued  to  examine  the  bars  up  the  stream,  a  part  of  them  standing  guard 
rifle  in  hand;  working  in  this  manner  two  days  and  encamping  in  open  ground 
at  night.  On  the  evening  of  the  second  day  their  tormentors  withdrew  in 
that  mysterious  manner  which  precedes  an  attack,  and  Card  well's  party  fled 
in  haste  through  the  favoring  dai'kness  relieved  by  a  late  moon,  across  the 
ridge  to  Rogue  River.  At  Perkins'  ferry,  just  established,  they  found  Chief 
Jo,  who  was  rather  ostentatiously  protecting  this  first  white  settlement. 
While  breakfasting  a  pursuing  party  of  Indians  rode  up  within  a  short  dis 
tance  of  camp  where  they  were  stopped  by  the  presented  rifles  of  the  white 
men.  Jo  called  this  a  hunting  party  and  assured  the  miners  they  should  not 
be  molested  in  passing  through  the  country;  on  which  explanation  and 
promise  word  was  sent  to  the  wagon  train,  and  the  company  proceeded  across 
the  Siskiyou  Mountains  to  Shasta  flat,  where  they  discovered  good  mines  on 
the  12th  of  March. 


224  INDIAN  AFFAIRS. 

pany,  which  remained  at  the  crossing  awaiting  events.82 
It  does  not  appear  that  Long's  party  was  attacked, 
but  several  unsuspecting  companies  suffered  in  their 
stead.  These  attacks  were  made  chiefly  at  one  place 
some  distance  south  of  the  ferry  where  Long  and  his 
men  encamped.33  The  alarm  spread  throughout  the 
southern  valleys,  and  a  petition  was  forwarded  to 
Governor  Gaines  from  the  settlers  in  the  Umpqua 
for  permission  to  raise  a  company  of  volunteers  to 
fight  the  Indians.  The  governor  decided  to  look  over 
the  field  before  granting  leave  to  the  citizens  to  fight, 
and  repaired  in  person  to  the  scene  of  the  reported 
hostilities. 

The  Spectator,  which  was  understood  to  lean  toward 
Gaines  and  the  administration,  as  opposed  to  the 
Statesman  and  democracy,  referring  to  the  petition 
remarked  that  leave  had  been  asked  to  march  into 
the  Indian  country  and  slay  the  savages  wherever 
found;  that  the  prejudice  against  Indians  was  very 
strong  in  the  mines  and  daily  increasing;  and  that  no 
doubt  this  petition  had  been  sent  to  the  governor  to 
secure  his  sanction  to  bringing  a  claim  against  the 
government  for  the  expenses  of  another  Indian  war. 

One  of  Thurston's  measures  had  been  the  removal 

82  Or.  Statesman,  June  20,  1851;  Or.  Spectator,  June  19,  1851. 

83  On  the  1st  of  June  26  men  were  attacked  at  the  same  place,  and  an 
Indian  was  killed  in  the  skirmish.     On  the  2d  four  men  were  set  upon  in  this 
camp  and  robbed  of  their  horses  and  property,  but  escaped  alive  to  Perkins' 
ferry;  and  on  the  same  day  a  pack-train  belonging  to  one  Nichols  was  robbed 
of  a  number  of  animals  with  their  packs,  one  of  the  men  being  wounded  in  the 
heel  by  a  ball.     Two  other  parties  were  attacked  on  the  same  day,  one  of 
which  lost  four  men.    On  the  3d  of  June  McBride  and  31  others  were  attacked 
in  camp  south  of  Rogue  River.    A.  Richardson,  of  San  Jose",  California,  James 
Barlow,  Captain  Turpin,  Jesse  Dodson  and  son,  Aaron  Payne,  Dillard  Hoi- 
man,  Jesse  Runnels,  Presley  Lovelady,  and  Richard  Sparks  of  Oregon  were 
in  the  company  and  were  commended  for  bravery.   Or.  Statesman,  June  20, 
1851.     There  were  but  17  guns  in  the  party,  while  the  Indians  numbered  over 
200,  having  about  the  same  number  of  guns  besides  their  bows  and  arrows, 
and  were  led  by  a  chief  known  as  Chucklehead.     The  attack  was  made  at 
daybreak,  and  the  battle  lasted  four  hours  and  a  half,  when  Chucklehead  being 
killed  the  Indians  withdrew.    It  was  believed  that  the  Rogue  River  people  lost 
several  killed  and  wounded.    None  of  the  white  men  were  seriously  hurt,  owing 
to  the  bad  firing  of  the  Indians,  not  yet  used  to  guns,  not  to  mention  their 
station  on  the  top  of  a  hill.    Three  horses,  a  mule,  and  $1,500  worth  of  other 
property  and  gold-dust  were  taken  by  the  Indians. 


REMOVAL  OF  SOLDIERS.  225 

from  the  territory  of  the  United  States  troops,  which 
after  years  of  private  and  legislative  appeal  were  at 
an  enormous  expense  finally  stationed  at  the  different 
posts  according  to  the  desire  of  the  people.  He  rep 
resented  to  congress  that  so  far  from  being  a  blessing 
they  were  really  a  curse  to  the  country,  which  would 
gladly  be  rid  of  them.  To  his  constituents  he  said 
that  the  cost  of  maintaining  the  rifle  regiment  was 
four  hundred  thousand  dollars  a  year.  He  proposed 
as  a  substitute  to  persuade  congress  to  furnish  a  good 
supply  of  arms,  ammunition,  and  military  stores  to 
Oregon,  and  authorize  the  governor  to  call  out  volun 
teers  when  needed,  both  as  a  saving  to  the  govern 
ment  and  a  means  of  profit  t6  the  territory,  a  part  of 
the  plan  being  to  expend  one  hundred  thousand  dollars 
saved  in  goods  for  the  Indians,  which  should  be  pur 
chased  only  of  American  merchants  in  Oregon. 

Thurston's  plan  had  been  carried  out  so  far  as  re 
moving  the  rifle  regiment  was  concerned,  which  in 
the  month  of  April  began  to  depart  in  divisions  for 
California,  and  thence  to  Jefferson  Barracks;34  leav 
ing  on  the  1st  of  June,  when  Major  Kearney  began 
his  march  southward  with  the  last  division,  only 
two  skeleton  companies  of  artillerymen  to  take  charge 
of  the  government  property  at  Steilacoom,  Astoria, 
Vancouver,  and  The  Dalles.  He  moved  slowly,  ex 
amining  the  country  for  military  stations,  and  the 
best  route  for  a  military  road  which  should  avoid  the 
Umpqua  canon.  On  arriving  at  Yoncalla,35  Kearney 

84  Brackets  U.  S.  Cavalry,  129;  Or.  Spectator,  April  10,  1851;  Or.  States 
man,  May  30,  1851;  32d  Cong.,  1st  Sess.,  H.  Ex.  Doc.  2,  pt.  i.  144-53. 

35  Yoncalla  is  a  compound  of  yonc,  eagle,  and  calla  or  calla-calla,  bird  or 
fowl,  in  the  Indian  dialect.  It  was  applied  as  a  name  to  a  conspicuous  butte 
in  the  Umpqua  Valley,  at  the  foot  of  which  Jesse  Applegate  made  his  home, 
a  large  and  hospitable  mansion,  now  going  to  ruin.  Applegate  agreed  to 
assist  Kearney  only  in  case  of  a  better  route  than  the  canon  road  being  dis 
covered,  his  men  should  put  it  in  condition  to  be  travelled  by  the  immigra 
tion  that  year,  to  which  Kearney  consented,  and  a  detachment  of  28  men, 
under  Lieutenant  Williamson,  accompanied  by  Levi  Scott  -as  well  as  Apple- 
gate,  began  the  reconnoissance  about  the  10th  of  June,  the  main  body  of 
Kearney's  command  travelling  the  old  road.  It  was  almost  with  satisfaction 
that  Applegate  and  Scott  found  that  no  better  route  than  the  one  they 
opened  in  1846  could  be  discovered,  since  it  removed  the  reproach  of  their 
HIST.  OR.,  VOL.  II.  16 


226  INDIAN  AFFAIRS. 

consulted  with  Jesse  Applegate,  whom  he  prevailed 
upon  to  assist  in  the  exploration  of  the  country  east 
of  the  canon,  in  which  they  were  engaged  when  the 
Indian  war  began  in  Rogue  River  Valley. 

The  exploring  party  had  proceeded  as  far  as  this 
pass  when  they  learned  from  a  settler  at  the  north 
end  of  the  canon,  one  Knott,  of  the  hostilities,  and 
that  the  Indians  were  gathered  at  Table  Rock,  an 
almost  impregnable  position  about  twenty  miles  east 
of  the  ferry  on  Rogue  River.36  On  this  information 
Kearney,  with  a  detachment  of  twenty-eight  men, 
took  up  the  march  for  the  Indian  stronghold  with  the 
design  of  dislodging  them.  A  heavy  rain  had  swollen 
the  streams  and  impeded  his  progress,  and  it  was  not 
until  the  morning  of  the  17th  of  June  that  he  reached 
Rogue  River  at  a  point  five  miles  distant  from  Table 
Rock.  While  looking  for  a  ford  indications  of  Ind 
ians  in  the  vicinity  were  discovered,  and  Kearney 
hoped  to  be  able  to  surprise  them.  He  ordered  the 
command  to  fasten  their  sabres  to  their  saddles  to 
prevent  noise,  and  divided  his  force,  a  part  under 
Captain  Walker  crossing  to  the  south  side  of  the 
river  to  intercept  any  fugitives,  while  the  remainder 
under  Captain  James  Stuart  kept  upon  the  north  side. 

Stuart  soon  came  upon  the  Indians  who  were  pre 
pared  for  battle.  Dismounting  his  men,  who  in  their 
haste  left  their  sabres  tied  to  their  saddles,  Stuart 
made  a  dash  upon  the  enemy.  They  met  him  with 
equal  courage.  A  brief  struggle  took  place  in  which 
eleven  Indians  were  killed  and  several  wounded. 
Stuart  himself  was  matched  against  a  powerful  war 
rior,  who  had  been  struck  more  than  once  without 

enemies  that  they  were  to  blame  for  not  finding  a  better  one  at  that  time. 
None  other  has  ever  been  found,  though  Applogate  himself  expected  when 
with  Kearney  to  be  able  to  get  a  road  saving  40  miles  of  travel.  Ewald,  in 
Or.  Statesman,  July  22,  1851. 

36  Table  Rock  is  a  flat-topped  mountain  overhanging  Rogue  River.  Using 
the  rock  as  a  watch-tower,  the  Indians  in  perfect  security  had  a  large  extent 
of  country  and  a  long  line  of  road  under  their  observation,  and  could  deter 
mine  the  strength  of  any  passing  company  of  travellers  and  their  place  of 
encampment,  before  sallying  forth  to  the  attack.  Or.  Statesman,  July  22, 1851. 


BATTLE  OF  ROGUE  RIVER.  227 

meeting  his  death.  As  the  captain  approached,  the 
savage,  though  prostrate,  let  fly  an  arrow  which 
pierced  him  through,  lodging  in  the  kidneys,  of  which 
wound  he  died  the  day  after  the  battle.37  Captain 
Peck  was  also  wounded  severely,  and  one  of  the 
troops  slightly. 

The  Indians,  who  were  found  to  be  in  large  num 
bers,  retreated  upon  their  stronghold,  and  Kearney 
also  fell  back  to  wait  for  the  coming- up  of  lieuten 
ants  Williamson  and  Irvine  with  a  detachment,  and 
the  volunteer  companies  hastily  gathered  among  the 
miners.38  Camp  was  made  at  the  mouth  of  a  tribu 
tary  of  Rogue  River,  entering  a  few  miles  below  Table 
Rock,  which  was  named  Stuart  creek  after  the  dying 
captain.  It  was  not  till  the  23d  that  the  Indians 
were  again  engaged.  A  skirmish  occurred  in  the 
morning,  and  a  four  hours'  battle  in  the  afternoon  of 
that  day.  The  Indians  were  stationed  in  a  densely 
wooded  hummock,  which  gave  them  the  advantage  in 
point  of  position,  while  in  the  matter  of  arms  the 

3T  Brackett,  in  his  U.  S.  Cavalry,  calls  this  officer  'the  excellent  and  be 
loved  Captain  James  Stuart.'  The  nature  of  the  wound  caused  excruciating 
pain,  but  his  great  regret  was  that  after  passing  unharmed  through  six  hard 
battles  in  Mexico  he  should  die  in  the  wilderness  at  the  hands  of  an  Indian. 
It  is  doubtful,  however,  if  death  on  a  Mexican  battle-field  would  have  brought 
with  it  a  more  lasting  renown.  Stuart  Creek  on  which  he  was  interred—  camp 
being  made  over  his  grave  to  obliterate  it — and  the  warm  place  kept  for  him 
in  the  hearts  of  Oregonians  will  perpetuate  his  memory.  CardwelVs  Emigrant 
Company,  MS.,  14;  Or.  Statesman,  July  8,  1851;  S.  F.  Alta,  July  16,  1851; 
State  Ri<jhts  Democrat,  Dec.  15th  and  22,  1876. 

38  Card  well  relates  that  his  company  were  returning  from  Josephine  creek — 
named  after  a  daughter  of  Kirby  who  founded  Kirbyville — on  their  way  to 
Yreka,  when  they  met  Applegate  at  the  ferry  on  Rogue  River,  who  suggested 
that  it  '  would  be  proper  enough  to  assist  the  government  troops  and  Lamer- 
ick's  volunteers  to  clean  out  the  Indians  in  Rogue  River  Valley .'  Thirty  men 
upon  this  suggestion  went  to  Willow  Springs  on  the  16th,  upon  the  under 
standing  that  Kearney  would  make  an  attack  next  day  near  the  mouth  of 
Stuart's  creek,  when  it  was  thought  the  Indians  would  move  in  this  direction, 
and  the  volunteers  could  engage  them  until  the  troops  came  up.  'At  day 
light  the  following  morning,'  says  Card  well,  '  we  heard  the  firing  commence. 
It  was  kept  up  quite  briskly  for  about  fifteen  minutes.  There  was  a  terrible 
yelling  and  crying  by  the  Indians,  and  howling  of  dogs  during  the  battle. ' 
Emigrant  Company,  MS.,  12;  Crane's  Top.  Mem.,  MS.,  40.  The  names  of 
Applegate,  Scott,  Boone,  T'Vault,  Armstrong,  Blanchard,  and  Colonel  Tranor 
from  California,  are  mentioned  in  Lane's  correspondence  in  the  Or.  Statesman 
July  22,  1851,  as  ready  to  assist  the  troops.  I  suppose  this  to  be  James  W. 
Tranor,  formerly  of  the  New  Orleans  press,  'an  adventurous  pioneer  and 
brilliant  newspaper  writer,'  who  was  afterward  killed  by  Indians  while  cross 
ing  Pit  River.  Oakland  Transcript,  Dec.  7,  1872. 


228  INDIAN  AFFAIRS. 

troops  were  better  furnished.  In  these  battles  the 
savages  again  suffered  severely,  and  on  the  other 
side  several  were  wounded  but  none  killed. 

While  these  events  were  in  progress  both  Gaines 
and  Lane  were  on  their  way  to  the  scene  of  action. 
The  governor's  position  was  not  an  enviable  one. 
Scarcely  were  the  riflemen  beyond  the  Willamette  when 
he  was  forced  to  write  the  president  representing  the 
imprudence  of  withdrawing  the  troops  at  this  time,  no 
provision  having  been  made  by  the  legislature  for  or 
ganizing  the  militia  of  the  territory,  or  for  meeting  in 
any  way  the  emergency  evidently  arising.39  The  re 
ply  which  in  due  time  he  received  was  that  the  rifle 
regiment  had  been  withdrawn,  first  because  its  services 
were  needed  on  the  frontier  of  Mexico  and  Texas, 
and  secondly  because  the  Oregon  delegate  had  as 
sured  the  department  that  its  presence  in  Oregon  was 
not  needed.  In  answer  to  the  governor's  suggestion 
that  a  post  should  be  established  in  southern  Oregon, 
the  secretary  gave  it  as  his  opinion  that  the  com 
manding  officer  in  California  should  order  a  recon- 
noissance  in  that  part  of  the  country,  with  a  view  to 
selecting  a  proper  site  for  such  a  post  without  loss  of 
time.  But  with  regard  to  troops,  there  were  none 
that  could  be  sent  to  Oregon;  nor  could  they,  if  put 
en  route  at  that  time,  it  being  already  September, 
reach  there  in  time  to  meet  the  emergency.  The 
secretary  therefore  suggested  that  companies  of  militia 
might  be  organized,  which  could  be  mustered  into  ser 
vice  for  short  periods,  and  used  in  conjunction  with 
the  regular  troops  in  the  pursuit  of  Indians,  or  as  the 
exigencies  of  the  service  demanded. 

Meanwhile  Gaines,  deprived  entirely  of  military  sup 
port,  endeavored  to  raise  a  volunteer  company  at  Yon- 
calla  to  escort  him  over  the  dangerous  portion  of  the 
route  to  Rogue  River;  but  most  of  the  men  of  Ump- 
qua,  having  either  gone  to  the  mines  or  to  reenforce 

39  32d  Cong.,  1st  Sess.,  If.  Ex.  Doc.  2,  pt.  i.  145;  Or.  Spectator,  Aug.  12, 
1851. 


ACTION  OF  THE  GOVERNOR.  229 

Kearney,  this  was  a  difficult  undertaking,  detaining  him 
so  that  it  was  the  last  of  the  month  before  he  reached 
his  destination.  Lane  having  already  started  south 
to  look  after  his  mining  property  before  quitting  Ore 
gon  for  Washington  arrived  at  the  Umpqua  canon 
on  the  21st,  where  he  was  met  by  a  party  going  north, 
from  whom  he  obtained  the  news  of  the  battle  of  the 
17th  and  the  results,  with  the  information  that  more 
fighting  was  expected.  Hastening  forward  with  his 
party  of  about  forty  men  he  arrived  at  the  foot  of  the 
Rogue  River  mountains  on  the  night  of  the  22d, 
where  he  learned  from  an  express  rider  that  Kearney 
had  by  that  time  left  camp  on  Stuart  creek  with  the 
intention  of  making  a  night  march  in  order  to  strike 
the  Indians  at  daybreak  of  the  23d. 

He  set  out  to  join  Kearney,  but  after  a  hard  day's 
ride,  being  unsuccessful,  proceeded  next  morning  to 
Camp  Stuart  with  the  hope  of  learning  something  of 
the  movements  of  Kearney's  command.  That  evening 
Scott  and  T'Vault  came  to  camp  with  a  small  party, 
for  supplies,  and  Lane  returned  with  them  to  the 
army,  riding  from  nine  o'clock  in  the  evening  to  two 
o'clock  in  the  morning,  and  being  heartily  welcomed 
both  by  Kearney  and  the  volunteers. 

Early  on  the  25th,  the  command  moved  back  down 
the  river  to  overtake  the  Indians,  who  had  escaped 
during  the  night,  and  crossing  the  river  seven  miles 
above  the  ferry  found  the  trail  leading  up  Sardine 
creek,  which  being  followed  brought  them  up  with  the 
fugitives,  one  of  whom  was  killed,  while  the  others 
scattered  through  the  woods  like  a  covey  of  quail  in 
the  grass.  Two  days  were  spent  in  pursuing  and 
taking  prisoners  the  women  and  children,  the  men 
escaping.  On  the  27th  the  army  scoured  the  country 
from  the  ferry  to  Table  Rock,  returning  in  the  even 
ing  to  Camp  Stuart,  when  the  campaign  was  consid 
ered  as  closed.  Fifty  Indians  had  been  killed  and 
thirty  prisoners  taken,  while  the  loss  to  the  white 
warriors,  since  the  first  battle,  was  a  few  wounded. 


230  INDIAN  AFFAIRS. 

The  Indians  had  at  the  first  been  proudly  defiant, 
Chief  Jo  boasting  that  he  had  a  thousand  warriors, 
and  could  keep  that  number  of  arrows  in  the  air  con 
tinually.  But  their  pride  had  suffered  a  fall  which 
left  them  apparently  humbled.  They  complained  to 
Lane,  whom  they  recognized,  talking  across  the  river 
in  stentorian  tones,  that  white  men  had  come  on 
horses  in  great  numbers,  invading  every  portion  of 
their  country.  They  were  afraid,  they  said,  to  lie 
down  to  sleep  lest  the  strangers  should  be  upon  them. 
They  wearied  of  war  and  wanted  peace.40  There  was 
truth  as  well  as  oratorical  effect  in  their  harangues, 
for  just  at  this  time  their  sleep  was  indeed  insecure; 
but  it  was  not  taken  into  account  by  them  that  they 
had  given  white  men  this  feeling  of  insecurity  of 
which  they  complained. 

Now  that  the  fighting  was  over  Kearney  was 
anxious  to  resume  his  march  toward  California,  but 
was  embarrassed  with  the  charge  of  prisoners.  The 
governor  had  not  yet  arrived;  the  superintendent  of 
Indian  affairs  was  a  great  distance  off  in  another  part 
of  the  territory;  there  was  no  place  where  they  could 
be  confined  in  Rogue  River  valley,  nor  did  he  know 
of  any  means  of  sending  them  to  Oregon  City.  But 
he  was  determined  not  to  release  them  until  they  had 
consented  to  a  treaty  of  peace.  Sooner  than  do  that 
he  would  take  them  with  him  to  California  and  send 
them  back  to  Oregon  by  sea.  Indeed  he  had  pro 
ceeded  with  them  to  within  twenty -five  miles  of  Shasta 
Butte,  a  mining  town  afterward  named  Yreka,41  when 
Lane,  who  when  his  services  were  no  longer  needed 
in  the  field  had  continued  his  journey  to  Shasta 
Valley,  again  came  to  his  relief  by  offering  to  escort 
the  prisoners  to  Oregon  City  whither  he  was  about 
to  return,  or  to  deliver  them  to  the  governor  or  super- 

40  Letter  of  Lane,  in  Or.  Statesman,  July  22,  1851. > 

41  It  is  said  that  the  Indians  called  Mount  Shasta  Yee-ka,  and  that  the 
miners  having  caught  something  of  Spanish  orthography  and  pronunciation 
changed  it  to  Yreka;  hence  Shasta  Butte  city  became  Yreka.  E.  Steele,  ill 
Or.  Council,  Jour.  1857-8,  app.  44. 


THE  GAINES  TREATY.  231 

intendent  of  Indian  affairs  wherever  he  might  find 
them.  Lieutenant  Irvine,42  from  whom  Lane  learned 
Kearney's  predicament,  carried  Lane's  proposition 
to  the  major,  and  the  prisoners  were  at  once  sent  to 
his  care,  escorted  by  Captain  Walker.  Lane's  party*3 
set  out  immediately  for  the  north,  and  on  the  7th  of 
July  delivered  their  charge  to  Governor  Gaines,  who 
had  arrived  at  the  ferry,  where  he  was  encamped 
with  fifteen  men  waiting  for  his  interpreters  to  bring 
the  Rogue  River  chiefs  to  a  council,  his  success  in 
which  undertaking  was  greatly  due  to  his  possession 
of  their  families.  Lane  then  hastened  to  Oregon  City 
to  embark  for  the  national  capital,  having  added  much 
to  his  reputation  with  the  people  by  his  readiness  of 
action  in  this  first  Indian  war  west  of  the  Cascade 
Mountains,  as  well  as  in  the  prompt  arrest  of  the 
deserting  riflemen  in  the  spring  of  1850.  To  do,  to 
do  quickly,  and  generally  to  do  the  thing  pleasing  to 
the  people,  of  whom  he  always  seemed  to  be  thinking, 
was  natural  and  easy  for  him,  and  in  this  lay  the  secret 
of  his  popularity. 

When  Gaines  arrived  at  Rogue  River  he  found 
Kearney  had  gone,  not  a  trooper  in  the  country,  and 
the  Indians  scattered.  He  made  an  attempt  to  col 
lect  them  for  a  council,  and  succeeded,  as  I  have  inti 
mated,  by  means  of  the  prisoners  Lane  brought  him, 
in  inducing  about  one  hundred,  among  whom  were 
eleven  head  men,  to  agree  to  a  peace.  By  the  terms 
of  the  treaty,  which  was  altogether  informal,  his  com 
mission  having  been  withdrawn,  the  Indians  placed 

42  Irvine,  who  was  with  Williamson  on  a  topographical  expedition,  had  an 
adventure  before  he  was  well  out  of  the  Shasta  country  with  two  Indians  and 
a  Frenchman  who  took  him  prisoner,  bound  him  to  a  tree,  and  inflicted  some 
tortures  upon  him.     The  Frenchman  who  was  using  the  Indians  for  his  own 
purposes  finally  sent  them  away  on  some  pretence,  and  taking  the  watch  and 
valuables  belonging  to  Irvine  sat  down  by  the  camp-fire  to  count  his  spoil. 
While  thus  engaged  the  lieutenant  succeeded  in  freeing  himself  from  his 
bonds,  and  rushing  upon  the  fellow  struck  him  senseless  for  a  moment.     On 
recovering  himself  the  Frenchman   struggled   desperately  with  his  former 
prisoner  but  was  finally  killed  and  Irvine  escaped.  Or.  Statesman,  Aug.  5, 
1851. 

43  Among  Lane's  company  were  Daniel  Waldo,  Hunter,  and  Rust  of  Ken 
tucky,  and  Simonson  of  Indiana. 


232  INDIAN  AFFAIRS. 

themselves  under  the  jurisdiction  and  protection  of 
the  United  States,  and  agreed  to  restore  all  the  prop 
erty  stolen  at  any  time  from  white  persons,  in  return 
for  which  promises  of  good  behavior  they  received 
back  their  wives  and  children  and  any  property  taken 
from  them.  There  was  nothing  in  the  treaty  to  pre 
vent  the  Indians,  as  soon  as  they  were  reunited  to 
their  families,  from  resuming  their  hostilities;  and 
indeed  it  was  well  known  that  there  were  two  parties 
amongst  them — one  in  favor  of  war  and  the  other 
opposed  to  it,  but  the  majority  for  it.  Though  so 
severely  punished,  the  head  chief  of  the  war  party  re 
fused  to  treat  with  Kearney,  and  challenged  him  to 
further  combat,  after  the  battle  of  the  23d.  It  was 
quite  natural  therefore  that  the  governor  should 
qualify  his  belief  that  they  would  observe  the  treaty, 
provided  an  efficient  agent  and  a  small  military  force 
could  be  sent  among  them.  And  it  was  no  less  nat 
ural  that  the  miners  and  settlers  should  doubt  the 
keeping  of  the  compact,  and  believe  in  a  peace  pro 
cured  by  the  rifle. 


CHAPTER  VIII. 

PLAUSIBLE   PACIFICATION. 
1851-1852. 

OFFICERS  AND  INDIAN  AGENTS  AT  PORT  ORFORD — ATTITUDE  OF  THE  Co- 
QUILLES — U.  S.  TROOPS  ORDERED  OUT — SOLDIERS  AS  INDIAN-FIGHTERS — 
THE  SAVAGES  TOO  MUCH  FOR  THEM— SOMETHING  OF  SCARFACE  AND 
THE  SHASTAS— STEELE  SECURES  A  CONFERENCE — ACTION  OF  SUPERIN 
TENDENT  SKINNER — MUCH  ADO  ABOUT  NOTHING — SOME  FIGHTING — AN 
INSECURE  PEACE — MORE  TROOPS  ORDERED  TO  VANCOUVER. 

GENERAL  HITCHCOCK,  commanding  the  Pacific  di 
vision  at  Benicia,  California,  on  hearing  Kearny's  ac 
count  of  affairs  between  the  Indians  and  the  miners, 
made  a  visit  to  Oregon;  and  having  been  persuaded 
that  Port  Orford  was  the  proper  point  for  a  garrison, 
transferred  Lieutenant  Kautz  and  his  company  of 
twenty  men  from  Astoria,  where  the  governor  had 
declared  they  were  of  no  use,  to  Port  Orford,  where 
he  afterward  complained  they  were  worth  no  more. 
At  the  same  time  the  superintendent  of  Indian  affairs, 
with  agents  Parrish  and  Spalding,  repaired  to  the 
southern  coast  to  treat  if  possible  with  its  people. 
They  took  passage  on  the  propeller  Seagull,  from 
Portland,  on  the  12th  of  September,  1851,  T'Vault's 
party  being  at  that  time  in  the  mountains  looking  for 
a  road.  The  Seagull  arrived  at  Port  Orford  on  the 
14th,  two  days  before  T'Vault  and  Brush  were  re 
turned  to  that  place,  naked  and  stiff  with  wounds,  by 
the  charitable  natives  of  Cape  Blanco. 

The  twofold  policy  of  the  United  States  made  it 
the  duty  of  the  superintendent  to  notice  the  murderous 

(233) 


234  PLAUSIBLE  PACIFICATION. 

conduct  of  the  Coquilles.  As  Dart  had  come  to 
treat,  he  did  not  wish  to  appear  as  an  avenger;  neither 
did  he  feel  secure  as  conciliator.  It  was  at  length 
decided  to  employ  the  Cape  Blanco  native,  who  under 
took  to  ascertain  the  whereabouts,  alive  or  dead,  of 
the  seven  men  still  missing  of  the  T'Vault  party. 
This  he  did  by  sending  two  women  of  his  tribe  to  the 
Coquille  River,  where  the  killing  of  five,  and  probable 
escape  of  the  rest,  was  ascertained.  The  women  in 
terred  the  mangled  bodies  in  the  sand. 

The  attitude  of  the  'Coquilles  was  not  assuring. 
To  treat  with  them  while  they  harbored  murderers 
would  not  do;  and  how  to  make  them  give  them  up 
without  calling  on  the  military  puzzled  the  superin 
tendent.  Finally  Parrish,  whose  residence  among 
the  Clatsops  had  given  him  some  knowledge  of  the 
coast  tribes,  undertook  to  secure  hostages,  but  failed.1 
Dart  returned  to  Portland  about  the  1st  of  October, 
leaving  his  interpreter  with  Kautz. 

Between  the  visits  of  Governor  Gaines  to  Rogue 
River  and  Dart  to  Port  Orford,  disturbances  had 
been  resumed  in  the  former  region.  Gaines  had 
agreed  upon  a  mutual  restitution  of  property  or  of  its 
value,  which  was  found  not  to  work  well,  the  miners 
being  as  much  dissatisfied  as  the  Indians.  From  this 
reason,  and  because  the  majority  of  the  Rogue  River 
natives  were  not  parties  to  the  treaty,  not  many  weeks 
had  elapsed  after  Gaines  returned  to  Oregon  City 
before  depredations  were  resumed.  A  settler's  cabin 
was  broken  into  on  Grave  Creek,  and  some  travellers 
were  fired  on  from  ambush;2  rumors  of  which  reach- 
'ing  the  superintendent  before  leaving  the  Willamette, 
he  sent  a  messenger  to  request  the  Rogue  River 
chiefs  to  meet  him  at  Port  Orford.  Ignorance  of 
Indian  ways,  unpardonable  in  a  superintendent,  could 
alone  have  caused  so  great  a  blunder.  Not  only  did 
they  refuse  thus  to  go  into  their  neighbor's  territory, 

1  Or.  Anecdotes,  MS.,  58-61. 

8  Or.  Statesman,  Sept.  2,  9,  16,  and  30, 1851. 


AFFAIRS  AT  PORT  ORFORD.  235 

but  made  the  request  an  excuse  for  further  disturb 
ances.3  Again,  there  were  white  men  in  this  region 
who  killed  and  robbed  white  men,  charging  their 
crimes4  upon  the  savages.  Indian  Agent  Skinner  held 
conferences  with  several  bands  at  Rogue  River,  all  of 
whom  professed  friendship  and  accepted  presents;5 
in  which  better  frame  of  mind  I  will  leave  them  and 
return  to  affairs  at  Port  Orford. 

When  intelligence  of  the  massacre  on  the  Coquille 
was  received  at  division  headquarters  in  California, 
punishment  was  deemed  necessary,  and  as  I  have  be 
fore  mentioned,  a  military  force  was  transferred  to 
the  Port  Orford  station.  The  troops,  commanded  by 
Lieutenant-colonel  Casey  of  the  2d  infantry,  were 
portions  of  companies  E  and  A,  1st  dragoons  dis 
mounted,  lieutenants  Thomas  Wright  and  George 
Stoneman,  and  company  C  with  their  horses.  The 
dismounted  men  arrived  at  Port  Orford  October  22d, 
and  the  mounted  men  by  the  next  steamer,  five  days 
later.  On  the  31st  the  three  companies  set  out  for 
the  mouth  of  the  Coquille,  arriving  at  their  destina 
tion  November  3d,  Colonel  Casey  and  Lieutenant 
Stanton  leading  the  mounted  men,  with  Brush,  a  sur 
vivor  of  the  massacre,  as  guide,  and  a  few  stragglers. 
The  Coquilles  were  bold  and  brave.  One  of  them 
meeting  Wright  away  from  camp  attempted  to  wrest 
from  him  his  rifle,  and  was  shot  by  that  officer  for  his 
temerity.  On  the  5th  the  savages  assembled  on  the 

3  Two  drovers,  Moffat  and  Evans,  taking  a  herd  of  swine  to  the  Shasta 
mines,  encamped  with  two  others  near  the  foot  of  the  Siskiyou  Mountains, 
their  hogs  eating  the  acorns  used  as  food  by  the  natives,  who  demanded  a  hog 
in  payment.  One  of  them  pointed  his  gun  at  a  pig  as  if  to  shoot,  whereupon 

•m  «-       /v»      i        i  -I     •  •      i       1  1  •    1  ill  1  •         1  •  5i       1 J_    1     '  _    T J  T ! 


,  giving 

and  the  Indians  exchanged  shots,  wounds  being  received  on  both  sides. 
Moffat  was  from  Philadelphia,  where  he  had  a  family.  Or.  Statesman,  Nov. 
11  and  25,  1851;  Or.  Spectator,  Jan.  6,  1852. 

4  There  was  at  this  time  on  the  southern  border  of  Oregon  an  organized 
band  of  desperadoes,  white  men,  half-breeds,  and  Indians,  who  were  the 
terror  of  the  miners.  See  Popular  Tribunals,  this  series,  passim. 

bU.  S.  Sen.  Doc.,  32d  cong.  2d  sess.,  i.  453. 


236  PLAUSIBLE  PACIFICATION. 

north  bank  to  the  number  of  one  hundred  and  fifty, 
and  by  their  gesticulations  challenged  the  troops  to 
battle.  The  soldiers  fired  across  the  river,  the  Co- 
quilles  returning  the  fire  with  the  guns  taken  from 
T' Vault's  party ; 6  but  no  damage  was  done.  Construct 
ing  a  raft,  the  main  body  crossed  to  the  north  side 
on  the  7th  in  a  cold  drenching  rain,  while  Stanton 
proceeded  up  the  south  side,  ready  to  cooperate  with 
Casey  when  the  Indians,  who  had  now  retreated  up 
the  stream,  should  be  found.  It  was  soon  ascertained 
that  a  campaign  on  the  Coquille  was  no  trifling  matter. 
The  savages  were  nowhere  to  be  found  in  force,  hav 
ing  fled  toward  head  waters,  or  a  favorable  ambush. 
Marching  in  order  was  not  to  be  thought  of;  and 
after  several  days  of  wading  through  morasses,  climb 
ing  hills,  and  forcing  a  way  among  the  undergrowth 
by  day  and  sleeping  under  a  single  wet  blanket  at 
night,  the  order  to  retreat  was  given.  Nothing  had 
been  met  with  on  the  route  but  deserted  villages, 
which  were  invariably  destroyed,  together  with  the 
winter's  store  of  provisions — a  noble  revenge  on  inno 
cent  women  and  children,  who  must  starve  in  conse 
quence.  Returning  to  the  mouth  of  the  river,  Casey 
sent  to  Port  Orford  For  boats  to  be  brought  overland, 
on  the  arrival  of  which  the  campaign  was  recom 
menced  on  a  different  plan. 

In  three  small  boats  were  crowded  sixty  men,  in 
such  a  manner  that  their  arms  could  not  be  used;  and 
so  they  proceeded  up  the  river  for  four  days,  finding 
no  enemy.  At  the  forks,  the  current  being  strong, 
the  troops  encamped.  It  was  now  the  20th  of  No 
vember,  and  the  weather  very  inclement.  On  the 
21st  Casey  detailed  Stoneman  to  proceed  up  the  south 
branch  with  one  boat  and  fourteen  men ;  while  Wright 

6  T'Vault  says  there  were  eight  rifles,  one  musket,  one  double-barrelled  pis 
tol,  one  Sharp's  patent  36  shooting-rifle,  one  Colt's  six-shooter,  one  brace  hol 
ster  pistols,  with  ammunition,  and  some  blankets.  Here  were  fourteen  shoot 
ing-arms,  many  of  them  repeating,  yet  the  party  could  not  defend  themselves 
on  account  of  the  suddenness  and  manner  of  the  attack.  Or.  Statesman,  Oct. 
7,  1851. 


FIGHT  WITH  THE  COQUILLES.  237 

with,  a  similar  force  ascended  the  north  branch,  look 
ing  for  Indians.  After  advancing  six  or  eight  miles, 
Stoneman  discovered  the  enemy  in  force  on  both  banks. 
A  few  shots  were  fired,  and  the  party  returned  and 
reported.  In  the  course  of  the  afternoon  Wright  also 
returned,  having  been  about  eighteen  miles  up  the 
north  branch  without  finding  any  foe.  On  the  22d 
the  whole  command  set  out  toward  the  Indian  camp 
on  the  south  branch,  taking  only  two  boats,  with  five 
men  in  each,  the  troops  marching  up  the  right  bank 
to  within  half  a  mile  of  the  point  aimed  at,  when 
Stoneman  crossed  to  the  left  bank  with  one  company, 
and  the  march  was  resumed  in  silence,  the  boats  con 
tinuing  to  ascend  with  equal  caution.  The  Indians 
were  found  assembled  at  the  junction.  When  the 
boats  were  within  a  hundred  and  fifty  yards  of  them 
the  savages  opened  fire  with  guns  and  arrows.  Wright 
then  made  a  dash  to  the  river  bank,  and  with  yells 
drove  the  savages  into  concealment.  Meanwhile 
Stoneman  was  busy  picking  off  certain  of  the  enemy 
stationed  on  the  bank  to  prevent  a  landing. 

The  engagement  lasted  only  about  twenty  minutes, 
and  the  Coquilles  had  now  scampered  into  the  woods, 
where  it  would  be  useless  to  attempt  to  follow  them. 
Fifteen  were  killed  and  many  appeared  to  be  wounded. 
Their  lodges  and  provisions  were  burned,  while  their 
canoes  were  carried  away.  Casey,  who  was  with 
Wright  on  the  north  bank,  joined  in  the  fighting  with 
enthusiasm,  telling  the  men  to  take  good  aim  and  not 
throw  away  shots.7 

The  troops  returned  to  the  mouth  of  the  river, 
where  they  remained  for  a  few  days,  and  then  marched 
back  to  Port  Orford,  and  took  passage  on  the  Colum 
bia  for  San  Francisco,  where  they  arrived  on  the  12th 

7  The  above  details  are  mostly  from  the  letter  of  a  private  soldier,  written 
to  his  brother  in  the  east.  Before  the  letter  was  finished  the  writer  was 
drowned  in  the  Sixes  River  near  Cape  Blanco,  while  riding  express  from  Port 
Orford  to  Lieut.  Stoneman 's  camp  at  the  mouth  of  the  Coquille.  The  letter 
was  published  in  the  Alto,  California,  Dec.  14,  1851.  It  agrees  with  other 
but  less  particular  accounts,  in  the  8.  F.  Herald  of  Dec.  4, 1851,  and  Or.  States 
man,  Dec.  16  and  30,  1851.  See  also  Davidson's  Coast  Pilot,  119. 


238  PLAUSIBLE  PACIFICATION. 

of  December.8  This  expedition  cost  the  government 
some  twenty-five  thousand  dollars/  and  resulted  in 
killing  a  dozen  or  more  Indians,  which  coming  after  the 
late  friendly  professions  of  Indian  Agent  Parrish,  did 
not  tend  to  confidence  in  the  promises  of  the  govern 
ment,  or  increase  the  safety  of  the  settlers.10 

I  have  told  how  Stanton  returned  to  Oregon  with 
troops  to  garrison  Fort  Orford,  being  shipwrecked 
and  detained  four  months  at  Coos  Bay.  He  had 
orders  to  explore  for  a  road  to  the  interior,  in  connec 
tion  with  Williamson,  who  had  already  begun  this 
survey.  The  work  was  prosecuted  with  energy,  and 
finished  in  the  autumn  of  1852. 

The  presents  distributed  by  Skinner  had  not  the 
virtue  to  preserve  lasting  tranquillity  in  the  mining 
region.  In  the  latter  part  of  April  1852,  a  citizen 
of  Marion  county  returning  from  the  mines  was 
robbed  of  his  horse  and  other  property  in  the  Grave 
Creek  hills  by  Rogue  River  Indians.  This  act  was 
followed  by  other  interruption  of  travellers,  and  de 
mand  for  pay  for  passing  fords.11  Growing  bolder, 
robbery  was  followed  by  murder,  and  then  came  war.12 

On  the  8th  of  July,  a  Shasta,  named  Scarface,  a 

*Cal.  Courier,  Dec.  13,  1851. 

9  Report  of  Major  Robert  Allen,  in  U.  S.  H.  Ex.  Doc.  2,  vol.  ii.  part  1,  p. 
150,  32d  cong.  1st  sess. 

10 '  The  commanders  went  without  an  interpreter  to  the  Coquille  village, 
and  just  banged  away  -until  they  gratified  themselves,  and  then  went  to  Port 
Orford  and  back  to  San  Francisco.'  Parrish's  Or.  Anecdotes,  MS.,  66.  See 
also  Alto,  California,  Dec.  14,  1851. 

"Hearne's  Gal  Sketches,  MS.,  2. 

12  In  the  early  spring  of  1852  a  party  of  five  men,  led  by  James  Coy,  left 
Jacksonville  to  look  for  mining  ground  toward  the  coast.  Having  discov 
ered  some  good  diggings  on  a  tributary  of  Illinois  Biver,  now  called  Jose 
phine  Creek,  they  were  following  up  the  right  branch,  when  they  discovered, 
three  miles  above  the  junction,  the  remains  of  two  white  men,  evidently 
murdered  by  the  Indians.  Being  few  in  number,  they  determined  to  return 
and  reenforce.  Camping  at  night  at  the  mouth  of  Josephine  Creek,  they 
were  attacked  by  a  large  force.  They  kept  the  enemy  at  bay  until  the  next 
night,  when  one  of  the  men  crowded  through  their  lines,  and  hastened  to 
Jacksonville  for  aid.  All  that  day,  and  the  next,  and  until  about  ten  o'clock 
on  the  third,  the  besieged  defended  their  little  fortress,  when  a  party  of  35 
came  down  the  mountain  to  their  relief;  and  finding  the  country  rich  in 
mines,  took  up  claims,  and  made  the  first  permanent  settlement  in  Illinois 
Valley.  Scraps  Southern  Or.  Hist.,  in  Ashland  Tidings,  Sept.  20,  1878. 


TROUBLES  WITH  THE  SHASTAS.  239 

notorious  villain,  who  had  killed  his  chief  and  usurped 
authority,  murdered  one  Calvin  Woodman,  on  Ind 
ian  Creek,  a  small  tributary  of  the  Klamath.  The 
white  men  of  Shasta  and  Scott's  valleys  arrested  the 
head  chief,  and  demanded  the  surrender  of  Scarface 
and  his  accomplice,  another  Shasta  known  as  Bill. 
The  captured  chief  not  only  refused,  but  made  his 
escape.  The  miners  then  organized,  and  in  a  fight 
which  ensued  the  sheriff  wras  wounded,  some  horses 
being  killed.  Mr  E.  Steele  was  then  living  at  Yreka. 
He  had  mined  in  the  Shasta  valley  when  Lane  was 
digging  gold  in  that  vicinity.  The  natives  had  named 
him  Jo  Lane's  Brother,  and  he  had  great  influence 
with  them.  Steele  had  been  absent  at  the  time  of 
the  murder,  but  returning  to  Scott  Valley  soon  after, 
found  the  Indians  moving  their  families  toward  the 
Salmon  River  mountains,  a  sign  of  approaching 
trouble.  Hastening  to  Johnson's  rancho,  he  learned 
what  had  occurred,  and  also  met  there  a  company 
from  Scott  Bar  prosecuting  an  unsuccessful  search  for 
the  savages  in  the  direction  of  Yreka.  Next  day,  at 
the  request  of  Johnson,  who  had  his  family  at  the 
rancho  and  was  concerned  for  their  safety,  Steele  col 
lected  the  Indians  in  Scott  Valley  and  held  a  council. 
The  Shastas,  to  which  nation  belonged  the  Rogue 
River  tribes,  were  divided  under  several  chiefs  as  fol 
lows  :  Tolo  was  the  acknowledged  head  of  those  who 
lived  in  the  flat  country  about  Yreka;  Scarface  and  Bill 
were  over  those  in  Shasta  Valley;  John  of  those  in 
Scott  Valley;  and  Sam  and  Jo  of  those  in  Rogue  River 
Valley,  having  been  formerly  all  under  one  chief,  the  fa 
ther  of  John.  On  the  death  of  the  old  chief  a  feud  had 
arisen  concerning  the  supremacy,  which  was  inter 
rupted  by  the  appearance  of  white  men,  since  which 
time  each  had  controlled  his  own  band.  Then  there 
were  two  chiefs  who  had  their  country  at  the  foot  of 
the  Siskiyou  Mountains  on  the  north  side,  or  south  of 
Jacksonville,  namely,  Tipso,  that  is  to  say,  The  Hairy, 
from  his  heavy  beard,  and  Sullix,  or  the  Bad -tern- 


240  PLAUSIBLE  PACIFICATION. 

pered,  both  of  whom  were  unfriendly  to  the  settlers 
and  miners.13  They  also  had  wars  with  the  Shastas 
on  the  south  side  of  the  Siskiyou,14  and  were  alto 
gether  turbulent  in  their  character. 

The  chiefs  whom  Steele  induced  to  trust  themselves 
inside  Johnson's  stockade  for  conference  were  Tolo, 
his  son  Philip,  and  John,  with  three  of  his  brothers, 
one  of  whom  was  known  as  Jim.  These  affirmed  that 
they  desired  peace,  and  said  if  Steele  would  accom 
pany  them  they  would  go  in  search  of  the  murderers. 
Accordingly  a  party  of  seven  was  formed,  four  more 
joining  at  Shasta  canon.15  Proceeding  to  Yreka, 
Steele  had  some  trouble  to  protect  his  savages  from 
the  citizens,  who  wished  to  hang  them.  But  an  order 
of  arrest  having  been  obtained  from  the  county  judge, 
the  party  proceeded,  and  in  two  days  reached  the 
hiding-place  of  Scarface  and  Bill.  The  criminals  had 
fled,  having  gone  to  join  Sam,  brother  of  Chief  Jo, 
Lane's  namesake,  who  had  taken  up  arms  because  Dr 
Ambrose,  a  settler,  had  seized  the  ground  which  was 
the  winter  residence  of  the  tribe,  and  because  he  would 
not  betroth  his  daughter  to  Sam's  son,  both  children 
being  still  of  tender  age. 

Tolo,  Philip,  and  Jim  then  withdrew  from  the  party 
of  white  men,  substituting  two  young  warriors,  who 
were  pledged  to  find  Scarface  and  Bill,  or  suffer  in 
their  stead.  A  party  under  Wright  then  proceeded 
to  the  Klamath  country.  Steele  went  to  Rogue  River, 
hearing  on  the  Siskiyou  Mountain  confirmation  of  the 
war  rumor  from  a  captured  warrior,  afterward  shot  in 
trying  to  effect  his  escape. 

Rumors  of  disaffection  reaching  Table  Rock,16  seven- 

13 See  CardweWsEm.  Co.,  MS.,  15,  7. 

"Id.,  15-21;  Ashland  Tid.,  Dec.  2,  9,  1876,  and  Sept.  20,  1878. 

J5The  Scott  Valley  men  were  John  McLeod,  James  Bruce,  James  White, 
Peter  Snellback,  John  Galvin,  and  a  youth  called  Harry.  The  four  from 
Shasta  were  J.  D.  Cook,  F.  W.  Merritt,  L.  S.  Thompson,  and  Ben.  Wright, 
who  acted  as  interpreter. 

16 Jacksonville  was  at  this  time  called  Table  Rock,  though  without  rele 
vance.  The  first  journal  published  there  was  the  Table  Rock  Sentinel.  Prim's 
Judicial  Affairs  in  S.  Or.,  MS.,  3. 


PARLEYS.  241 

ty-five  or  eighty  men,  with  John  K.  Lamerick  as 
leader,  volunteered  to  go  and  kill  Indians.  Hearing 
of  it,  Skinner  hastened  to  prevent  slaughter,  but  only 
obtained  a  promise  not  to  attack  until  he  should  have 
had  an  opportunity  of  parley.  A  committee  of  four 
was  appointed  by  the  citizens  of  Table  Hock  to  ac 
company  the  agent.  They  found  Sam  at  his  encamp 
ment  at  Big  Bar,  two  miles  from  the  house  of 
Ambrose,  and  at  no  great  distance  from  Stuart's 
former  camp.  Sam  did  not  hesitate  to  cross  to  the 
south  side  to  talk  with  Skinner.  He  declared  him 
self  for  peace,  and  proposed  to  send  for  his  brother 
Jo,  with  all  his  band,  to  meet  the  agent  the  following 
day;  nor  did  he  make  any  objection  when  told  that  a 
large  number  of  white  men  would  be  present  to  wit 
ness  the  negotiations. 

At  this  juncture,  Steele  arrived  in  the  valley  with 
his  party  and  two  Shastas,  Skinner  confessing  to  him 
that  the  situation  was  serious.  He  agreed,  how 
ever,  to  Steele's  request  to  make  the  delivery  of  the 
murderers  one  of  the  conditions  of  peace. 

At  the  time  appointed,  Skinner  and  Steele  repaired 
to  Big  Bar  with  their  respective  commands  and  the 
volunteers  under  Lamerick.  One  of  Steele's  Shastas 
was  sent  to  Sam  with  a  message,  requesting  him  to 
come  over  the  river  and  bring  a  few  of  his  warriors  as 
a  body-guard.  After  the  usual  Indian  parley  he 
came,  accompanied  by  Jo  and  a  few  fighting  men; 
but  seeing  Lamerick 's  company  mounted  and  drawn 
up  in  line,  expressed  a  fear  of  them,  when  Skinner 
caused  them  to  dismount  and  stack  their  arms. 

The  messenger  to  Sam's  camp  told  Steele  that  he 
had  recognized  the  murderers  among  Sam's  people, 
and  Steele  demanded  his" arrest;  but  Skinner  refused, 
fearing  bloodshed.  The  agent  went  further,  and 
ordered  the  release  of  two  prisoners  taken  by  Steele 
on  the  north  side  of  the  Siskiyou  Mountains,  Sam 
having  first  made  the  demand,  and  refused  to  negotiate 
until  it  was  complied  with.  The  order  was  accom- 

HIST.  OB.,  VOL.  II.    16 


242  PLAUSIBLE  PACIFICATION. 

panied  with  the  notice  to  Steele  that  he  was  within 
the  jurisdiction  of  the  person  giving  the  command. 
But  all  was  of  no  avail.  Steele  seemed  as  determined 
to  precipitate  war  as  was  Skinner  to  avoid  it.  Final 
ly  Skinner  addressed  himself  to  the  prisoners,  telling 
them  they  were  free,  that  he  was  chief  of  the  white 
people  in  the  Indian  country,  and  they  should  accept 
their  liberty.  On  the  other  hand,  Steele  warned  his 
prisoners  that  if  they  attempted  to  escape  they  would 
be  shot,  when  Skinner  threatened  to  arrest  and  send 
him  to  Oregon  City.  The  quarrel  ended  by  Steele 
keeping  his  captives  under  a  guard  of  two  of  his  own 
men,  who  were  instructed  to  shoot  them  if  they  ran 
away,  Sarn  and  his  party  being  informed  of  the  order. 
His  six  remaining  men  were  stationed  with  reference 
to  a  surprise  from  the  rear  and  a  rescue. 

The  conference  then  proceeded;  but  presently  a 
hundred  armed  warriors  crossed  the  river  and  mixed 
with  the  unarmed  white  men,  whereupon  Steele  or 
dered  his  men  to  resume  their  arms. 

The  council  resulted  in  nothing.  Sam  declined  to 
give  up  the  murderers,  and  the  talk  of  the  chiefs  was 
shuffling  and  evasive.  At  length,  on  a  pretence  of 
wishing  to  consult  with  some  of  his  people,  Sam  ob 
tained  permission  to  return  to  the  north  bank  of  the 
river,  from  which  he  shouted  back  defiance,  and  say 
ing  that  he  should  not  return.  The  white  forces 

O 

were  then  divided,  Lamerick  going  with  half  the 
company  to  a  ford  above  Big  Bar,  and  his  lieutenant 
with  the  remainder  to  the  ford  half  a  mile  below,  pre 
pared  to  cross  the  river  and  attack  Sam's  camp  if  any 
hostile  demonstrations  should  be  made  at  the  council 
ground.  But  the  agent,  apprehensive  of  an  outbreak, 
followed  the  angry  chief  tor  the  north  side,  the  Ind 
ians  also  crossing  over  until  about  fifty  only  re 
mained.  Becoming  alarmed  for  the  safety  of  Skin 
ner,  Steele  placed  a  guard  at  the  crossing  to  prevent 
all  the  Indians  returning  to  camp  before  the  agent 
should  conie  back,  which  he  did  in  company  with  one 


THE  BATTLE  BEGINS.  243 

of  the  Shastas,  who  had  been  sent  to  warn  him. 
Though  the  agent  was  aware  that  this  man  could 
point  out  the  murderers,  he  would  not  consent,  lest 
it  should  be  a  signal  for  battle. 

By  the  time  Steele  had  recrossed  the  river,  a  fresh 
commotion  arose  over  the  rumor  that  Scarface  was 
seen  with  two  others  going  over  the  hills  toward  the 
Klamath.  The  Rogue  River  warriors,  still  on  the 
south  side,  observing  it,  began  posting  themselves 
under  cover  of  some  trees,  as  if  preparing  for  a  skir 
mish,  to  prevent  which  Steele's  men  placed  them 
selves  in  a  position  to  intercept  them,  when  an 
encounter  appearing  imminent,  Martin  Angell,17  a 
settler,  proposed  to  the  Indians  to  give  up  their 
arms,  and  sheltering  themselves  in  a  log  house  in 
the  vicinity,  to  remain  there  as  hostages  until  the 
criminals  should  be  brought  back  by  their  own  peo 
ple.  The  proposition  was  accepted;  but  when  they 
had  filed  past  Steele's  party  they  made  a  dash  to 
gain  the  woods.  This  was  the  critical  moment.  To 
allow  the  savages  to  gain  cover  would  be  to  expose 
the  white  men  to  a  fire  they  could  not  return;  there 
fore  the  order  was  given,  and  firing  set  in  on  both 
sides. 

It  should  not  be  forgotten  that  Steele's  men  from 
the  California  side  of  the  Siskiyou,  throughout  the 
whole  affair,  had  done  all  that  was  done  to  precipitate 
the  conflict,  which  was  nevertheless  probably  una 
voidable  in  the  agitated  state  of  both  Indians  and 
white  men.  The  savages  were  well  armed  and  ready 
for  war,  and  the  miners  and  settlers  were  bent  on  the 
mastery.  When  the  firing  began,  Lamerick's  com 
pany  were  still  at  the  fords,  some  distance  from  the 
others.  At  the  sound  of  the  guns  he  hastened  up 
the  valley  to  give  protection  to  the  settlers'  families, 

17  Angell  had  formerly  resided  at  Oregon  City.  He  removed  to  Rogue 
River  Valley,  participated  in  the  Indian  wars,  and  was  killed  by  the  savages 
of  Rogue  River  in  1855.  He  was  regarded  as  a  good  man  and  a  useful  citi 
zen.  His  only  son  made  his  residence  at  Portland.  Lane's  Autobiography, 
MS.,  107. 


244  PLAUSIBLE  PACIFICATION". 

leaving  a  minority  of  the  volunteers  to  engage  the 
Indians  from  the  north  side  should  they  attempt  to 
cross  the  river.18 

The  fighting  lasted  but  a  short  time.  The  Indians 
made  a  charge  with  the  design  of  releasing  Steele's 
prisoners,  when  they  ran  toward  the  river.  One  was 
shot  before  he  reached  it,  the  other  as  he  came  out  of 
the  water  on  the  opposite  bank.  Sam  then  ordered 
a  party  of  warriors  to  the  south  side  to  cut  off  Steele, 
but  they  were  themselves  surprised  by  a  detachment 
of  the  volunteers,  and  several  killed,19  the  remainder  re 
treating.  Only  one  white  man  was  wounded,  and  he 
in  one  ringer.  The  Indian  agent  had  retired  to  his  resi 
dence  at  the  beginning  of  the  fight.  That  same  night 
information  was  received  that  during  the  holding  of  the 
council  some  Indians  had  gone  to  a  bar  down  the 
river,  and  had  surprised  and  killed  a  small  company  of 
miners.  Lamerick  at  once  made  preparations  to  cross 
the  river  on  the  night  of  the  19th  of  July,  and  take 
his  position  in  the  pass  between  Table  Rock  and  the 
river,  while  Steele's  company  moved  at  the  same  time 
farther  up,  to  turn  the  Indians  back  on  Lamerick's 
force  in  the  morning.  The  movement  was  successful. 
Sam's  people  were  surrounded,  and  the  chief  sued  for 
peace  on  the  terms  first  offered,  namely,  that  he  should 
give  up  the  murderers,  asking  that  the  agent  be  sent 
for  to  make  a  treaty. 

But  Skinner,  who  had  found  himself  ignored  as 

18 '  Before  we  reached  the  place  where  the  battle  was  going  on,  we  met  a 
large  portion  of  the  company  coming  from  the  battle  as  fast  as  their  horses 
could  run.  The  foremost  man  was  Charley  Johnson.  He  called  to  me  to 
come  with  him.  I  said,  "Have  the  Indians  whipped  you?"  He  said  nothing, 
but  kept  on  running,  and  crying,  "Come  this  way."  We  wheeled,  and  went 
with  the  crowd,  who  went  to  the  house  of  Dr  Ambrose.  The  Indians  had 
started  toward  the  house,  and  it  was  supposed  they  meant  to  murder  the 
family.'  CardwdVs  Emigrant  Company,  MS.,  24. 

19  Steele  says  sixteen,  including  the  prisoners.  Cardwell  states  that  many 
sprang  into  the  water  and  were  shot.  Skinner  gives  the  number  as  four;  and 
states  further  that  '  a  man  by  the  name  of  Steel,  who  pretended  to  be  the 
leader  of  the  party  from  Shasta,  was  principally  instrumental  in  causing  the 
.attack  on  the  prisoners,  which  for  a  time  produced  general  hostilities.'  U.  St 
Sen.  Doc.,  i.,  32d  cong.  2d  sess.,  vol.  i.  pt  i.  457.  CardweWs  Emigrant  Com 
pany,  MS.,  25;  California  Star,  Aug.  7,  1852. 


TRUCE  AND  REENFORCEMENT.  245 

maintainer  of  the  peace,  and  was  busy  preparing  for 
the  defence  of  his  house  and  property,  was  slow  to 
respond  to  this  request.  A  council  was  appointed  for 
the  next  day.  In  the  explanations  which  followed  it 
was  ascertained  that  Scarface  had  not  been  with  Sam, 
but  was  hiding  in  the  Salmon  River  mountains.  The 
person  pointed  out  as  Scarface  was  Sullix  of  Tipso's 
band,  who  also  had  a  face  badly  scarred.  The  real 
criminal  was  ultimately  arrested,  and  hanged  at  Yreka. 
A  treaty  was  agreed  to  by  Sam  requiring  the  Rogue 
River  Indians  to  hold  no  communication  with  the 
Shastas.20  For  the  remainder  of  the  summer  hostili 
ties  on  Rogue  River  were  suspended,  the  Indian  agent 
occasionally  presenting  Sam's  band  with  a  fat  ox,  find 
ing  it  easier  and  cheaper  to  purchase  peace  with  beef 
than  to  let  robberies  go  on,  or  to  punish  the  robbers.21 
Such  was  the  condition  of  Indian  affairs  in  the 
south  of  Oregon  in  the  summer  and  autumn  of  1852, 
when  the  superintendent  received  official  notice  that 
all  the  Indian  treaties  negotiated  in  Oregon  had  been 
ordered  to  lie  upon  the  table  in  the  senate;  while 
he  was  instructed  by  the  commissioner,  until  the 
general  policy  of  the  government  should  be  more  def 
initely  understood,  to  enter  into  no  more  treaty  stip 
ulations  with  them,  except  such  as  might  be  imperi 
ously  required  to  preserve  peace.22  As  if  partially  to 
avert  the  probable  consequences  to  the  people  of  Ore 
gon  of  this  rejection  of  the  treaties  entered  into  be 
tween  Governor  Gaines,  Superintendent  Dart,  and  the 
Indians,  there  arrived  at  Vancouver,  in  September, 
268  men,  rank  and  file,  composing  the  skeleton  of  the 
4th  regiment  of  infantry,  under  Lieutenant-colonel 
Bonneville.23  It  was  now  too  late  in  the  season  for 

20  Sullix  was  badly  wounded  on  the  day  of  the  battle.  See  Cardwett's 
Emigrant  Company,  MS.,  25-6. 

al  The  expenses  of  Steele's  expedition  were  $2,200,  which  were  never  reim 
bursed  from  any  source. 

22  Letter  of  Anson  Dart  in  Or.  Statesman,  Oct.  30,  1852.    Dart  resigned 
in  December,  his  resignation  to  take  effect  the  following  June. 

23  '  A  large  number  of  the  4th  reg.  had  died  on  the  Isthmus. '  Or.  States' 
man,  Sept.  25,  1852. 


246  PLAUSIBLE  PACIFICATION. 

troops  to  do  more  than  go  into  winter  quarters.  The 
settlers  and  the  emigration  had  defended  themselves 
for  another  year  without  aid  from  the  government, 
and  the  comments  afterward  made  upon  their  manner 
of  doing  it,  in  the  opinion  of  the  volunteers  came  with 
a  very  ill  grace  from  the  officers  of  that  government.24 

24 Further  details  of  this  campaign  are  given  in  Lane's  Autobiography,  MS.; 
CardwdVs  Emigrant  Company,  MS.;  and  the  files  of  the  Oregon  Statesman. 


CHAPTER  IX. 

SURVEYS  AND  TOWN-MAKING. 
1851-1853. 

PROPOSED  TERRITORIAL  DIVISION — COAST  SURVEY — LIGHT-HOUSES  ESTAB 
LISHED — JAMES  S.  LAWSON — His  BIOGRAPHY,  PUBLIC  SERVICES,  AND 
CONTRIBUTION  TO  HISTORY — PROGRESS  NORTH  OF  THE  COLUMBIA— SOUTH 
OF  THE  COLUMBIA — BIRTH  OF  TOWNS — CREATION  OF  COUNTIES — PROPOSED 
NEW  TERRITORY — RIVER  NAVIGATION — IMPROVEMENTS  AT  THE  CLACK- 
AMAS  RAPIDS— ON  THE  TUALATIN  RIVER— LA  CREOLE  RIVER — BRIDGE- 
BUILDING — WORK  AT  THE  FALLS  OF  THE  WILLAMETTE— FRUIT  CULTURE 
— THE  FiPvST  APPLES  SENT  TO  CALIFORNIA — AGRICULTURAL  PROGRESS — 
IMPORTS  AND  EXPORTS — SOCIETY. 

A  MOVEMENT  was  made  north  of  the  Columbia 
River  in  the  spring  of  1851,  to  divide  Oregon,  all 
that  portion  north  and  west  of  the  Columbia  to  be 
erected  into  a  new  territory,  with  a  separate  govern 
ment — a  scheme  which  met  with  little  opposition 
from  the  legislature  of  Oregon  or  from  congress. 
Accordingly  in  March  1853  the  separation  was  con 
summated.  The  reasons  advanced  were  the  alleged 
disadvantages  to  the  Puget  Sound  region  of  unequal 
legislation,  distance  from  the  seat  of  government, 
and  rivalry  in  commercial  interests.  North  of  the 
Columbia  progress  was  slow  from  the  beginning  of 
American  settlements  in  1845  to  1850,  when  the 
Puget  Sound  region  began  to  feel  the  effect  of  the 
California  gold  discoveries,  with  increased  facilities 
for  communication  with  the  east.  In  answer  to  the 
oft-repeated  prayers  of  the  legislature  of  Oregon, 
that  a  survey  might  be  made  of  the  Pacific  coast  of 
the  United  States,  a  commission  was  appointed  in 

(247  ) 


248  SURVEYS  AND  TOWN-MAKING. 

November  1848,  whose  business  it  was  to  make  an  ex 
amination  with  reference  to  points  of  occupation  for 
the  security  of  trade  and  commerce,  and  for  military 
and  naval  purposes. 

The  commissioners  were  Brevet  Colonel  J.  L.  Smith, 
Major  Cornelius  A.  Ogden,  Lieutenant  Danville  Lead- 
better  of  the  engineer  corps  of  the  United  States  army, 
and  commanders  Louis  M.  Goldsborough,  G.  J.  Van 
Brunt,  and  Lieutenant  Simon  F.  Blunt  of  the  navy. 
They  sailed  from  San  Francisco  in  the  government 
steam  propeller  Massachusetts,  officered  by  Samuel 
Knox,  lieutenant  commanding,  Isaac  N.  Briceland  act 
ing  lieutenant,  and  James  H.  Moore  acting  master, 
arriving  in  Puget  Sound  about  the  same  time  the 
Ewing  reached  the  Columbia  River  in  the  spring  of 
1850,  and  remaining  in  the  sound  until  July.  The 
commissioners  reported  in  favor  of  light-houses  at 
New  Dungeness  and  Cape  Flattery,  or  Tatooch  Island, 
informing  the  government  that  traffic  had  much  in 
creased  in  Oregon,  and  on  the  sound,  it  being  their 
opinion  that  no  spot  on  the  globe  offered  equal  facili 
ties  for  the  lumber  trade.1  Shoalwater  Bay  was  ex 
amined  by  Lieutenant  Leadbetter,  who  gave  his  name 
to  the  southern  side  of  the  entrance,  which  is  called 
Leadbetter  Point.  The  Massachusetts  visited  the  Co 
lumbia,  and  recommended  Cape  Disappointment  on 
which  to  place  a  light-house.  After  this  superficial 
reconnoissance,  which  terminated  in  July,  the  commis 
sioners  returned  to  California. 

The  length  of  time  elapsing  from  the  sailing  of  the 
commission  from  New  York  to  its  arrival  on  the  North 
west  Coast,  with  the  complaints  of  the  Oregon  dele 
gate,  caused  the  secretary  of  the  treasury  to  request 
Professor  A.  D.  Bache,  superintendent  of  coast  sur 
veys,  to  hasten  operations  in  that  quarter  as  much  as 
possible ;  a  request  which  led  the  latter  to  despatch  a 
third  party,  in  the  spring  of  1850,  under  Professor 
George  Davidson,  which  arrived  in  California  in  June, 

1  Coast  Survey,  1850,  127. 


DAVIDSON'S  SURVEY.  249 

and  proceeded  immediately  to  carry  out  the  intentions 
of  the  government.2  Being  employed  on  the  coast  of 
southern  California,  Davidson  did  not  reach  Oregon 
till  June  1851,  when  he  completed  the  topographical 
surveys  of  Cape  Disappointment,  Point  Adams,  and 
Sand  Island,  at  the  entrance  to  the  Columbia,  and  de 
parted  southward,  having  time  only  to  examine  Port 
Orford  harbor  before  the  winter  storms.  It  was  not 
until  July  1852  that  a  protracted  and  careful  survey 
was  begun  by  Davidson's  party,  when  he  returned  in 
the  steamer  Active?  Captain  James  Alden  of  the  navy, 
to  examine  the  shores  of  the  Strait  of  Fuca  and  adja 
cent  coasts,  a  work  in  which  he  was  engaged  for  sev 
eral  years,  to  his  own  credit  and  the  advantage  of  the 
country.4  For  many  years  Captain  Lawson  has  di 
rected  his  very  valuable  efforts  to  the  region  about 
Puget  Sound.5 

2  Davidson's  party  were  all  young  men,  anxious  to  distinguish  themselves. 
They  were  A.  M.  Harrison,  James  S.  Lawsoii,  and  John  Rockwell.     They 
sailed  in  the  steamer  Philadelphia,  Capt.  Robert  Pearson,  crossed  the  Isthmus, 
and  took  passage  again  on  the  Tennessee,  Capt.  Cole,  for  San  Francisco.  Law- 
son's  Autobiography,  MS.,  5-18. 

3  The  Actire  was  the  old  steamer  Gold  Hunter  rechristened.  Lawsoris  Au 
tobiography,  MS.,  49. 

4  For  biography,  and  further  information  concerning  Prof.  Davidson  and 
his  labors,  see  Hist.  Cat.,  this  series. 

5  James  S.  Lawson  was  born  in  Philadelphia,  Feb.  13,  1828,  was  educated 
in  the  schools  of  that  city,  and  while  in  the  Central  high  school  was  a  class 
mate  of  George  Davidson,  Prof.  Bache  being  principal.     Bache  had  formerly 
been  president  of  Girard  College,  and  still  had  charge  of  the  magnetic  obser 
vatory  in  the  college  grounds.     The  night  observers  were  selected  from  the 
pupils  of  the  high  school,  and  of  these  Lawson  was  one,  continuing  to  serve 
till  the  closing  of  the  observatory  in  1845.     In  that  year  Lawson  was  ap 
pointed  second  assistant  teacher  in  the  Catherine-street  grammar  school  of 
Philadelphia,  which  position  he  held  for  one  year,  when  he  was  offered  a  po 
sition  in  the  Friends'  school  at  Wilmington,  Delaware,  under  charge  of  Sam 
uel  Alisoff.     In  January  1848  Lawson  commenced  duty  as  a  clerk  to  Prof. 
Bache,  then  superintendent  of  the  U.  S.  coast  survey,  remaining  in  that  ca 
pacity  until  detached  and  ordered  to  join  Davidson  for  the  surveys  on  the 
Pacific  coast  in  1850.     From  the  time  of  his  arrival  on  the  Pacific  coast  to  the 
present,  Capt.  Lawson  has  been  almost  continuously  engaged  in  the  labor  of 
making  government  surveys  as  an  assistant  of  Prof.   Davidson.   Laivson's 
Autobiography,  MS.,  2.     His  work  for  a  number  of  years  has  been  chiefly  in 
that  portion  of  the  original  Oregon  territory  north  of  the  Columbia  and  west 
of  the  Cascade  Mountains,  and  his  residence  has  been  at  Olympia,  where  his 
high  character  and  scientific  attainments  have  secured  him  the  esteem  of  all, 
and  in  which  quiet  and  beautiful  little  capital  repose  may  be  found  from  oc 
casional  toil  and  exposure.     Mr  Harrison* was,  like  Davidson  and  Lawson,  a 
graduate  of  the  Philadelphia  Central  school,  and  of  the  same  class. 

This  manuscript  of  Lawson's  authorship  is  one  of  unusual  value,  contain- 


250  SURVEYS  AND  TOWN-MAKING. 

I  have  referred  to  the  surveying  expeditions  in  this 
place  with  the  design,  not  only  of  bringing  them  into 
their  proper  sequence  in  point  of  time,  but  to  make 
plain  as  I  proceed  correlative  portions  of  my  narra 
tive. 

Between  1846,  the  year  following  the  first  Ameri 
can  settlements  on  Puget  Sound,  and  1848,  popula 
tion  did  not  much  increase,  nor  was  there  any  com 
merce  to  speak  of  with  the  outside  world  until  the 
autumn  of  the  last-named  year,  when  the  settlers 
discarded  their  shingle-making  and  their  insignificant 
trade  at  Fort  Nisqually,  to  open  with  their  ox-teams 
a  wagon  road  to  the  mines  on  the  American  River. 
The  new  movement  revolutionized  affairs.  Not  only 
was  the  precious  dust  now  to  be  found  in  gratifying 
bulk  in  many  odd  receptacles  never  intended  for  such 
use  in  the  cabins  of  squatters,  but  money,  real  hard 
coin,  became  once  more  familiar  to  fingers  that  had 
nearly  forgotten  the  touch  of  the  precious  metals. 
In  January  1850,  some  returning  miners  reached  the 
Sound  in  the  first  American  vessel  entering  those  wa 
ters  for  the  purposes  of  trade,  and  owned  by  a  com 
pany  of  four  of  them.6  This  was  the  beginning  of 
trade  on  Puget  Sound,  which  had  increased  consider 
ably  in  1852-3,  owing  to  the  demand  for  lumber  in 
San  Francisco.  The  towns  of  Olympia,  Steilacoom, 
Alki,  Seattle,  and  Port  Townsend  already  enjoyed 
some  of  the  advantages  of  commerce,  though  yet  in 
their  infancy.  A  town  had  been  started  on  Baker 
Bay,  which,  however,  had  but  a  brief  existence,  and 
settlements  had  been  made  on  Shoalwater  Bay  and 
Gray  Harbor,  as  well  as  on  the  principal  rivers  enter 
ing  them,  and  at  Cowlitz  Landing.  At  the  Cascades 
of  the  Columbia  a  town  was  surveyed  in  1850,  and 

ing,  besides  a  history  of  the  scientific  work  of  the  coast  survey,  many  original 
scraps  of  history,  biography,  and  anecdotes  of  persons  met  with  in  the  early 
years  of  the  service,  both  in  Oregon  and  California.  Published  entire  it  would 
be  read  with  interest.  It  is  often  a  source  of  regret  that  the  limits  of  my 
workj  extended  as  it  is,  preclude  the  possibility  of  extracting  all  that  is 
tempting  in  my  manuscripts. 
6 See  Hist.  Wash.,  this  series. 


POPULATION.  251 

trading  establishments  located  at  the  upper  and  lower 
falls;  and  in  fact,  the  map  of  that  portion  of  Oregon 
north  of  the  Columbia  had  marked  upon  it  in  "the 
spring  of  1852  nearly  every  important  point  which  is 
seen  there  to-day. 

Of  the  general  condition  of  the  country  south  of  the 
Columbia  at  the  period  of  the  division,  something  may 
be  here  said,  as  I  shall  not  again  refer  to  it  in  a  par 
ticular  manner.  The  population,  before  the  addition 
of  the  large  immigration  of  1852,  was  about  twenty 
thousand,  most  of  whom  were  scattered  over  the 
Willamette  Valley  upon  farms.  The  rage  for  laying 
out  towns,  which  was  at  its  height  from  1850  to 
1853,  had  a  tendency  to  retard  the  growth  of  any 
one  of  them.7  Oregon  City,  the  oldest  in  the  terri 
tory,  had  not  much  over  one  thousand  inhabitants. 
Portland,  by  reason  of  its  advantages  for  unloading 
shipping,  had  double  that  number.  The  other  towns, 
Milwaukie,  Salem,  Corvallis,  Albany,  Eugene,  Lafay 
ette,  Dayton,  and  Hillsboro,  and  the  newer  ones  in  the 
southern  valleys,  could  none  of  them  count  a  thousand.8 

7  Joel  Palmer  bought  the  claim  of  Andrew  Smith,  and  founded  the  town 
of  Dayton  about  1850.     Lafayette  was  the  property  of  Joel  Perkins,  Cor 
vallis  of  J.  C.  A  very,  Albany  of  the  Monteith  brothers,  Eugene  of  Eugene 
Skinner,  Canyonville  of  Jesse  Roberts,  who  sold  it  to  Marks,  Sideman  &  Co., 
who  laid  it  out  for  a  town. 

8  A  town  called  Milwaukie  was  surveyed  on  the  claim  of  Lot  Whitcomb. 
It  contained  500  inhabitants  in  the  autumn  of  1850,  more  than  it  had  thirty 
years  later.  Or.  Special  or,  Nov.  28,  1850.     Deady,  in  Overland  Monthly,  i.  37. 
Oswego,  on  the  west  bank  of  the  Willamette,  later  famous  for  its  iron- works, 
was  laid  out  about  the  same  time,  but  never  had  the  population  of  Milwaukie, 
of  which  it  was  the  rival.     Dallas,  in  Polk  county,  was  founded  in  1852. 
St  Helen,  on  the  Columbia,  was  competing  for  the  advantage  of  being  the 
seaport  of  Oregon,  and  the  Pacific  Mail  Steamship  Company  had  decreed 
that  so  it  should  be,  when  the  remonstrances,  if  not  the  sinister  acts,  of 
Portland  men  effected  the  ruin  of  ambitious  hopes.     St  Helen  was  on  the 
land  claim  of  H.  M.  Knighton,  an  immigrant  of  1845,  and  had  an  excellent 
situation.    Weed's  Queen  Charlotte  Isl.  Exp.,  MS.,  7.     'Milton  and  St  Helen, 

one  and  a  half  miles  apart,  on  the  Columbia,  had  each  20*  or  25  houses 

Gray,  a  Dane,  was  the  chief  founder  of  St  Helen.'    Saint- Amant,  Voyages 
en  CaL  et  Or. ,  3GS-9,  378.     It  was  surveyed  and  marked  out  in  lots  and  blocks 
by  P.  W.  Crawford,  assisted  by  W.  H.  Tappan,  and  afterward  mapped  by 
Joseph  Trutch,  later  of  Victoria,  B.  C.     A  road  was  laid  out  to  the  Tualatin 
plains^and  a  railroad  projected ;  the  steamship  company  erected  a  wharf  with 
other  improvements.     But  meetings  were  held  in  Portland  to  prevent  the 


252  SURVEYS  AND  TOWN-MAKING. 

Some  ambitious  persons  attempted  to  get  a  county 
organization  for  the  country  east  of  the  Cascade 
Mountains  in  the  winter  of  1852-3,  to  which  the  leg- 
stopping  of  the  steamers  below  that  town,  and  successive  fires  destroyed  the 
company's  improvements  at  St  Helen,  compelling  their  vessels  to  go  to  the 
former  place. 

Milton,  another  candidate  for  favor,  was  situated  on  Scappoose  Bay,  an 
arm  of  the  Willamette,  just  above  St  Helen.  It  was  founded  by  sea  cap 
tains  Nathan  Crosby  and  Thomas  H.  Smith,  who  purchased  the  Hunsaker 
mills  on  Milton  Creek,  where  they  made  lumlDer  to  load  the  bark  Louisiana, 
which  they  owned.  They  also  opened  a  store  there,  and  assisted  iii  building 
the  road  to  the  Tualatin  plains.  Several  sea-going  men  invested  in  lots,  and 
business  for  a  time  was  brisk.  But  all  their  brilliant  hopes  were  destined  to 
destruction,  for  there  came  a  summer  flood  which  swept  the  town  away. 
Captains  Drew,  Menzies,  Pope,  and  Williams  were  interested  in  Milton. 
Crawford's  Nar.,  MS.,  223.  Among  the  settlers  in  the  vicinity  of  St  Helen 
and  Milton  was  Capt.  F.  A.  Lemont,  of  Bath,  Maine,  who  as  a  sailor  accom 
panied  Capt.  Dominis  when  he  entered  the  Columbia  in  1829-30.  He  was  after 
ward  on  Wyeth's  vessel,  the  May  Dacre,  which  was  in  the  river  in  1834.  Re 
turning  to  Oregon  after  having  been  master  of  several  vessels,  he  settled  at 
St  Helen  in  1850,  where  he  still  resides.  Of  the  early  residents  Lemont  has 
furnished  me  the  following  list  from  memory:  Benjamin  Durell,  Witherell,  W. 
H.  Tappan,  Joseph  Trutch,  John  Trutch,  L.  C.  Gray,  Aaron  Broyles,  James 
G.  Hunter,  Dr  Adlum,  Hiram  Field,  Seth  Pope,  John  Dodge,  George  Thing, 
William  English,  William  Hazard,  Benjamin  Teal,  B.  Conley,  William 
Meeker,  Charles  H.  Reed,  Joseph  Caples,  Joseph  Cunningham,  A.  E.  Clark, 
Robert  Germain,  G.  W.  Veasie,  C.  Carpenter,  J.  Carpenter,  Lockwood,  Lit 
tle,  Tripp,  Berry,  Dunn,  Burrows,  Fiske,  Layton,  Kearns,  Holly,  Maybee, 
Archilles,  Cortland,  and  Atwood,  with  others.  Knighton,  the  owner  of  St 
Helen,  is  pronounced  by  Crawford  a  'presumptuous  man,'  because  while 
knowing  nothing  about  navigation,  as  Crawford  affirms,  he  undertook  to 
pilot  the  Silvie  de  Grasse  to  Astoria,  running  her  upon  the  rock  where  she 
was  spitted.  He  subsequently  sailed  a  vessel  to  China,  and  finally  engaged 
as  a  captain  on  the  Willamette.  Knighton  died  at  The  Dalles  about  1864. 
His  wife  was  Elizabeth  Martin  of  Yamhill  county.  He  left  several  children 
in  Washington. 

Westport,  on  the  Columbia,  thirty  miles  above  Astoria,  was  settled  by 
John  West  in  1851;  and  Rainier,  opposite  the  Cowlitz,  by  Charles  E.  Fox  in 
the  same  year.  It  served  for  several  years  as  a  distributing  point  for  mail 
and  passengers  to  and  from  Puget  Sound.  Frank  Warren,  A.  Harper  and 
brother,  and  William  C.  Moody  were  among  the  residents  at  Rainier.  Craw 
ford's  Nar.,  MS.,  260.  At  or  near  The  Dalles  there  had  been  a  solitary  set 
tler  ever  since  the  close  of  the  Cayuse  war;  and  also  a  settler  named  Tomlin- 
son,  and  two  Frenchmen  on  farms  in  Tygh  Valley,  fifty  miles  or  more  south  of 
The  Dalles.  These  pioneers  of  eastern  Oregon,  after  the  missionaries,  made 
money  as  well  as  a  good  living,  by  trading  in  cattle  and  horses  with  emi 
grants  and  Indians,  which  they  sold  to  the  miners  in  California.  After  the 
establishment  of  a  military  post  at  The  Dalles,  it  required  a  government 
license,  issued  by  the  sup.  of  Indian  affairs,  to  trade  anywhere  above  the 
Cascades,  and  a  special  permission  from  the  commander  of  the  post  to  trade 
at  this  point.  John  C.  Bell  of  Salem  was  the  first  trader  at  The  Dalles,  as 
he  was  sutler  for  the  army  at  The  Dalles  in  1850.  When  the  rifle  regiment 
were  ordered  away,  Bell  sold  to  William  Gibson,  who  then  became  sutler. 
In  1851  A.  McKinlay  &  Co..  of  Oregon  City,  obtained  permission  to  estab 
lish  a  trading  post  at  The  Dalles,  and  building  a  cabin  they  placed  it  in 
charge  of  Perrin  Whitman.  In  1852,  they  erected  a  frame  building  west  of 
the  present  Umatilla  House,  which  they  used  as  a  store,  but  sold  the  follow 
ing  year  to  Simms  and  Humason.  W.  C.  Laughlin  took  a  land  claim  this 


COUNTY  ORGANIZATION.  253 

islature  would  have  consented  if  they  had  agreed  to 
have  the  new  county  attached  to  Clarke  for  judicial 
purposes;  but  this  being  objected  to,  and  the  popula 
tion  being  scarce,  the  legislature  declined  to  create 
the  county,  which  was  however  established  in  Janu 
ary  1854,  and  called  Wasco.9  In  the  matter  of  other 
county  organizations  south  of  the  Columbia,  the  leg 
islature  was  ready  to  grant  all  petitions  if  not  to  an 
ticipate  them.  In  1852-3  it  created  Jackson,  includ- 

year  and  built  a  house  upon  it.  A  Mr  Bigelow  brought  a  small  stock  of 
goods  to  The  Dalles,  chiefly  groceries  and  liquors,  and  built  a  store  the  fol 
lowing  year;  and  William  Gibson  moved  his  store  from  the  garrison  grounds 
to  the  town  outside.  It  was  subsequently  purchased  by  Victor  Trevitt,  who 
kept  a  saloon  called  the  Mount  Hood. 

In  the  autumn  of  1852,  companies  K  and  I  of  the  4th  inf.  reg.,  under 
Capt.  Alvord,  relieved  the  little  squad  of  artillery  men  who  had  garrisoned 
the  post  since  the  departure  of  the  rifle  regiment.  It  was  the  post  which 
formed  the  nucleus  of  trade  and  business  at  The  Dalles,  and  which  made  it 
necessary  to  improve  the  means  of  transportation,  that  the  government  sup 
plies  might  be  more  easily  and  rapidly  conveyed.  The  immigration  of  18o2 
were  not  blind  to  the  advantages  of  the  location,  and  a  number  of  claims 
were  taken  on  the  small  streams  in  the  neighborhood  of  The  Dalles.  Ru 
mors  of  gold  discoveries  in  the  Cascade  Mountains  north  of  the  Columbia 
River  were  current  about  this  time.  H.  P.  Isaacs  of  Walla  Walla,  who  is 
the  author  of  an  intelligent  account  of  the  development  of  eastern  Oregon 
and  Washington,  entitled  The  Upper  Columbia  Basin,  MS.,  relates  that  a 
Klikitat  found  and  gave  to  a  Frenchman  a  piece  of  gold  quartz,  which  being 
exhibited  at  Oregon  City  induced  him  to  go  with  the  Indian  in  the  spring  of 
1853  to  look  for  it.  But  the  Klikitat  either  could  not  or  would  not  find  the 
place,  and  Isaacs  went  to  trade  with  the  immigrants  at  Fort  Bois6,  putting  a 
ferry  across  Snake  River  in  the  summer  of  that  year,  but  returning  to  The 
Dalles,  where  he  remained  until  1863,  when  he  removed  to  the  Walla  Walla 
Valley  and  put  up  a  grist  mill,  and  assisted  in  various  ways  to  improve  that 
section.  Isaacs  married  a  daughter  of  James  Fulton  of  The  Dalles,  of 
whom  I  have  already  made  mention.  A  store  was  kept  in  The  Dalles  by  L. 
J.  Henderson  and  Shang,  in  a  canvas  house.  They  built  a  log  house  the 
next  year.  Tompkins  opened  a  hotel  in  a  building  put  up  by  McKinlay  & 
Co.  Forman  built  a  blacksmith  shop,  and  Lieut.  Forsyth  erected  a  two- 
story  frame  house,  which  was  occupied  the  next  year  as  a  hotel  by  Gates. 
Gushing  and  Low  soon  put  up  another  log  store,  and  James  McAuliff  a  third. 
Dalies  Mountaineer,  May  28,  1869. 

9 Or.  Jour.  Council,  1852-3,  90;  Gen.  Laws  Or.,  544.  The  establishment 
of  Wasco  county  was  opposed  by  Major  Rains  of  the  4th  infantry  stationed 
at  Fort  Dalles  in  the  winter  of  1853-4.  He  said  that  Wasco  county  was  the 
largest  ever  known,  though  it  had  but  about  thirty-five  white  inhabitants, 
and  these  claimed  a  right  to  locate  where  they  chose,  in  accordance  with  the 
act  of  Sept.  27,  1850.  Or.  Jour.  Council,  1853-4,  app.  49-50;  U.  S.  Sen.  Doc. 
16,  vol.  vi.  16-17,  33d  cong.  2d  sess.  Rains  reported  to  Washington,  which 
frustrated  for  a  time  the  efforts  of  Lane  to  get  a  bill  through  congress  regu 
lating  bounty  warrants  in  Oregon,  it  being  feared  that  some  of  them  might 
be  located  in  Wasco  county.  Or.  Statesman,  March  20,  1855;  Cong.  Globe, 
33d  cong.  2d  sess.,  490.  Wm  C.  Laughlin,  Warren  Keith,  and  John  Tomp 
kins  were  appointed  commissioners,  J.  A.  Simms  sheriff,  and  Justin  Chen- 
oweth,  judge. 


254  SURVEYS  AND  TOWN-MAKING. 

ing  the  valley  of  Rogue  River  and  the  country  west 
of  it  to  the  Pacific.  At  the  session  of  1853,  it  created 
Coos  county  from  the  western  portion  of  Jackson, 
Tillamook  from  the  western  part  of  Yamhill,  and 
Columbia  from  the  northern  end  of  Washington  coun 
ty.  The  county  seat  of  Douglas  was  changed  from 
Winchester  to  Roseburg  by  election,  according  to  an 
act  of  the  legislature. 

The  creation  of  new  counties  and  the  loss  of  those 
north  of  the  Columbia  called  for  another  census,  and 
the  reclistricting  of  the  territory  of  Oregon,  with  the 
reapportionment  of  members  of  the  legislative  assem 
bly,  which  consisted  under  the  new  arrangement  of 
thirty  members.  The  first  judicial  district  was  made 
to  comprise  Marion,  Linn,  Lane,  Benton,  and  Polk, 
and  was  assigned  to  Judge  Williams.  The  second 
district,  consisting  of  Washington,  Clackainas,  Yam- 
hill,  and  Columbia,  to  Judge  Olney;  while  the  third, 
comprising  Umpqua,  Douglas,  Jackson,  and  Coos, 
was  given  to  McFadden,  who  held  it  for  one  term 
only,  when  Deady  was  reinstated. 

Notwithstanding  the  Indian  disturbances  in  south 
ern  Oregon,  its  growth  continued  to  be  rapid.  The 
shifting  nature  of  the  population  may  be  inferred  from 
fact  that  to  Jackson  county  was  apportioned  four  rep 
resentatives,  while  Marion,  Washington,  and  Clacka- 
mas  were  each  allowed  but  three.10 

A  scheme  was  put  on  foot  to  form  a  new  territory 
out  of  the  southern  countries  with  a  portion  of  north 
ern  California,  the  movement  originating  at  Yreka, 
where  it  was  advocated  by  the  Mountain  Herald.  A 
meeting  was  held  at  Jacksonville  January  7,  1854, 
which  appointed  a  convention  for  the  25th.  Memo 
rials  were  drafted  to  congress  and  the  Oregon  and 
California  legislatures.  The  proceedings  of  the  con 
vention  were  published  in  the  leading  journals  of  the 
coast,  but  the  project  received  no  encouragement  from 

10  Or.  Statesman,  Feb.  14,  1854. 


STEAMERS  ON  THE  WILLAMETTE.  255 

legislators,  nor  did  Lane  lend  himself  to  the  scheme 
farther  than  to  present  the  memorial  to  congress.11 
On  the  contrary,  he  wrote  to  the  Jacksonville  malecon- 
tents  that  he  could  not  approve  of  their  action,  which 
would,  as  he  could  easily  discern,  delay  the  admission 
of  Oregon  as  a  state,  a  consummation  wished  for  by 
his  supporters,  to  whom  he  essayed  to  add  the  demo 
crats  of  southern  Oregon.  Nothing  further  was 
thenceforward  heard  of  the  projected  new  territory.12 

Nothing  was  more  indicative  of  the  change  taking 
place  with  the  introduction  of  gold  than  the  improve 
ment  in  the  means  of  transportation  on  the  Willamette 
and  Columbia  rivers,  which  was  now  performed  by 
steamboats.13 

11  U.  S.  H.  Jour.,  609,  33d  cong.  1st  sess. 

12  The  Oregon  men  known  to  have  been  connected  with  this  movement 
were  Samuel  Culver,  T.  McFadden  Patton,  L.  F.  Mosher,  D.  M.  Kenny,  S. 
Ettlinger,  Jesse  Richardson,  W.  W.  Fowler,  C.  Sims,  Anthony  Little,  S.  C. 
Graves,  W.   Burt,  George  Dart,  A.  Mclntire,  G.  L.  Snelling,  C.  S.  Drew, 
John  E.  Ross,  Richard  Dugan,  Martin  Angell,  and  J.  A.  Lupton.     Those 
from  the  south  side  of  the  Siskiyou  Mountains  were  E.  Steele,  H.  G.  Ferris, 
C.  N.  Thornbury,  E.  J.  Curtis,  E.  Moore,  O.  Wheelock,  and  J.  Darrough. 
Or.  Statesman,  Feb.  7  and  28,  1854. 

13  The  first  steamboat  built  to  run  upon  these  waters  was  called  the  Colum 
bia.     She  was  an  oddly  shaped  and  clumsy  craft,  being  a  double-ender,  like  a 
ferry-boat.     Her  machinery  was  purchased  in  California  by  James  Frost,  one 
of  the  followers  of  the  rifle  regiment,  who  brought  it  to  Astoria,  where  his 
boat  was  built.     Frost  was  sutler  to  the  regiment  in  which  his  brother  was 
quartermaster.     He  returned  to  Missouri,  and  in  the  civil  war  held  a  com 
mand  in  the  rebellious  militia  of  that  state.     His  home  was  afterward  in  St 
Louis.  Deady,  in  McCracken's  Portland,  MS.,  7.     It  was  a  slow  boat,  taking 
26  hours  from  Astoria  to  Oregon  City,  to  which  point  she  made  her  first  voy 
age  July  4,  1850.  S.  F.  Pac.  News,  May  11,  July  24,  and  Aug.  1,  1850;  S. 
F.  Herald,  July  24,  1850;  Portland  Standard,  July  8,  1870. 

The  second  venture  in  steam  navigation  was  the  Lot  Whitcomb  of  Oregon, 
named  after  her  owner,  built  at  Milwaukie,  and  launched  with  much  cere 
mony  on  Christmas,  1850.  She  began  running  in  March  following.  The 
name  was  selected  by  a  committee  nominated  in  a  public  meeting  held  for  the 
purpose,  W.  K.  Kilborn  in  the  chair,  and  A.  Bush  secretary.  The  commit 
tee,  A.  L.  Lovejoy,  Hector  Campbell,  W.  W.  Buck,  Capt.  Kilborn,  and  Gov 
ernor  Gaines,  decided  to  give  her  the  name  of  her  owner,  who  was  presented 
with  a  handsome  suit  of  colors  by  Kilborn,  Lovejoy,  and  N.  Ford  for  the 
meeting.  Or.  Spectator,  Dec.  12,  1850,  and  June  27,  1851.  She  was  built  by 
a  regular  ship-builder,  named  Hanscombe,  her  machinery  being  purchased  in 
San  Francisco.  Deady 's  Hist.  Or.,  MS.,  21;  McCracken's  Portland,  MS.,  11; 
Briytfs  Port  Townsend,  MS.,  22;  Sacramento  Transcript,  June  29,  1850; 
Overland  Monthly,  i.  37.  In  the  summer  of  1853  the  Whitcomb  was  sold  to 
a  California  company  for  $50,000,  just  $42,000  more  than  she  cost.  The  Lot 
Whitcomb  was  greatly  superior  to  the  first  steamer.  Both  obtained  largo 
prices  for  carrying  passengers  and  freight,  and  for  towing  sailing  vessels  on 


256  SURVEYS  AND  TOWN-MAKING. 

The  navigation  of  the  Willamette  was  much  im 
peded  by  rocks  and  rapids.  On  the  Clackamas  rapids 
below  Oregon  City,  thirty  thousand  dollars  was  ex 
pended  in  removing  obstructions  to  steamers,  and  the 
channel  was  also  cleared  to  Salem  in  1852.  The 
Tualatin  River  was  made  navigable  for  some  distance 
by  private  enterprise.  A  canal  was  made  to  connect 

the  Columbia.  McCracken  says  he  paid  two  ounces  of  gold-dust  for  a  pas 
sage  on  the  Columbia  from  Astoria  to  Portland  which  lasted  two  days,  sleep 
ing  on  the  upper  deck,  the  steamer  having  a  great  many  on  board.  Portland, 
MS.,  4.  When  the  Whitcomb  began  running  the  fare  was  reduced  to  815. 
John  McCracken  came  to  Oregon  from  California,  where  he  had  been  in  mer 
cantile  pursuits  at  Stockton,  in  November  1849.  He  began  business  in 
Oregon  City  in  1850,  selling  liquors,  and  was  interested  in  the  Island  mill. 
He  subsequently  removed  to  Portland,  where  he  became  a  large  owner  in 
shipping,  steamboats,  and  merchandising.  His  wife  was  a  daughter  of  Dr 
Barclay  of  Oregon  City,  formerly  of  the  H.  B.  Co. 

From  the  summer  of  1851,  steamboats  multiplied,  though  the  fashion  of 
them  was  not  very  commodious,  nor  were  they  elegant  in  their  appointment, 
but  they  served  the  purpose,  for  which  they  were  introduced,  of  expediting 
travel. 

The  third  river  steamboat  was  the  Black  Hawk,  a  small  iron  propeller 
brought  out  from  New  York,  and  run  between  Portland  and  Oregon  City,  the 
Lot  Whitcomb  being  too  deep  to  get  over  the  Clackamas  rapids.  The  Wil 
lamette,  a  steam  schooner  belonging  to  Howland  and  Aspinwall,  arrived  in 
March  1853,  by  sailing  vessel,  being  put  together  on  the  upper  Willamette, 
finished  in  the  autumn,  and  run  for  a  season,  after  which  she  was  brought 
over  the  falls,  and  used  to  carry  the  mail  from  Astoria  to  Portland;  but  the 
arrival  of  the  steamship  Columbia,  which  went  to  Portland  with  the  mails, 
rendered  her  services  unnecessary,  and  she  was  sold  to  a  company  composed 
of  Murray,  Hoyt,  Breck,  and  others,  who  took  her  to  California,  where  she 
ran  as  an  opposition  boat  on  the  Sacramento,  and  was  finally  sold  to  the  Cali 
fornia  Steam  Navigation  Company.  The  Willamette  was  a  side- wheel  steamer 
and  finished  in  fine  style,  but  not  adapted  to  the  navigation  of  the  Willam 
ette  River.  Athens  Workshops,  MS.,  5;  Or.  Spectator,  Sept.  30,  1851.  The 
Hoosier,  built  to  run  on  the  upper  river,  was  finished  in  May  1851,  and  the 
Yamhill  in  August.  In  the  autumn  of  the  same  year  a  small  iron  steamer, 
called  the  Bully  Washington,  was  placed  on  the  lower  river.  This  boat  was 
subsequently  taken  to  the  Umpqua,  where  she  ran  until  a  better  one,  the 
Hinsdale,  owned  by  Hinsdale  and  Lane,  was  built.  The  Mnltnornah  was  also 
built  this  year,  followed  by  the  Gazelle,  in  1852,  handsomely  finished,  for 
the  upper  river  trade.  She  ran  a  few  months  and  blew  up,  killing  two  per 
sons  and  injuring  others.  The  Castle  and  the  Oregon  were  also  running  at 
this  time.  On  the  Upper  Columbia,  between  the  Cascades  and  The  Dalles, 
the  steamer  James  P.  Flint  was  put  on  in  the  autumn  of  1851.  She  was 
owned  by  D.  F.  Bradford  and  others.  She  struck  a  rock  and  sunk  while 
bringing  down  the  immigration  of  1852,  but  was  raised  and  repaired.  She 
was  commanded  by  Van  Berger,  mate  J.  W.  Watkins.  Dalles  Mountaineer, 
May  28,  18(59.  The  Belle  and  the  Eagfe,  two  small  iron  steamers,  were  run 
ning  on  the  Columbia  about  this  time.  The  Belle  was  built  at  Oregon  City 
for  Wells  and  Williams.  The  Eagle  was  brought  to  Oregon  by  John  Irving, 
who  died  in  Victoria  in  1874.  The  Fash/on  ran  to  the  Cascades  to  connect 
with  the  Flint.  Further  facts  concerning  the  history  of  steamboating  will  be 
brought  out  in  another  part  of  this  work,  this  brief  abstract  being  intended 
only  to  show  the  progress  made  from  1850  to  1853. 


PROSPEROUS  FARMING.  257 

La  Creole  River  with  the  Willamette.  The  Yamhill 
River  was  spanned  at  Lafayette  with  a  strong  double- 
track  bridge  placed  on  abutments  of  hewn  timber, 
bolted  and  filled  with  earth,  and  raised  fifty  feet 
above  low  water.14  This  was  the  first  structure  of 
the  kind  in  the  country.  The  Rockville  Canal  and 
Transportation  Company  was  incorporated  in  Febru 
ary  1853,  for  the  purpose  of  constructing  a  basin  or 
breakwater  with  a  canal  at  and  around  the  falls  of  the 
Willamette,  which  work  was  completed  by  December 
1854,  greatly  increasing  the  comfort  of  travel  by 
avoiding  the  portage.15 

In  1851  the  fruit  trees  set  out  in  1847  began  to 
bear,  so  that  a  limited  supply  of  fruit  was  furnished 
the  home  market;16  and  two  years  later  a  shipment 
was  made  out  of  the  territory  by  Meek  and  Luell- 
ing,  of  Milwaukie,  who  sold  four  bushels  of  apples  in 
San  Francisco  for  five  hundred  dollars.  The  following 
year  they  sent  forty  bushels  to  the  same  market, 
which  brought  twenty-five  hundred  dollars.  In  1861 
the  shipment  of  apples  from  Oregon  amounted  to  over 
seventy-five  thousand  bushels;17  but  they  no  longer 

U0r.  Statesman,  Sept.  23,  1851. 

™Id.,  Feb.  26,  1853.  Deady  gives  some  account  of  this  important  work 
in  his  Hist.  Or.,  MS.,  28.  A  man  named  Page  from  California,  representing 
capital  in  that  state,  procured  the  passage  of  the  act  of  incorporation.  The 
project  was  to  build  a  basin  on  the  west  side  of  the  river  above  the  falls,  with 
mills,  and  hoisting  works  to  lift  goods  above  the  falls,  and  deposit  them  in 
the  basin,  instead  of  wagoning  them  a  mile  or  more  as  had  been  done.  They 
constructed  the  basin,  and  erected  mills  at  its  lower  edge.  The  hoisting 
works  were  made  with  ropes,  wheels,  and  cages,  in  which  passsengers  and 
goods  were  lifted  up.  Page  was  killed  by  the  explosion  of  the  Gazelle,  owned 
by  the  company,  after  which  the  enterprise  went  to  pieces  through  suits 
brought  against  the  company  by  employes,  and  the  property  fell  into  the 
hands  of  Kelley,  one  of  the  lawyers,  and  Robert  Pentland.  In  the  winter  of 
1860-1,  the  mills  and  all  were  destroyed  by  fire,  when  works  of  a  similar 
nature  were  commenced  on  the  east  side  of  the  river,  where  they  remained 
until  the  completion  of  the  canal  and  locks  on  the  west  side,  of  a  recent  date. 

16  On  McCaryer's  farm,  one  mile  east  of  Oregon  City,  was  an  orchard  of 
15  acres  containing  200  apple-trees,  and  large  numbers  of  pears,  plums,  apri 
cots,  cherries,  nectarines,  and  small  fruits.     It  yielded  this  year  15  bushels  of 
currants,  and  a  full  crop  of  the  aboA^e-named  fruits.  Or.  Statesman,  July  29, 
1851.     In  1852,  R.  C.  Geer  advertised  his  nursery  as  containing  42  varieties 
of  apples,  15  of  pears,  5  of  peaches,  and  6  of  cherries.     Thomas  Cox  raised 
a  Rhode  Island  greening  12£  inches  in  circumference,  a  good  size  for  a  young 
tree.  Id.,  Dec.  18,  1852. 

17  Id.,  Sept.  22, 1862;  Oregonian,  July  15, 1862;  Overland  Monthly,  i.  39. 

HIST.  Oa.,  VOL.  II.  17 


253  SURVEYS  AND  TOWN-MAKING. 

were  worth  their  weight  in  gold.  The  productiveness 
of  the  country  in  every  way  was  well  established  be 
fore  1853,  as  may  be  seen  in  the  frequent  allusions  to 
extraordinary  growth  and  yield.18  If  the  farmer  was 
not  comfortable  and  happy  in  the  period  between  1850 
and  1860,  it  was  because  he  had  not  in  him  the  ca 
pacity  for  enjoying  the  bounty  of  unspoiled  nature, 
and  the  good  fortune  of  a  ready  market;  and  yet 
some  there  were  who  in  the  midst  of  affluence  lived 
like  the  starveling  peasantry  of  other  countries,  from 
simple  indifference  to  the  advantages  of  comfort  in 
their  surroundings.1 


19 


The  imports  in  1852-3,  according  to  the  commerce 
and  navigation  reports,  amounted  to  about  $84,000, 
but  were  probably  more  than  that.  Direct  trade 
with  China  was  begun  in  1851,  the  brig  Amazon 
bringing  a  cargo  of  tea,  coffee,  sugar,  syrup,  and 
other  articles  from  Whampoa  to  Portland,  consigned 
to  Norris  and  Company.  The  same  year  the  schooner 
John  Alleyne  brought  a  cargo  of  Sandwich  Islands 
products  consigned  to  Allen  McKinlay  and  Company 
of  Oregon  City,  but  nothing  like  a  regular  trade  with 
foreign  ports  was  established  for  several  years  later, 
and  the  exports  generally  went  no  farther  than  San 
Francisco.  Farming  machinery  did  not  begin  to  be 
introduced  till  1852,  the  first  reaper  brought  to  Ore 
gon  being  a  McCormick,  which  found  general  use 
throughout  the  territory.20  As  might  be  expected, 
society  improved  in  its  outward  manifestations,  and 
the  rising  generation  were  permitted  to  enjoy  privi- 

18 One  bunch  of  257  stalks  of  wheat  from  Geer's  farm,  Marion  county,  av 
eraged  60  grains  to  the  head.  On  Hubbard's  farm  in  Yamhill,  one  head  of 
timothy  measured  14  inches.  Oats  on  McVicker's  farm  in  Clackamas  stood 
over  8  feet  in  height.  In  the  Covvlitz  Valley  one  hill  of  potatoes  weighed 
53  pounds  and  another  40.  Two  turnips  would  fill  a  half-bushel  measure. 
Tolmie,  at  Nisqually,  raised  an  onion  that  weighed  a  pound  and  ten  ounces. 
Columbian,  Nov.  18,  1851.  The  troops  at  Steilacoom  raised  on  12  acres  of 
ground  5,000  bushels  of  potatoes,  some  of  which  weighed  two  pounds  each. 
Or.  Spectator,  Nov.  18,  1851. 

™I)e  Boio's  EncycL,  xiv.  603-4;  Fisher  and  Colbtfs  Am.  Statistics,  429-30. 

20  Or.  Statesman,  July  24,  1852. 


TRADE  AND  SOCIETY.  259 

leges  which  their  parents  had  only  dreamed  of  when 
they  set  their  faces  toward  the  far  Pacific — the  priv 
ileges  of  education,  travel,  and  intercourse  with  older 
countries,  as  well  as  ease  and  plenty  in  their  Oregon 
homes.21  And  yet  this  was  only  the  beginning  of  the 
end  at  which  the  descendants  of  the  pioneers  were 
entitled  by  the  endurance  of  their  fathers  to  arrive. 

21  The  7th  U.  S.  census  taken  in  1850  shows  the  following  nativities  for  Or 
egon:  Missouri,  2,206;  Illinois,  1,023;  Kentucky,  over  700;  Indiana,  over  700; 
Ohio,  over  600;  New  York,  over  600;  Virginia,  over  400;  Tennessee,  over  400; 
Iowa,  over  400;  Pennsylvania,  over  300;  North  Carolina,  over  200;  Massachu 
setts,  187;  Maine,  129;  Vermont,  111;  Connecticut,  72;  Maryland,  73;  Arkan 
sas,  61;  New  Jersey,  69;  and  in  all  the  other  states  less  than  50  each,  the 
smallest  number  being  from  Florida.  The  total  foreign  population  was  1, 159, 
300  of  whom  were  natives  of  British  America,  207  English,  about  200  Irish, 
over  100  Scotch,  and  150  German.  The  others  were  scattering,  the  greatest 
number  from  any  other  foreign  country  being  45  from  France;  unknown,  143; 
in  all  13,043.  Abstract  of  the  7th  Census,  16;  Moseletfs  Or.,  1850-75,  93; 
De  Bow's  EncycL,  xiv.  591-600.  These  are  those  who  are  more  strictly 
classed  as  pioneers;  those  who  came  after  them,  from  1850  to  1853,  though 
assisting  so  much,  as  I  have  shown,  in  the  development  of  the  territory,  were 
only  pioneers  in  certain  things,  and  not  pioneers  in  the  larger  sense. 


CHAPTEE  X. 

LAND  LAWS  AND  LAND  TITLES. 

1851-1855. 

THE  DONATION  LAW — ITS  PROVISIONS  AND  WORKINGS — ATTITUDE  OF  CON 
GRESS — POWERS  OF  THE  PROVISIONAL  GOVERNMENT — QUALIFICATION  OF 
VOTERS  —  SURVEYS  —  RIGHTS  OF  WOMEN  AND  CHILDREN  —  AMEND- 
MENTS — PREEMPTION  PRIVILEGES — DUTIES  OF  THE  SURVEYOR  GENERAL 
— CLAIMANTS  TO  LANDS  OF  THE  HUDSON'S  BAY  AND  PUGET  SOUND  COM 
PANIES — MISSION  CLAIMS — METHODISTS,  PRESBYTERIANS,  AND  CATHO 
LICS—PROMINENT  LAND  CASES— LITIGATION  IN  REGARD  TO  THE  SITE  OF 
PORTLAND — THE  RIGHTS  OF  SETTLERS— THE  CARUTHERS  CLAIM — THE 
DALLES  TOWN-SITE  CLAIM — PRETENSIONS  OF  THE  METHODISTS — CLAIMS 
OF  THE  CATHOLICS — ADVANTAGES  AND  DISADVANTAGES  OF  THE  DONATION 
SYSTEM. 

A  SUBJECT  which  was  regarded  as  of  the  highest 
importance  after  the  passage  of  the  donation  act  of 
September  27,  1850,  was  the  proper  construction  of 
the  law  as  applied  to  land  claims  under  a  variety  of 
circumstances.  A  large  amount  of  land,  including 
the  better  portions  of  the  Willamette  Valley,  had 
been  taken,  occupied,  and  to  some  extent  improved 
under  the  provisional  government,  and  its  land  law; 
the  latter  having  undergone  several  changes  to  adapt 
it  to  the  convenience  and  best  interests  of  the  people, 
as  I  have  noted  elsewhere. 

The  provisional  legislative  assemblies  had  several 
times  memorialized  congress  on  the  subject  of  con 
firming  their  acts,  on  establishing  a  territorial  gov 
ernment  in  Oregon,  chiefly  with  regard  to  preserving 
the  land  law  intact.  Their  petition  was  granted  with 
regard  to  every  other  legislative  enactment  excepting 
that  affecting  the  titles  to  lands;  and  with  regard  to 

(260) 


^f% 

DONATION  LA\*  UKIVERSITY 

this,  the  organic  act  expressly  saiotfett^SsPffB  pre 
viously  passed  in  any  way  affecting  the  title  to  lands 
should  be  null  and  void,  and  the  legislative  assembly 
should  be  prohibited  from  passing  any  laws  interfer 
ing  with  the  primary  disposal  of  the  soil  which  be 
longed  to  the  United  States.  The  first  section  of 
that  act,  however,  made  an  absolute  grant  to  the  mis 
sionary  stations  then  occupied,  of  640  acres,  with  the 
improvements  thereon. 

Thus  while  the  missionary  stations,  if  there  were 
any  within  the  meaning  of  the  act  of  that  time,  had 
an  incontrovertible  right  and  title,  the  settlers,  whose 
means  were  often  all  in  their  claims,  had  none  what 
ever;  and  in  this  condition  they  were  kept  for  a 
period  of  two  years,  or  until  the  autumn  of  1850, 
when  their  rights  revived  under  the  donation  law, 
whose  beneficent  provisions  all  recognized. 

This  law,  which  I  have  not  yet  fully  reviewed,  pro 
vided  in  the  first  place  for  the  survey  of  the  public 
lands  in  Oregon.  It  then  proceeded  to  grant  to  every 
white  settler  or  occupant  of  the  public  lands,  Ameri 
can  half-breeds  included,  over  eighteen  years  of  age, 
and  a  citizen  of  the  United  States,  or  having  declared 
his  intention  according  to  law  of  becoming  such,  or 
who  should  make  such  declaration  on  or  before  the 
first  day  of  December  1851,  then  residing  in  the  ter 
ritory,  or  becoming  a  resident  before  December  1850 
— a  provision  made  to  include  the  immigration  of  that 
year — 640  acres  to  a  married  man,  half  of  which  was 
to  belong  to  his  wife  in  her  own  right,  and  320  acres 
to  a  single  man,  or  if  he  should  become  married  within 
a  year  from  the  1st  of  December  1850,  320  more  to 
his  wife,  no  patents  to  issue  until  after  a  four  years5 
residence. 

At  this  point  for  the  first  time  the  act  took  cog 
nizance  of  the  provisional  law  making  the  surviving 
children  or  heirs  of  claimants  under  that  law  the  le 
gal  heirs  also  under  the  donation  law;  this  provision 
applying  as  well  to  the  heirs  of  aliens  who  had  de- 


262  LAND  LAWS  AND  LAND  TITLES. 

clared  their  intention  to  become  naturalized  citizens 
of  the  United  States,  but  who  died  before  completing 
their  naturalization,  as  to  native-born  citizens.  The 
several  provisos  to  this  part  of  the  land  law  declared 
that  the  donation  should  embrace  the  land  actually 
occupied  and  cultivated  by  the  settler  thereon;  that 
all  sales  of  land  made  before  the  issuance  of  patents 
should  be  void ;  and  lastly,  that  those  claiming  under 
the  treaty  with  Great  Britain  could  not  claim  under 
the  donation  act. 

Then  came  another  class  of  beneficiaries.  All  white 
male  citizens  of  the  United  States,  or  persons  who 
should  have  made  a  declaration  of  their  intention  to 
become  such,  above  twenty-one  years  of  age,  and  emi 
grating  to  and  settling  in  Oregon  after  December  1, 
1850,  and  before  December  1,  1853,  and  all  white  male 
American  citizens  not  before  provided  for  who  should 
become  twenty-one  years  of  age  in  the  territory  be 
tween  December  1851  and  December  1853,  and  who 
should  comply  with  the  requirements  of  the  law  as 
already  stated,  should  each  receive,  if  single,  160  acres 
of  land,  and  if  married  another  160  to  his  wife,  in  her 
own  right;  or  if  becoming  married  within  a  year  after 
his  arrival  in  the  territory,  or  one  year  after  becoming 
twenty-one,  the  same.  These  were  the  conditions  of 
the  gifts  in  respect  of  qualifications  and  time. 

But  further,  the  law  required  the  settler  to  notify 
the  surveyor  general  within  three  months  after  the 
survey  had  been  made,  where  his  claim  wras  located; 
or  if  the  settlement  should  commence  after  the  survey, 
then  three  months  after  making  his  claim;  and  the 
law  required  all  claims  after  December  1,  1850,  to  be 
bounded  by  lines  running  east  and  west  and  north 
and  south,  and  to  be  taken  in  compact  form.  Proof 
of  having  commenced  settlement  and  cultivation  had 
to  be  made  to  the  surveyor  general  within  twelve 
months  after  the  survey  or  after  settlement.  All  these 
terms  being  complied  with,  at  any  time  after  the  expira 
tion  of  four  years  from  date  of  settlement  the  sur- 


CONDITIONS  AND  QUESTIONS.  263 

veyor  general  might  issue  a  certificate,  when,  upon 
the  proof  being  complete,  a  patent  would  issue  from 
the  commissioner  of  the  general  land  office  to  the 
holder  of  the  claims.  The  surveyor  general  was  fur 
nished  with  judicial  power  to  judge  of  all  questions 
arising  under  the  act;  but  his  judgment  was  not  ne 
cessarily  final,  being  preliminary  only  to  a  final  decision 
according  to  the  laws  of  the  territory.  These  were 
the  principal  features  of  the  donation  law.1 

In  order  to  be  able  to  settle  the  various  questions 
which  might  arise,  it  was  necessary  first  to  decide  what 
constituted  naturalization,  or  how  it  was  impaired. 
The  first  case  which  came  up  for  consideration  was 
that  of  John  McLoughlin,  the  principal  features  of 
which  have  been  given  in  the  history  of  the  Oregon 
City  claim.  It  was  sought  in  this  case  to  show  a 
flaw  in  the  proceedings  on  account  of  the  imperfect 
organization  of  the  courts.  In  the  discussion  which 
followed,  and  for  which  Thurston  had  sought  to  pre 
pare  himself  by  procuring  legal  opinions  beforehand, 
considerable  alarm  was  felt  among  other  aliens.  S.  M. 
Holderness  applied  to  Judge  Pratt,  then  the  only  dis 
trict  judge  in  the  territory,  on  the  17th  of  May  1850, 
to  know  if  the  proceedings  were  good  in  his  case,  as 
many  others  were  similarly  situated,  and  it  was  im 
portant  to  have  a  precedent  established. 

Pratt  gave  it  as  his  opinion  that  the  Clacliamas 
county  circuit  court,  as  it  existed  on  the  27th  of 
March  1849,  was  a  competent  court,  within  the  mean 
ing  of  the  naturalization  laws,  in  which  a  declaration 
of  intention  by  an  alien  could  be  legally  made  as  a 
preparatory  step  to  becoming  a  citizen  of  the  United 
States;  the  naturalization  power  being  vested  in  con 
gress,  which  had  provided  that  application  might  be 
made  to  any  circuit,  district,  or  territorial  court,  or  to 
any  state  court  which  was  a  court  of  record,  having  a 

lSee  U.  8.  H.  Ex.  Doc.  ii.,  vol.  ii.  pt  iii.  5-8,  32d  cong.  1st  sess.;  Deadtfs 
Or.  Laws,  1845-64,  84-90;  Deadtfs  Or.  Gen.  Laws,  1843,  72,  63-75. 


264  LAND  LAWS  AND  LAND  TITLES. 

seal  and  clerk;  and  the  declaration  might  be  made 
before  the  clerk  of  one  of  the  courts  as  well  as  before 
the  court  itself.  The  only  question  was  whether  the 
circuit  court  of  Clackamas  county,  in  the  district  of 
Oregon,  was  on  the  24th  of  March,  1849,  or  about  that 
time,  a  territorial  court  of  the  United  States. 

Congress  alone  had  authority  to  make  all  needful 
rules  and  regulations  respecting  the  territory  and 
other  property  of  the  United  States,  and  that  power 
was  first  exercised  in  Oregon,  and  an  organized  gov 
ernment  given  to  it  by  the  congressional  act  of  Au 
gust  14,  1848.  It  went  into  effect,  and  the  territory 
had  a  legal  existence  from  and  after  its  passage,  and 
the  laws  of  the  United  States  were  at  the  same  time 
extended  over  the  territory,  amongst  the  others,  that 
of  the  naturalization  of  aliens.  But  it  was  admitted 
that  the  benefits  to  be  derived  from  proceedings  un 
der  these  laws  would  be  practically  valueless  unless 
the  machinery  of  justice  was  at  the  same  time  pro 
vided  to  aid  in  their  administration  and  enforcement. 
Congress  had  not  omitted  this;  but  there  existed  an 
extraordinary  state  of  things  in  Oregon  which  made 
it  unlike  other  territorial  districts  at  the  date  of  its 
organization.  Unusual  means  had  therefore  been  pro 
vided  to  meet  the  emergency.  Without  waiting  to  go 
through  the  ordinary  routine  of  directing  the  electing 
of  a  legislative  body  to  assemble  and  frame  a  code  of 
statutes,  laws  were  at  once  provided  by  the  adoption 
of  those  already  furnished  to  their  hand  by  the  neces 
sities  of  the  late  provisional  government;  and  in  ad 
dition  to  extending  the  laws  of  the  United  States 
over  the  territory,  it  was  declared  that  the  laws  thus 
adopted  should  remain  in  force  until  modified  or  re 
pealed.  Congress  had  thus  made  its  own  a  system 
of  laws  which  had  been  in  use  by  the  people  before 
the  territory  had  a  legal  existence.  Among  those 
laws  was  one  creating  and  establishing  certain  courts 
of  record  in  each  county,  known  as  circuit  courts;  and 
one  of  those  courts  composing  the  circuit  was  that  of 


ATTITUDE  OF  CONGRESS.  265 

the  county  of  Clackamas,  which  tribunal  congress  had 
adopted  as  a  territorial  court  of  the  United  States. 
The  permanent  judicial  power  provided  for  in  the  or 
ganic  act  was  not  in  force,  or  had  not  superseded  the 
temporary  courts,  because  it  had  not  at  that  time  en 
tered  upon  the  discharge  of  its  duties,  Chief  Justice 
Bryant  not  assuming  the  judicial  ermine  in  Oregon 
until  the  23d  of  May  1849,  the  cases  in  question  oc 
curring  in  March.2  To  the  point  attempted  to  be  made 
later,  that  there  had  been  no  court  because  of  the  ir 
regularity  of  the  judges  in  convening  it,  he  replied 
that  the  court  itself  did  not  cease  to  exist,  after  being 
established,  because  there  was  no  judge  to  attend  to 
its  duties,  the  clerk  continuing  in  office  and  in  charge 
of  the  records.3 

There  had  been  a  contest  immediately  after  the  es 
tablishment  of  the  territorial  government  concerning 
the  right  of  the  foreign  residents  to  vote  at  any  elec 
tion  after  the  first  one,  for  which  the  organic  act  had 
distinctly  provided,  and  a  strong  effort  had  been  made 
to  declare  the  alien  vote  of  1849  illegal.  The  first 
territorial  legislature,  in  providing  for  and  regulating 
general  elections  and  prescribing  the  qualifications  of 
voters,  declared  that  a  foreigner  must  be  duly  natu 
ralized  before  he  could  vote,  the  law  being  one  of  those 
adopted  from  the  Iowa  statutes.  One  party,  of  whom 
Thurston  was  the  head,  supported  by  the  missionary 
interest,  strenuously  insisted  upon  this  construction 
of  the  5th  section  of  the  organic  law,  because  at  the 
election  which  made  Thurston  delegate  the  foreign- 
born  voters  had  not  supported  him,  and  with  him  the 
measures  of  the  missionary  class. 

The  opinion  of  the  United  States  judges   being 

2  In  Pratt's  opinion  on  the  location  of  the  seat  of  government,  he  reiterates 
this  belief,  and  says  that  both  he  and  Bryant  held  that  'no  power  existed  by 
which  the  supreme  court  could  be  legally  held  before  the  seat  of  government 
was  established.'  Or.  Statesman,  Jan.  6,  18.12.     According  to  this  belief,  the 
proceedings  of  the  district  courts  were  illegal  for  nearly  two  years. 

3  Or.  Spectator,  May  22,  1851. 


266  LAND  LAWS  AND  LAND  TITLES. 

asked,  Strong  replied  to  a  letter  of  Thurston's,  con 
firming  the  position  taken  by  the  delegate,  that  after 
the  first  election,  until  their  naturalization  was  com 
pleted,  no  foreigner  could  be  allowed  to  vote.4  The 
inference  was  plain ;  if  not  allowed  to  vote,  not  a  citi 
zen  ;  if  not  a  citizen,  not  entitled  to  the  benefits  of  the 
land  law.  Thurston  also  procured  the  expression  of 
a  similar  opinion  from  the  chairman  of  the  judiciary 
of  the  house  of  representatives,  and  from  the  chairman 
of  the  committee  on  territories,  which  he  had  pub 
lished  in  the  Spectator.  Under  these  influences,  the 
legislature  of  1850-1  substantially  reenacted  the 
Iowa  law  adopted  in  1849,  but  Deady  succeeded  in 
procuring  the  passage  of  a  proviso  giving  foreigners 
who  had  resided  in  the  country  five  years  prior  to  that 
time,  and  who  had  declared,  as  most  of  them  had, 
their  intention  of  becoming  citizens,  a  right  to  vote.5 
The  Thurston  interest,  asserting  that  congress  had 
not  intended  to  invest  the  foreign-born  inhabitants  of 
Oregon  with  the  privileges  of  citizens,  declared  that 
it  was  not  necessary  that  the  oath  to  support  the  gov 
ernment  of  the  United  States  and  the  organic  act 
should  be  taken  before  a  court  of  record,  but  might 
for  such  purpose  be  done  before  a  common  magistrate. 
Could  they  delude  the  ignorant  into  making  this  error, 
advantage  could  be  taken  of  it  to  invalidate  subsequent 
proceedings.  But  Pratt  pointed  out  that  while  part 
of  the  proceedings,  namely,  the  taking  of  the  oath  re 
quired,  could  have  been  done  before  a  magistrate,  the 
declaration  of  intention  to  become  a  citizen  could  only 
be  made  according  to  the  form  and  before  the  court 
prescribed  in  the  naturalization  laws;  and  that  the 
act  of  congress  setting  forth  what  was  necessary  to 
be  done  to  become  entitled  to  the  right  to  vote  at  the 
first  election  in  Oregon  did  not  separate  them — from 

4  Or.  Spectator,  Nov.  28,  1850. 

5  Deady  says  he  had  a  'hard  fight.'    The  proviso  was  meant,  and  was 
understood  to  mean,  the  restoration  to  McLoughlin,  and  the  British  subjects 
who  had  always  lived  in  the  country,  of  the  elective  franchise.  Hist.  Or.,  MS., 
81. 


LEGISLATIVE  ACTION.  267 

which  it  was  plain  that  congress  meant  to  confer  upon 
the  alien  population  of  Oregon  the  privileges  of  citi 
zenship  without  delay,  and  to  cement  the  population 
of  the  territory  as  it  stood  when  it  asked  that  its  pro 
visional  laws  should  be  adopted. 

The  meaning  of  the  5th  section  of  the  organic  act 
should  have  been  plain  enough  to  any  but  prejudiced 
minds.  In  the  first  place,  it  required  the  voter  to  be 
a  male  above  the  age  of  twenty-one  years,  and  a  resi 
dent  of  the  territory  at  the  time  of  the  passage  of 
the  act.  The  qualifications  prescribed  were,  that  he 
should  be  a  citizen  of  the  United  States  of  that  age, 
or  ,that  being  twenty-one  he  should  have  declared  on 
oath  his  intention  to  become  a  citizen,  and  have  taken 
the  oath  to  support  the  constitution  of  the  United 
States  and  the  provisions  of  the  organic  act.  This 
gave  him  the  right  to  vote  at  the  first  election,  and 
made  him  eligible  to  office;  but  the  qualifications  of 
voters  and  office-holders  at  all  subsequent  elections 
should  be  prescribed  by  the  legislative  assembly. 
This  did  not  mean  that  the  legislature  should  enact 
laws  contrary  to  this  which  admitted  to  citizenship  all 
those  who  voted  at  the  first  election,  by  the  very 
terms  required,  namely,  to  take  the  oath  of  allegiance 
and  make  a  declaration  of  an  intention  to  assume  the 
duties  of  an  American  citizen;  but  that  after  having 
set  out  on  its  territorial  career  under  these  conditions, 
it  could  make  such  changes  as  were  found  necessary 
or  desirable  thereafter  not  in  conflict  with  the  organic 
act.  The  proof  of  this  position  is  in  the  fact  that 
after  and  not  before  giving  the  legislature  the  priv 
ilege,  comes  the  proviso  containing  the  prescribed 
qualifications  of  a  voter  which  must  go  into  the  ter 
ritorial  laws,  the  same  being  whose  which  entitled  any 
white  man  to  vote  at  the  first  election.  Having  once 
taken  those  obligations  which  were  forever  to  make 
him  a  citizen  of  the  United  States  by  the  organic 
act,  the  legislature  had  no  right,  though  it  exercised 
the  assumed  power,  to  disfranchise  those  who  voted 


268  LAND  LAWS  AND  LAND  TITLES. 

at  the  first  election.  When  in  1852-3  the  legislature 
amended  the  laws  regulating  elections,  it  removed  in 
a  final  manner  the  restrictions  which  the  Thurston 
democracy  had  placed  upon  foreign-born  residents  of 
the  country.  By  the  new  law  all  white  male  inhab 
itants  over  twenty-one  years  of  age,  having  become 
naturalized,  or  having  declared  their  intention  to 
become  citizens,  and  having  resided  six  months  in  the 
territory,  and  in  the  county  fifteen  days  next  preced 
ing  the  election,  were  entitled  to  vote  at  any  election 
in  the  territory. 

To  return  to  the  donation  law  and  its  construction. 
Persons  could  be  found  who  were  doubtful  of  the 
meaning  of  very  common  words  when  they  came  to 
see  them  in  a  congressional  act,  and  who  were  unable 
to  decide  what  'settler'  or  'occupant'  meant,  or  how 
to  construe  'improvement'  or  'possession.'  To  help 
such  as  these,  various  legal  opinions  were  submitted 
through  the  columns  of  newspapers ;  but  it  was  gen 
erally  found  that  a  settler  could  be  absent  from  his 
claim  a  great  deal  of  his  time,  and  that  occupation 
and  improvement  were  defined  in  accordance  with  the 
means  and  the  convenience  of  the  claimant.6 

The  survey  or- general,  who  arrived  in  Oregon  in 
time  to  begin  the  surveys  of  the  public  lands  in  Oc 
tober,  1851,  had  before  him  a  difficult  labor.7  The 
survey  of  the  Willamette  meridian  was  begun  at 

6  See  Home  Missionary,  vol.  24,  156.  Thornton  held  that  there  was  snch 
a  thing  as  implied  residence,  and  that  a  man  might  be  a  resident  by  the  res 
idence  of  his  agent;  and  cited  Kent's  Com.,  77.  Also  that  a  claimant  whose 
dwelling  was  not  on  the  land,  but  who  improved  it  by  the  application  of  his 
personal  labor,  or  that  of  his  hired  man,  or  member  of  his  family,  could  demand 
a  patent  at  the  expiration  of  four  years.  See  opinion  of  J.  Q.  Thornton  in 
Or.  Spectator,  Jan.  16,  1851.  It  is  significant  that  in  these  discussions  and 
opinions  in  which  Thornton  took  a  prominent  part  at  the  time,  he  laid  no 
claim  to  the  authorship  of  the  land  law.  To  do  this  was  an  afterthought. 
Mrs  Odell,  in  her  Bioyrophy  of  Thurston,  MS.,  28,  remarks  upon  this. 

1  Cong.  Globe,  app.,  1852-3,  vol.  xxvii.  331,  32d  cong.  2d  sess.;  U.  8. 
H.  Ex.  Doc.  2,  vol.  ii.  ptiii.  5-8,  32d  cong.  1st  sess.  The  survey  was  con 
ducted  on  the  method  of  base  and  meridian  lines,  and  triangulations  from 
fixed  stations  to  all  prominent  objects  within  the  range  of  the  theodolite,  by 
means  of  which  relative  distances  were  obtained,  together  with  a  general 
knowledge  of  the  country,  in  advance  of  the  linear  surveys.  Id. 


SETTLERS  AND  SURVEYS.  269 

the  upper  mouth  of  the  Willamette  Kiver,  and  the 
base  line  7f  miles  south,  in  order  to  avoid  the  Co 
lumbia  Eiver  in  extending  the  base  line  east  to  the 
Cascade  Mountains.  The  intersection  of  the  base 
and  meridian  lines  was  3£  miles  west  of  the  Wil 
lamette.  The  reason  given  for  fixing  the  point  of 
beginning  at  this  place  was  because  the  Indians  were 
friendly  on  either  side  of  the  line  for  some  distance 
north  and  south,  and  a  survey  in  this  locality  would 
best  accommodate  the  immediate  wants  of  the  set 
tlers.8  But  it  was  soon  found  that  the  nature  of  the 
country  through  which  the  initial  lines  were  run 
would  make  it  desirable  in  order  to  accommodate 
the  settlers  to  change  the  field  of  operations  to  the 
inhabited  valleys,9  three  fourths  of  the  meridian 
line  north  of  the  base  line  passing  through  a  coun 
try  broken  and  heavily  timbered.  The  base  line 
east  of  the  meridian  to  the  summit  of  the  Cascade 
Mountains  also  passed  through  a  densely  timbered 
country  almost  entirely  unsettled.  But  on  the  west 
side  of  the  meridian  line  were  the  Tualatin  plains, 
this  section  of  the  country  being  first  to  be  benefited 
by  the  survey. 

On  the  5th  of  February,  1852,  appeared  the  first 
notice  to  settlers  of  surveys  that  had  been  completed 
in  certain  townships,  and  that  the  surveyor  general 
was  prepared  to  receive  the  notifications  of  their  re 
spective  claims  and  to  adjust  the  boundaries  thereof, 
he  being  made  the  arbiter  and  register  of  all  donation 
claims.10  At  the  same  time  settlers  were  advised 
that  they  must  have  their  claims  surveyed  and  cor- 

*R?pt  of  Preston  in  U.  S.  H.  Ex.  Doc.  52,  1851-2,  v.  23,  31st  cong.  1st 
??*!•**  was  done  bv  Thurston's  advice.  See  Cong.  Globe,  1849-50,  Si  pt 
11.  1077,  31st  cong.  1st  sess. 

9  William  Ives  was  the  contractor  for  the  survey  of  the  base  line  and  Wil 
lamette  meridian  north  of  it;  and  James  Freeman  of  the  Willamette  me 
ridian  south  of  it,  as  far  as  the  Umpqua  Valley. 

10  The  first  surveys  advertised  were  of  township  1  north,  range  1  east- 
townships  7  and  8  south,  range  1  west;  and  township  7  south,  ran|e  3  and  4 
•west,     ihe  oldest  patents  issued  for  donation  claims  are  those  in  Washington 

UUn        the  °reg°n  Clty  10tS  may  be  °lder*     See  ^  Spectator,  Feb. 


270  LAND  LAWS  AND  LAND  TITLES. 

ners  established  before  the  government  survey  was 
made,  in  order  that  they  might  be  able  to  describe 
their  boundaries  by  courses,  distances,  metes,  and 
bounds,  and  to  show  where  their  lines  intersected  the 
government  lines,  claims  being  generally  bounded 
according  to  the  fancy  or  convenience  of  the  owner, 
instead  of  by  the  rectangular  method  adopted  in  the 
public  surveys. 

The  privilege  of  retaining  their  claims  as  they  had 
taken  them  was  one  that  had  been  asked  for  by  me 
morial,  but  which  had  not  been  granted  without  qual 
ification  in  the  land  law.  Thurston  had  explained 
how  the  letter  of  the  law  was  to  be  evaded,  and  had 
predicted  that  the  surveyor  general  would  be  on  the 
side  of  the  people  in  this  matter.11  Preston,  as  had 
been  foreseen,  was  lenient  in  allowing  irregular  boun 
daries;  a  map  of  that  portion  of  Oregon  covered  by 
donation  claims  presenting  a  curious  patchwork  of 
parallelograms  with  angles  obtuse,  and  triangles  with 
angles  of  every  degree.  Another  suggestion  of  the 
surveyor  general  was  that  settlers  on  filing  their  no 
tifications,  date  of  settlement,  and  making  proof  of 
citizenship,  should  state  whether  they  were  married;12 
for  in  the  settlement  of  Oregon  and  the  history  of 
its  division  among  the  inhabitants,  marriage  had  been 
made  to  assume  unusual  importance.  Contrary  to  all 
precedent,  the  women  of  this  remote  region  were 
placed  by  congress  in  this  respect  upon  an  equality 
with  the  men — it  may  be  in  acknowledgment  of  their 
having  earned  in  the  same  manner  and  measure  a  right 
to  be  considered  creditors  of  the  government,  or  the 
men  may  have  made  this  arrangement  that  they 
through  their  wives  might  control  more  land.  It  had, 
it  is  true,  limited  this  equality  to  those  who  were  mar 
ried,  or  had  been  married  on  starting  for  Oregon, 


13 


11  Letter  to  the  Electors  of  Oregon,  8. 

12  Portland  Oregonian,  Feb.  7,  1852. 

13  'As  respects  grants  of  land,  they  will  be  placed  upon  the  same  footing 
as  male  citizens,  provided  that  such  widows  were  in  this  country  before  De- 


WOMEN  AND  CHILDREN.  271 

but  it  was  upon  the  presumption  that  there  were  no 
unmarried  women  in  Oregon,  which  was  near  the 
truth.  Men  took  advantage  of  the  law,  and  to  be  able 
to  lord  it  over  a  mile  square  of  land  married  girls  no 
more  than  children,  who  as  soon  as  they  became  wives 
were  entitled  to  claim  half  a  section  in  their  own 
right;14  and  girls  in  order  to  have  this  right  married 
without  due  consideration. 

Congress  had  indeed,  in  its  effort  to  reward  the  set 
tlers  of  Oregon  for  Americanizing  the  Pacific  coast, 
refused  to  consider  the  probable  effects  of  its  bounty 
upon  the  future  of  the  country,  though  it  was  not  un 
known  what  it  might  be.15  The  Oregon  legislature, 
notwithstanding,  continued  to  ask  for  additional  grants 
and  favors;  first  in  1851-2,  that  all  white  American 
women  over  eighteen  years  of  age  who  were  in  the 
territory  on  the  1st  of  December  1850,  not  provided 
for  in  the  donation  act,  should  be  given  320  acres  of 
land;  and  to  all  white  American  women  over  twenty- 
one  who  had  arrived  in  the  territory  or  might  arrive 
between  the  dates  of  December  1,  1850,  and  Decem 
ber  1,  1853,  not  provided  for,  160  acres;  no  woman 
to  receive  more  than  one  donation,  or  to  receive  a 
patent  until  she  had  resided  four  years  in  the  terri 
tory. 

It  was  also  asked  that  all  orphan  children  of  white 
parents,  residing  in  the  territory  before  the  1st  of 
December,  1850,  who  did  not  inherit  under  the  act,16 

cember  1,  1850,  and  are  of  American  birth.'  Or.  Spectator,  May  8,  1851. 
Thurston  in  his  Letter  to  the  Electors  remarks  that  this  feature  of  the  dona 
tion  act  was  a  popular  one  in  congress,  and  that  he  thought  it  just. 

14 It  has  been  decided  that  the  words  'single  man'  included  an  unmarried 
woman.  7  Wall.,  219.  See  Deady's  Gen.  Laws  Or.,  1843-72.  But  I  do  not 
see  how  under  that  construction  a  woman  could  be  prevented  holding  as  a 
'  single  man '  first  and  as  a  married  woman  afterward,  because  the  patent  to 
her  husband,  as  a  married  man,  would  include  640  acres,  320  of  which  would 
be  hers. 

15  'They  said  it  would  be  injurious  to  the  country  schools,  by  preventing 
the  country  from  being  thickly  settled;  that  it  would  retard  the  agricultural 
growth  of  the  country;  and  though  it  would  meet  the  case  of  many  deserv 
ing  men,  it  would  open  the  door  to  frauds  and  speculations  by  all  means  to 
be  avoided.'   Thurstorts  Letter  to  the  Electors  of  Oregon,  8;  Beadle's  Undev. 
West,  762-3;  Home  Missionary,  vol.  26,  p.  45. 

16  Those  whose  parents  had  died  in  Oregon  before  the  passage  of  the  law 


272  LAND  LAWS  AND  LAND  TITLES. 

should  be  granted  eighty  acres  each;  and  that  all 
orphan  children  whose  parents  had  died  in  coming  to 
or  after  arriving  in  Oregon  between  1850  and  1853 
should  receive  forty  acres  of  land  each.17 

Neither  of  these  petitions  was  granted18  at  the 
time,  while  many  others  were  offered  by  resolution  or 
otherwise.  As  the  period  was  expiring  when  lands 
would  be  free,  it  began  to  be  said  that  the  time  should 
be  extended,  even  indefinitely,  and  that  all  lands 
should  be  free.19 

There  was  never,  in  the  history  of  the  world,  a 
better  opportunity  to  test  the  doctrine  of  free  land, 
nor  anything  that  came  so  near  realizing  it  as  the  set 
tlement  of  Oregon.  Could  the  government  have  re 
stricted  its  donations  to  the  actual  cultivators  of  the 
soil,  and  the  quantity  to  the  reasonable  requirements 
of  the  individual  farmer,  the  experiment  would  have 
been  complete.  But  since  the  donation  was  in  the 
nature  of  a  reward  to  all  classes  of  emigrants  alike, 
this  could  not  be  done,  and  the  compensation  had  to 
be  ample. 

Some  persons  found  it  a  hardship  to  be  restrained 
from  selling  their  land  for  a  period  of  four  years, 
and  preferred  paying  the  minimum  price  of  $1.25  an 
acre  to  waiting  for  the  expiration  of  the  full  term. 
Accordingly,  in  February  1853,  the  donation  law  was 
so  amended  that  the  survey  or -general  might  receive 

did  not  come  under  the  requirements  of  the  donation  act;  nor  those  whose 
parents  had  died  upon  the  road  to  Oregon.  As  they  could  not  inherit,  a  di 
rect  grant  was  asked. 

17  Or.  Statesman,  Dec.  16,  1851. 

18  Heirs  of  settlers  in  Oregon  who  died  prior  to  Sept.  27,  1850,  cannot  in 
herit  or  hold  land  by  virtue  of  the  residence  and  cultivation  of  their  ances 
tors.  Ford  vs  Kennedy,  1  Or.  166.     The  daughter  of  Jason  Lee  was  portion 
less,  while  the  children  of  later  comers  inherited. 

19  See  Or.  Statesman,  Nov.  6,  1853.     A  resolution  offered  in  the  assembly 
of  1852-3  asked  that  the  land  east  of  the  Cascade  mountains  should  be  im 
mediately  surveyed,  and  sold  at  the  minimum  price,  in  quantities  not  exceed 
ing  640  acres  to  each  purchaser;  the  money  to  be  applied  to  the  construction 
of  that  portion  of  the  contemplated  Pacific  railroad  west  of  the  Rocky  Moun 
tains.     This  was  the  first  practical  suggestion  of  the  Oregon  legislature  con 
cerning  the  overland  railroad,  and  appropriated  all  or  nearly  all  the  land  in 
Oregon  to  the  use  of  Oregon,  the  western  portion  except  that  north  of  the 
Columbia  being  to  a  great  extent  claimed. 


WORKINGS  OF  THE  LAW.  273 

this  money  after  two  years  of  settlement  in  lieu  of  the 
remaining  two  years,  the  rights  of  the  claimant  in  the 
event  of  his  death  to  descend  to  his  heirs  at  law  as 
before.  By  the  amendatory  act,  widows  of  men  who 
had  they  lived  would  have  been  entitled  to  claim  under 
the  original  act  were  granted  all  that  their  husbands 
would  have  been  entitled  to  receive  had  they  lived,20 
and  their  heirs  after  them. 

By  this  act  also  the  extent  of  all  government  res 
ervations  was  fixed.  For  magazines,  arsenals,  dock 
yards,  and  other  public  uses,  except  for  forts,  the 
amount  of  land  was  not  to  exceed  twenty  acres  to 
each,  or  at  one  place,  nor  for  forts  more  than  640 
acres.21  If  in  the  judgment  of  the  president  it  should 
be  necessary  to  include  in  any  reservation  the  improve 
ments  of  a  settler,  their  value  should  be  ascertained 
and  paid.  The  time  fixed  by  this  act  for  the  expira 
tion  of  the  privileges  of  the  donation  law  was  April 
1855,  when  all  the  surveyed  public  lands  left  unclaimed 
should  be  subject  to  public  sale  or  private  entry,  the 
same  as  the  other  public  lands  of  the  United  States. 

The  land  law  of  Oregon  was  again  amended  in  July 

1854,  in  anticipation  of  the  coming  into  market  of  the 
public  lands,  by  extending  to  Oregon  and  Washington 
the  preemption  privilege  granted  September  4,  184 L, 
to  the  people  of  the  territories,  to  apply  to  any  un 
claimed  lands,  whether  surveyed   or  not.     For  the 
convenience  of  the  later  settlers,  the  time  for  giving 
notice  to  the  surveyor  general  of  the  time  and  place 
of  settlement  was  once  more  extended  to  December 

1855,  or  the  last  moment  before  the  public  lands  be 
came  salable.     The  act  of  1854  declared  that  the  do 
nations  thereafter  should  in  no  case  include  a  town 
site  or  lands  settled  upon  for  purposes  of  business  or 

20  See  previous  note  13.     The  surveyor  general  had  before  so  construed  the 
law. 

21  This  was  a  great  relief  to  the  immigration  at  The  Dalles,  where  the  mil 
itary  had  taken  up  ten  miles  square  of  land,  thereby  greatly  inconveniencing 
travellers  by  depriving  their  stock  of  a  range  anywhere  near  the  usual  place 
of  embarkation  on  the  Columbia. 

HIST.  OB.,  VOL.  II.    18 


274  LAND  LAWS  AND  LAND  TITLES. 

trade,  and  not  for  agriculture;  but  the  legal  subdivi 
sions  included  in  such  town  sites  should  be  subject  to 
the  operations  of  the  act  of  May  23,  1844,  " for  the 
relief  of  citizens  of  towns  upon  lands  of  the  United 
States,  under  certain  circumstances."2  The  proviso 
to  the  4th  section  of  the  original  act,  declaring  void  all 
sales  of  lands  before  the  issue  of  the  patents  therefor, 
was  repealed,  and  sales  were  declared  invalid  only 
where  the  claimant  had  not  resided  four  years  upon 
the  land.  By  these  terms  two  subjects  which  had 
greatly  troubled  the  land  claimants  were  disposed  of; 
those  who  had  been  a  long  time  in  the  country  could 
sell  their  lands  without  waiting  for  the  issuance  of 
their  patents,  and  those  who  had  taken  claims  and 
laid  out  towns  upon  natural  town-sites  \vere  left  un 
disturbed.23  This  last  amendment  to  the  donation 
law  granted  the  oft-repeated  prayer  of  the  settlers 
that  the  orphan  children  of  the  earliest  immigrants 
who  died  before  the  passage  of  the  act  of  September 
27,  1850,  should  be  allowed  grants  of  land,  the  dona 
tion  to  this  class  being  160  acres  each.  Under  this 
amendment  Jason  Lee's  daughter  could  claim  the 
small  reward  of  a  quarter-section  of  land  for  her 
father's  services  in  colonizing  the  country.  These 
orphans'  claims  were  to  be  set  off  to  them  by  the  sur 
veyor  general  in  good  agricultural  land,  and  in  case  of 
the  decease  of  either  of  them  their  rights  vested  in 
the  survivors  of  the  family.  Such  was  the  land  law 
as  regarded  individuals. 

This  act,  besides,  extended  to  the  territory  of  Wash- 

22  This  act  provided  that  when  any  of  the  surveyed  public  lands  had  been 
occupied  as  a  town  site,  and  was  not  therefore  subject  to  entry  under  the  ex 
isting  laws,  in  case  the  town  were  incorporated,  the  judges  of  the  county 
court  for  that  county  should  enter  it  at  the  proper  land  office,  at  the  mini 
mum  price,  for  the  several  use  and  benefit  of  the  occupants  thereof  according 
to  their  respective  interests,  the  proceeds  of  the  sales  of  lots  to  be  disposed  of 
according  to  rules  and  regulations  prescribed  by  the  legislature;  but  the  land 
must  be  entered  prior  to  the  commencement  of  the  public  sale  of  the  body  of 
land  in  which  the  town  site  was  included.     See  note  on  p.  72,  Gen.  Laws  Or. 

23  Many  patents  never  issued.     It  was  held  by  the  courts  that  the  law  act 
ually  invested  the  claimant  who  had  complied  with  its  requirements  with  the 
ownership  of  the  land,  and  that  the  patent  was  simply  evidence  which  did 
not  affect  the  title.  JDeady's  Scraps,  5. 


OREGON  CITY  CLAIM.  275 

ington  all  the  provisions  of  the  Oregon  land  law,  or 
any  of  its  amendments,  and  authorized  a  separate  corps 
of  officers  for  this  additional  surveying  district,  whose 
duties  should  be  the  same  as  those  of  the  surveyor 
general,  register,  and  receiver  of  Oregon.  It  also 
gave  two  townships  of  land  each  to  Oregon  and 
Washington  in  lieu  of  the  two  townships  granted 
by  the  original  act  to  Oregon  for  university  purposes. 
Later,  on  March  12,  1860,  the  provisions  of  the  act 
of  September  28,  1850,  for  aiding  in  reclaiming  the 
swamp  lands  of  Arkansas,  were  extended  to  Oregon, 
by  which  the  state  obtained  a  large  amount  of  valua 
ble  lands,  of  which  gift  I  shall  have  something  to  say 
hereafter. 

From  the  abstract  here  given  of  the  donation  law 
at  different  periods,  my  reader  will  be  informed  not 
only  of  the  bounty  of  the  government,  but  of  the 
onerous  nature  of  the  duties  of  the  surveyor-general. 

*/  O 

who  was  to  adjudicate  in  all  matters  of  dispute  or 
question  concerning  land  titles.  His  instructions  au 
thorized  and  required  him  to  settle  the  business  of 
the  Oregon  City  claim  by  notifying  all  purchasers, 
donees,  or  assigns  of  lots  or  parts  of  lots  acquired 
of  McLoughlin  previous  to  March  4,  1849,  to  present 
their  evidences  of  title,  and  have  their  land  surveyed, 
in  order  that  patents  might  be  issued  to  them;  and 
this  in  1852  was  rapidly  being  done.24 

His  special  attention  was  directed  to  the  third 
article  of  the  treaty  of  1846,  between  the  United 
States  and  Great  Britain,  which  provided  that  in  the 
future  appropriation  of  the  territory  south  of  49°  north 
latitude,  the  possessory  rights25  of  the  Hudson's  Bay 

24  U.  S.  H.  Ex.  Doc.  52,  v.  25,  32d  cong.  1st  sess. 

25  This  subject  came  up  in  a  peculiar  shape  as  late  as  1871,  when  H.  W. 
Corbett  was  in  the  U.  S.  senate.     A  case  had  to  be  decided  in  the  courts  of 
Oregon  in  1870,  where  certain  persons  claimed  under  William  Johnson,  who 
before  the  treaty  of  1846  settled  upon  a  tract  of  land  south  of  Portland. 
But  Johnson  died  before  the  land  law  was  passed,  and  the  courts  decided 
that  in  this  case  Johnson  had  first  lost  his  possessory  rights  by  abandoning 
the  claim;  by  dying  before  the  donation  law  was  passed,  he  was  not  provided 


276  •       LAND  LAWS  AND  LAND  TITLES. 

Company,  and  of  all  British  subjects  who  should  be 
found  already  in  the  occupation  of  land  or  other 
property  lawfully  acquired,  within  the  said  territory, 
should  be  respected;  and  to  the  fourth  article,  which 
declared  that  the  farms,  lands,  and  other  property 
belonging  to  the  Puget  Sound  Agricultural  Company 
on  the  north  side  of  the  Columbia,  should  be  con 
firmed  to  the  said  company,  with  the  stipulation  that 
in  case  the  situation  of  these  farms  and  lands  should 
be  considered  by  the  United  States  to  be  of  public 
and  political  importance,  and  the  United  States  gov 
ernment  should  signify  a  desire  to  obtain  possession 
of  the  whole  or  any  part  thereof,  the  property  so  re 
quired  should  be  transferred  to  the  said  government 
at  a  proper  valuation,  to  be  agreed  upon  between  the 
parties.  The  commissioner  directed  the  surveyor- 
general  to  call  upon  claimants  under  the  treaty,  or 
their  agents,  to  present  to  him  the  evidence  of  tliQ 
rights  in  which  they  claimed  to  be  protected  by  the 
treaty,  and  to  show  him  the  original  localities  and 
boundaries  of  the  same  which  they  held  at  the  elate 
of  the  treaty;  and  he  was  not  required  to  survey  in 
sections  or  minute  subdivisions  the  land  covered  by 
such  claims,  but  only  to  extend  the  township  lines 
over  them,  so  as  to  indicate  their  relative  position  and 
connection  with  the  public  domain. 

The  surveyor-general  reported  with  regard  to  these 
claims,  that  McLoughlin,  who  had  recently  become  a 
naturalized  citizen  of  the  United  States,  had  given 
notice  September  29,  1852,  that  he  claimed  under  the 
treaty  of  1846  a  tract  of  land  containing  640  acres, 
which  included  Oregon  City  within  its  boundaries, 
and  that  he  protested  against  any  act  that  would  dis- 

for  in  that  act,  and  therefore  had  no  title  either  under  the  treaty  or  the  land 
law  by  which  his  heirs  could  hold.  This  raised  a  question  of  law  with  regard 
to  the  heirs  of  British  residents  of  Oregon  before  the  treaty  of  1846;  and  Cor- 
bett  introduced  a  bill  in  the  senate  to  extend  the  rights  of  citizenship  to 
half-breeds  born  within  the  territory  of  Oregon  previous  to  1846,  and  now 
subject  to  the  jurisdiction  of  tho  United  States,  which  was  passed.  Sup.  Court 
Decisions,  Or.  Laws,  1870,  227-9;  Cong.  Globe,  1871-2,  app.  730,  42  J.  cong.  2d 
sess.;  Conj.  Globe,  1871-2,  part  il,  p.  1179,  42d  cong.  2d  sess. 


HUDSON'S  BAY  COMPANY.  277 

turb  his  possession,  except  of  the  portion  sold  or 
granted  by  him  within  the  limits  of  the  Oregon  City 
claim.26 

As  to  the  limits  of  the  Hudson's  Bay  Company's 
claim  in  the  territory,  it  was  the  opinion  of  chief  fac 
tor  John  Ballenden,  he  said,  that  no  one  could  state 
the  nature  or  define  the  limits  of  that  claim.  He 
called  the  attention  of  the  general  land  commissioner, 
and  through  him  of  the  government,  to  the  fact  that 
settlers  were  claiming  valuable  tracts  of  land  included 
within  the  limits  of  that  claimed  by  the  Hudson's 
Bay  and  Puget  Sound  companies,  and  controversies 
had  arisen  not  only  as  to  the  boundaries,  but  as  to  the 
rights  of  the  companies  under  the  treaty  of  1846;  and 
declared  that  it  was  extremely  desirable  that  the  na 
ture  of  these  rights  should  be  decided  upon.27  To  de 
cide  upon  them  himself  was  something  beyond  his 
power,  and  he  recommended,  as  the  legislative  assem 
bly,  the  military  commander,  and  the  superintendent 
of  Indian  affairs  had  done,  that  the  rights,  whatever 
they  were,  of  these  companies,  should  be  purchased. 
To  this  advice,  as  we  know,  congress  turned  a  deaf 
ear,  until  squatters  had  left  no  land  to  quarrel  over. 
The  people  knew  nothing  and  cared  less  about  the 
rights  of  aliens  to  the  soil  of  the  United  States.  In 
the  mean  time  the  delay  multiplied  the  evils  complained 
of.  Let  us  take  the  site  of  Vancouver  as  an  example. 
Either  it  did  or  it  did  not  belong  to  the  Hudson's  Bay 
Company  by  the  terms  of  the  treaty  of  1846.  If  it 
did,  then  it  was  in  the  nature  of  a  grant  to  the  com 
pany,  from  the  fact  that  the  donation  law  admitted 
the  right  of  British  subjects  to  claim  under  the 
treaty,  by  confining  them  to  a  single  grant  of  land, 
and  leaving  it  optional  with  them  whether  it  should 

26 1  have  already  shown  that  having  become  an  American  citizen,  McLough- 
lin  could  not  claim  under  the  treaty.  See  Deady's  Or.  Laws,  1845-64,  56-7. 
McLoughlin  was  led  to  commit  this  error  by  the  efforts  of  his  foes  to  destroy 
his  citizenship. 

27  U.  8.  II .  Ex.  Doc.  14,  iii.  14-17,  32d  cong.  2d  sess.;  Olympia  Columbian, 
April  9,  1853. 


278  LAND  LAWS  AND  LAND  TITLES. 

be  under  the  treaty  or  under  the  donation  law.28  In 
one  case,  however,  it  limited  the  amount  of  land,  and 
in  the  other  it  did  not.  But  there  was  no  provision 
made  in  the  donation  law,  the  organic  act,  or  any 
where  else  by  which  those  claiming  under  the  treaty 
could  define  their  boundaries  or  have  their  lands  sur 
veyed  and  set  off  to  them.  The  United  States  had 
simply  promised  to  respect  the  company's  rights  to 
the  lands,  without  inquiring  what  they  were.  They 
had  promised  also  to  purchase  them,  should  it  be  found 
they  were  of  public  or  political  importance,  and  to 
pay  a  proper  valuation,  to  be  agreed  upon  between 
the  parties.  But  the  citizens  of  the  United  States, 
covering  the  lands  of  the  Hudson's  Bay  and  Puget 
Sound  Agricultural  companies  with  claims,  under  the 
donation  law,  deprived  both  companies  and  the  United 
States  of  their  possession. 

One  of  the  settlers — or,  as  they  were  called,  squat 
ters — on  the  Hudson's  Bay  Company's  lands  was 
Amos  M.  Short,  who  claimed  the  town  site  of  Van 
couver.29  When  he  first  went  on  the  lands,  before 
the  treaty,  the  company  put  him  off.  But  he  per 
sisted  in  returning,  and  subsequently  killed  two  men 
to  prevent  being  ejected  by  process  of  law.  Never 
theless,  when  the  donation  law  was  passed  Short  took 
no  steps  to  file  a  notification  of  his  claim.  Perhaps 
he  was  waiting  the  action  of  congress  with  regard  to 
the  Hudson's  Bay  Company's  rights.  While  he  waited 
he  died,  having  lost  the  benefits  of  the  act  of  Septem 
ber  27,  1850,  by  delay.  In  the  mean  time  congress 
passed  the  act  of  the  14th  of  February,  1853,  permit 
ting  all  persons  who  had  located  or  might  hereafter 
locate  lands  in  that  territory,  in  accordance  with  the 
provisions  of  the  law  of  1850,  in  lieu  of  continued 
occupation,  to  purchase  their  claims  at  the  rate  of 
$1.25  an  acre,  provided  they  had  been  two  years 

™Deady's  Gen.  Laws  Or.,  1845-64,  86. 

<J9 1  have  given  a  part  of  Short's  history  on  page  793  of  vol.  i.  He  was 
drowned  when  the  Vandalia  was  wrecked,  in  January  1853. 


VANCOUVER  CLAIM.  279 

upon  the  land.  The  widow  of  Short  then  filed  a 
notification  under  the  new  act,  and  in  order  to  secure 
the  whole  of  the  640  acres,  which  might  have  been 
claimed  under  the  original  donation  act,  dated  the 
residence  of  her  husband  and  herself  from  1848.  Bat 
Mrs  Short,  whose  notification  was  made  in  October 
1853,  was  still  too  late  to  receive  the  benefit  of  the 
new  act,  as  Bishop  Blanchet  had  caused  a  similar 
notification  to  be  made  in  May,  claiming  640  acres 
for  the  mission  of  St  James30  out  of  the  indefinite 
grant  to  the  Hudson's  Bay  Company.  Though  the 
company's  rights  of  occupancy  did  not  expire  until 
1859,  the  bishop  chose  to  take  the  same  view^  held 
by  the  American  squatters,  and  claimed  possession  at 
Vancouver,  where  the  priests  of  his  church  had  been 
simply  guests  or  chaplains,  under  the  clause  in  the 
organic  act  giving  missions  a  mile  square  of  land; 
and  the  surveyor  general  of  Washington  Territory 
decided  in  his  favor.31  No  patent  was  however  issued 
to  the  catholic  church,  the  question  of  the  Hudson's 
Bay  Company's  claim  remaining  in  abeyance,  and  the 
decision  of  the  surveyor  general  being  reversed  by 
the  commissioner  of  the  general  land  office,  after 
which  an  appeal  was  taken  to  the  secretary  of  the 
interior.32 

30  Says  Roberts:  'Even  the  catholics  tried  to  get  the  land  at  Vancouver. . . 
In  the  face  of  the  llth  section  of  the  donation  law,  by  which  people  \vere 
precluded  from  interfering  with  the  company's  lands,  how  could  Short,  the 
Roman  catholics,  and  others  do  as  they  didV '  B^collections,  MS.,  90,  93. 

31  The  papers  show  that  the  mission  notification  was  on  file  before  any 
claims  were  asserted  to  contiguous  lands.     It  is  the  oldest  claim.     Its  recog 
nition  is  coeval  with  the  organization  of  Oregon,  and  was  a  positive  grant 
more  than  two  years  before  any  American  settler  could  acquire  an  interest 
in  or  title  to  unoccupied  public  lands.  Report  of  Surveyor  General,  in  Claim 
ofSt  James  Mission,  21;  Olympw.  Standard,  April  5,  1862. 

32  The  council  employed  for  the  mission  furnished  elaborate  arguments  on 
the  side  of  the  United  States,  as  against  the  rights  of  the  Hudson's  Bay  Corn- 

'The  fundamental 


pose  01  these  lands  pending  tne  "iiiueiuuw  nguM  ui  mu  uuuwiu  o  ua,y  ^v *"~ 
pany.  We  have  seen  that  as  to  time  they  were  not  indefinite,  but  had  a  fixed 
termination  in  May  1859.  But  either  way,  how  can  the  United  States  at  the 
same  time  deny  their  right  to  appropriate  or  dispose  of  the  lands  permanently, 
only  respecting  the  possessory  rights  of  the  company,  and  yet  in  1849,  1850, 
1853,  or  1854  have  made  such  appropriation  (for  military  purposes)  and  per 
manent  disposition,  and  now  set  it  up  against  its  grant  to  us  in  1848?. .  .It  ia 


280  LAND  LAWS  AND  LAND  TITLES. 

The  case  not  being  definitely  decided,  a  bill  was 
brought  before  congress  in    1874  for  the  relief  of  the 
catholic  mission  of  St  James,  and  on  being  referred 
to  the  committee  on  private  land  claims,  the  chairman 
reported  that  it  was  the  opinion  of  the  committee 
that  the  mission  was  entitled  to  640  acres  under  the 
act  of  August  14,  1848,  and  recommended  the  passage 
of  the  bill,  with  an  amendment  saving  to  the  United 
States  the  right  to  remove  from  the  premises  any 
property,  buildings,  ur  other  improvements  it  might 
have  upon  that  portion  of  the  claim  covered  by  the 
military  reservation.33     But  the  bill  did  not  pass;  and 
in  1875,  a  similar  bill  being  under  advisement  by  the 
committee   on  private  land  claims,   the  secretary  of 
war  addressed  a  letter  to  the  committee,  in  which  he 
said  that  the  military  reservation  was  valued  at  a 
million  dollars,  and  that  the  claim  of  the  St  James 
mission  covered  the  whole  of  it;  and  that  the  war  de 
partment  had  always  held  that  the  religious  establish 
ment  of  the  claimants  was  not  a  missionary  station 
among  Indian  tribes  on  the  14th  of  August  1848,  and 
that  the  occupancy  of  the  lands  in  question  at  that 
date  was  not  such  as  the  act  of  congress  required. 
The  secretary  recommended  that  the  matter  go  before 
a  court  and  jury  for  final  adjustment,  on  the  passage 
of  an  act  providing  for  the  settlement  of  this  and  sim 
ilar  claims.34 

Again  in  1876,  a  bill  being  before  congress  whose 
object  was  to  cause  a  patent  to  be  issued  to  the  St 
James  mission,  the  committee  on  private  land  claims 

said  that  the  United  States  had  title  to  the  lands,  yet  it  could  not  dispose  of 
them  absolutely  in  prcesenti,  so  that  the  grantee  could  demand  immediate  pos 
session.  Granted,  so  far  as  the  Hudson's  Bay  Company  was  upon  these  lands 
with  its  possessory  rights,  those  rights  must  be  respected.  But  how  does 
this  admission  derogate  from  the  right  to  grant  such  title  as  the  United  States 
then  had,  which  was  the  proprietary  right,  encumbered  only  by  a  temporary 
right  of  possession,  for  limited  and  special  purpose?'  The  arguments  and 
evidence  in  this  case  are  published  in  a  pamphlet  called  Claim  of  the  St 
James  Mission,  Vancouver,  W.  T.,  to  640  acres  of  Land,  from  which  the  above 
is  quoted. 

33  U.  8.  H.  Kept.,  630,  43d  cong.  1st  sess.,  1873-4. 

84  U.  S.  H.  Ex.  Z>oc.t  117,  43d  cong.  2d  sess. 


PORTLAND  CLAIM.  281 

reported  in  favor  of  the  mission's  right  to  the  land  so 
far  only  as  to  amend  the  bill  so  as  to  enable  all  the 
adverse  claimants  to  assert  their  rights  before  the 
courts;  and  recommended  that  in  order  to  bring  the 
matter  into  the  courts,  a  patent  should  be  issued  to 
the  mission,  with  an  amendment  saving  the  rights  of 
adverse  claimants  and  of  the  United  States  to  any 
buildings  or  fixtures  on  the  land.35 

After  long  delays  the  title  was  finally  settled  in 
November  1874  by  the  issuance  of  a  patent  to  Abel 
G.  Tripp,  mayor  of  Vancouver,  in  trust  for  the  sev 
eral  use  and  benefit  of  the  inhabitants  according  to 
their  respective  interests.  Under  an  act  of  the  legis 
lature  the  mayor  then  proceeded  to  convey  to  the 
occupants  of  lots  and  blocks  the  land  in  their  pos 
session,  according  to  the  congressional  law  before  ad 
verted  to  in  reference  to  town  sites. 

That  a  number  of  land  cases  should  grow  out  of 
misunderstandings  and  misconstructions  of  the  land 
law  was  inevitable.  Among  the  more  important  of 
the  unsettled  titles  was  that  to  the  site  of  Portland. 
The  reader  already  knows  that  in  1843  Overton 
claimed  on  the  west  bank  of  the  Willamette  640 
acres,  of  which  soon  after  he  sold  half  to  Lovejoy, 
and  in  1845  the  other  half  to  Pettygrove;  and  that 
these  two  jointly  improved  the  claim,  laying  it  off 
into  lots  and  blocks,  some  of  which  they  sold  to 
other  settlers  in  the  town,  who  in  their  turn  made 
improvements. 

In  1845,  also,  Lovejoy  sold  his  half  of  the  claim 
to  Benjamin  Stark,  who  came  to  Portland  this  year 
as  supercargo  of  a  vessel,  Pettygrove  and  Stark  con 
tinuing  to  hold  it  together,  and  to  sell  lots.  In  1848 
Pettygrove,  Stark  being  absent,  sold  his  remaining 
interest  to  Daniel  H.  Lownsdale.  The  land  being 

35  Cong.  Globe,  1876-7,  44;  U.  S.  II.  Kept,  189,  44th  cong.  Istsess.,  1875-6; 
U.  8.  II.  Com.  Rept,  i.  249,  44th  cong.  1st  sess.;  Portland  Gregorian,  Oct. 
30,  1809;  Rossi,  Souvenirs,  vi.  CO. 


282  LAND  LAWS  AND  LAND  TITLES. 

registered  in  the  name  of  Pettygrove,  Lownsdale 
laid  claim  to  the  whole,  including  Stark's  portion, 
and  filed  his  claim  to  the  whole  with  the  registrar,  re 
siding  upon  it  in  Pettygrove's  house.36 

In  March  1849  Lownsdale  sold  his  interest  in  the 
claim  to  Stephen  Coffin,  and  immediately  repurchased 
half  of  it  upon  an  agreement  with  Coffin  that  he  should 
undertake  to  procure  a  patent  from  the  United  States, 
when  the  property  was  to  be  equally  owned,  the  ex 
penses  and  profits  to  be  equally  divided;  or  if  the 
agreement  should  be  dissolved  by  mutual  consent, 
Coffin  should  convey  his  half  to  Lownsdale.  The 
deed  of  Coffin  reserved  the  rights  of  all  purchasers  of 
lots  under  Pettygrove,  binding  the  contracting  parties 
to  make  good  their  titles  when  a  patent  should  be 
obtained.  In  December  of  the  same  year  Lownsdale 
and  Coffin  sold  a  third  interest  in  the  claim  to  W. 
W.  Chapman,  reserving,  as  before,  the  rights  of  lot 
owners. 

Up  to  this  time  there  had  been  no  partition  of  the 
land;  but  in  the  spring  of  1850,  Stark  having  re 
turned  and  asserted  his  right  in  the  property,  a  divi 
sion  was  agreed  to  between  Stark  and  Lownsdale, 
by  which  each  held  his  portion  in  severalty,  and  to 
confirm  titles  to  purchasers  on  their  separate  parcels 
of  land,  Stark  taking  the  northern  and  Lownsdale 
the  southern  half  of  the  claim. 

Upon  the  passage  of  the  donation  law,  with  its 
various  requirements  and  restrictions,  it  became  neces 
sary  for  each  claimant,  in  order  not  to  relinquish  his 
right  to  some  other,  to  apply  for  a  title  to  a  definitely 
described  portion  of  the  whole  claim.  Accordingly, 
on  the  10th  of  March,  1852,  Lownsdale,  having 
been  four  years  in  possession,  came  to  an  arrange 
ment  with  Coffin  and  Chapman  with  regard  to  the 
division  of  his  part  of  the  claim  in  which  they  were 

86  Lownsdale  had  previously  resided  west  of  this  claim,  on  a  creek  where 
he  had  a  tannery,  the  first  in  Oregon  to  make  leather  for  sale.  He  paid  for 
the  claim  in  leather.  Overland  Monthly ,  i.  36. 


TEST  CASES.  283 

equal  owners.  The  division  being  agreed  upon,  it  be 
came  necessary  also  to  make  some  bargain  by  which 
the  lots  sold  on  the  three  several  portions  of  Lowns- 
dale's  interest  might  fall  with  some  degree  of  fairness 
to  the  three  owners  when  they  came  to  make  deeds 
after  receiving  patents;  the  same  being  necessary 
with  regard  to  the  lots  previously  selected  by  their 
wives  out  of  their  claims,  which  were  exchanged  to 
bring  them  within  the  limits  agreed  upon  previous  to 
going  before  the  surveyor  general  for  a  certificate. 
Everything  being  settled  between  Lownsdale,  Chap 
man,  and  Coffin,  the  first  two  filed  their  notification 
of  settlement  and  claim  on  the  llth  of  March,  and 
the  latter  on  the  19th  of  August. 

On  the  8th  of  April  Lownsdale,  by  the  advice  of 
A.  E.  Wait,  filed  a  notification  of  claim  to  the  whole 
640  acres,  upon  the  ground  that  Job  McNamee,  who 
had  in  1847  attempted  to  jump  the  Portland  claim, 
but  had  afterward  abandoned  it,  had  returned,  and 
was  about  to  file  a  notification  for  the  whole  claim. 
Lownsdale  and  Wait  excused  the  dishonesty  of  the 
act  by  the  assertion  that  either  of  the  other  two 
owners  could  have  done  the  same  had  they  chosen. 
A  controversy  arose  between  Chapman  and  Coffin  on 
one  side  and  Lownsdale  on  the  other,  which  was  de 
cided  by  the  surveyor  general  in  favor  of  Chapman 
and  Coffin,  Lownsdale  refusing  to  accept  the  decision. 
Stark  and  the  others  then  appealed  to  the  commis 
sioner  of  the  general  land  office,  who  gave  as  his 
opinion  that  Portland  could  not  be  held  as  a  donation 
claim:  first,  because  it  dated  from  1845,  and  congress 
did  not  recognize  claims  under  the  provisional  gov 
ernment;  again,  because  congress  contemplated  only 
agricultural  grants;  and  last,  on  account  of  the  clause 
in  the  organic  act  which  made  void  all  laws  of  the 
provisional  government  affecting  the  title  to  land. 
He  also  believed  the  town-site  law  to  be  extended  to 
Oregon  along  with  the  other  United  States  laws;  and 


284  LAND  LAWS  AND  LAND  TITLES. 

further  asserted  that  the  donations  were  in  the  na 
ture  of  preemption,,  only  more  liberal.37 

This  decision  made  the  Portland  land  case  more 
intricate  than  before,  all  rights  of  ownership  in  the 
land  being  disallowed,  and  there  being  no  reasonable 
hope  that  those  claiming  it  could  ever  acquire  any; 
since  if  they  should  be  able  to  hold  the  land  until  it 
came  into  market,  there  would  still  be  the  danger  that 
any  person  being  settled  upon  any  of  the  legal  sub 
divisions  might  claim  it,  if  not  sufficiently  settled 
to  be  organized  into  a  town.  Or  should  the  town-site 
law  be  resorted  to,  the  town  would  be  parcelled  out 
to  the  occupants  according  to  the  amount  occupied 
by  each.  Sad  ending  of  golden  dreams! 

But  the  commissioner  himself  pointed  out  a  possi 
ble  flaw  in  the  argument,  in  the  word  *  surveyed/  in 
the  second  line  of  the  act  of  1844.  The  lands  settled 
on  in  Oregon  as  town  sites  were  not  surveyed,  which 
might  affect  the  application  of  that  law.  The  doubt 
led  to  the  employment  of  the  judicial  talent  of  the 
territory  in  the  solution  of  this  legal  puzzle,  which 
was  not,  after  all,  so  difficult  as  at  a  cursory  glance 
it  had  seemed.  Chief  Justice  Williams,  in  a  case 
brought  by  Henry  Martin  against  W.  G.  T'Vault 
and  others,  who,  having  sold  town  lots  in  Vancouver 
in  exchange  for  Martin's  land  claim,  under  a  bond  to 
comply  with  the  requirements  of  the  expected  dona 
tion  law,  and  then  to  convey  to  Martin  by  a  good  and 
sufficient  deed,  refused  to  make  good  their  agreement, 
reviewed  the  decision  of  Commissioner  Wilson  and 
Secretary  McClelland  in  a  manner  that  threw  much 
light  upon  the  town-site  law,  and  showed  Oregon 
lawyers  capable  of  dealing  with  these  knotty  questions. 

Judge  Williams  denied  that  that  portion  of  the 
organic  act  which  repealed  all  territorial  laws  affect 
ing  the  title  to  land  repealed  all  laws  regulating  the 

87  Or.  Statesman,  June  6,  1854;  Olympia  Pioneer  and  Democrat,  June  24, 
1854;  Portland  Oreyonian,  June  10,  1854.  See  also  Brief  on  behalf  of  Stark, 
Coffin,  and  Chapman,  prepared  by  S.  S.  Baxter. 


RIGHTS  OF  SETTLERS.  285 

possessory  rights  of  settlers.  Congress,  he  said,  was 
aware  that  many  persons  had  taken  and  largely  im 
proved  claims  under  the  provisional  government,  and 
did  not  design  to  leave  those  claims  without  legal  pro 
tection,  but  simply  to  assert  the  rights  of  the  United 
States;  did  not  mean  to  say  that  the  claim  laws  of  the 
territory  should  be  void  as  between  citizen  and  citizen, 
but  that  the  United  States  title  should  not  be  encum 
bered.  He  argued  that  if  the  act  of  1848  vacated 
such  claims,  the  act  of  1850  made  them  valid,  by 
granting  to  those  who  had  resided  upon  their  claims, 
and  by  protecting  the  rights  of  their  heirs,  in  the 
case  of  their  demise  before  the  issuance  of  patents. 
The  surveyor  general  was  expressly  required  to  issue 
certificates,  upon  the  proper  proof  of  settlement  and 
cultivation,  "whether  made  under  the  provisional 
government  or  not."  He  declared  untenable  the 
proposition  that  land  occupied  as  a  town  site  prior  to 
1850  was  not  subject  to  donation  under  the  act.  A 
man  might  settle  upon  a  claim  in  1850,  and  in  1852 
lay  it  out  into  a  town  site;  but  the  surveyor  general 
could  not  refuse  him  a  certificate,  so  long  as  he  had 
continued  to  reside  upon  and  cultivate  any  part  of  it. 

The  rights  of  settlers  before  1850  and  after  were 
placed  upon  precisely  the  same  footing,  and  therefore 
if  a  claim  were  taken  in  1847,  and  laid  off  in  town 
lots  in  1849,  supposing  the  law  to  have  been  complied 
with  in  other  respects,  the  claimant  would  have  the 
same  rights  as  if  he  had  gone  upon  the  land  after  the 
passage  of  the  donation  law.  The  surveyor  general 
could  not  say  to  an  applicant  who  had  complied  with 
the  law  that  he  had  forfeited  his  right  by  attempting 
to  build  up  a  town.  A  settler  had  a  right  to  admit 
persons  to  occupy  under  him  or  to  exclude  them;  and 
if  he  admitted  them — such  action  not  being  against 
the  public  good — it  ought  not  to  prejudice  his  claim. 

Judge  Williams  further  held  that  the  town-site  law 
of  1844  was  not  applicable  to  Oregon,  and  that  the 
land  laws  of  the  United  States  had  not  been  extended 


286  LAND  LAWS  AND  LAND  TITLES. 

over  this  territory.  The  preemption  law  had  never 
been  in  force  in  Oregon;  there  were  no  land  districts 
or  land  offices  established.38  No  claims  had  ever  been 
taken  with  reference  to  such  a  law,  nor  had  any  one 
ever  thought  of  being  governed  by  them  in  Oregon. 
And  as  to  town  sites,  while  the  California  land  law 
excepted  them  from  private  entry,  the  organic  act  of 
Oregon  excepted  only  salt  and  mineral  lands,  and  said 
nothing  about  town  sites;  while  the  act  of  1850  spe 
cifically  granted  the  Oregon  City  claim,  leaving  all 
other  claims  upon  the  same  footing,  one  with  another. 

Meanwhile,  the  citizens  of  Portland  who  had  pur 
chased  lots  were  in  a  state  of  bewilderment  as  to  their 
titles.  They  knew  of  whom  they  had  purchased;  but 
since  the  apportionment  of  the  surveyor  general,  which 
made  over  to  Coffin  a  part  of  Lownsdale's  convey 
ances  and  to  Lownsdale  and  Chapman  a  part  of  Cof 
fin's  conveyances,  they  knew  not  where  to  look  for 
titles.  To  use  the  words  of  one  concerned,  a  'three 
days'  protracted  meeting'  of  the  citizens  had  been  held 
to  devise  ways  and  means  of  obtaining  titles  to  their 
lots.  They  finally  memorialized  congress  to  pass  a 
special  act,  exempting  the  town  site  of  Portland  from 
the  provisions  of  the  donation  act,  which  failed  to 
meet  with  approval,  being  opposed  by  a  counter-peti 
tion  of  the  proprietors ;  though  whether  it  would  have 
succeeded  without  the  opposition  was  unknown. 

In  the  winter  of  1854-5  a  bill  was  before  the  legis 
lative  assembly  for  the  purchase  of  the  Portland  land 
claim  under  the  town-site  law  of  1844,  before  men 
tioned,  Portland  having  become  incorporated  in  1851, 
and  having  an  extent  of  two  miles  on  the  river  by 
one  mile  west  from  it.  Coffin  and  Chapman  opposed 
the  bill,  and  the  legislature  adjourned  without  taking 

88  Two  land  districts  were  established  in  February  1855,  Willamette  and 
Umpqua,  but  the  duties  of  officers  appointed  were  by  act  declared  to  be  '  the 
same  as  are  now  prescribed  by  law  for  other  land  offices,  and  for  the  surveyor 

feneral  of  Oregon,  so  far  as  they  apply  to  such  offices.'    Or.  Statutes,  1853-4, 
7.     They  simply  extended  new  facilities  to,  without  imposing  any  new  regu 
lations  upon,  the  settlers. 


TOWN  SITE  LAWS.  287 

any  action  in  the  matter.39  Finally,  the  city  of  Port 
land  was  allowed  to  enter  320  acres  under  the  town- 
site  law  in  1860,  some  individual  claims  under  the 
same  being  disallowed.40 

The  decision  rendered  by  the  general  land  office  in 
1858  was  that  the  claims  of  Stark,  Chapman,  arid 
Coffin  were  good,  under  their  several  notifications; 
that  Lownsdale's  was  good  under  his  first  notification ; 
and  that  where  the  claims  of  these  parties  conflicted 
with  the  town-site  entry  of  320  acres  their  titles  should 
be  secured  through  the  town  authorities  under  the 
provisions  of  the  act  of  1844,  and  the  supplementary 
act  of  1854  relating  to  town  sites.41 

On  the  demise  of  Lowrisdale,  not  long  after,  his 
heirs  at  law  attempted  to  lay  claim  to  certain  lots 
in  Portland  which  had  been  sold  previous  to  the  ad 
justment  of  titles,  but  with  the  understanding  and 
agreement  that  when  their  claims  should  be  con 
firmed  the  grantors  of  titles  to  town  lots  should  con 
firm  the  title  of  the  grantees.  The  validity  of  the 
titles  obtained  from  Stark,  Lownsdale,  Coffin,  and 
Chapman,  whether  confirmed  or  not,  was  sustained 
by  the  courts.  A  case  different  from  either  of  these 
was  one  in  which  the  heirs  of  Mrs  Lownsdale  proved 
that  she  had  never  dedicated  to  the  public  use  in 
streets  or  otherwise  a  portion  of  her  part  of  the  do 
nation  claim;  nor  had  the  city  purchased  from  her 
the  ground  on  which  Park  street,  the  pride  of  Port 
land,  was  laid  out.  To  compel  the  city  to  do  this,  a 
row  of  small  houses  was  built  in  the  street,  where 

89  Or.  Statesman,  Feb.  6,  1855.  As  the  reader  has  probably  noticed,  the 
town-site  law  was  extended  to  Oregon  in  July  1854,  but  did  not  apply  to 
claims  already  taken,  consequently  would  not  apply  to  Portland.  See  also 
Dec.  Sup.  Ct,  relative  to  Town  Sites  in  Or.;  Or.  Statesman,  Aug.  8,  1875;  Or. 
S.  C.  Repts,  1853-4. 

40  A.  P.  Dennison,  and  one  Spear,  made  claims  which  were  disallowed. 
The  latter's  pretensions  arose  from  having  leased  some  land  between  1850  and 
1853,  and  believing  that  he  could  claim  as  a  resident  under  that  act.  Denni- 
son's  pretensions  were  similarly  founded,  and,  I  believe,  Carter's  also. 

*lBriefin  behalf  of  Stark,  Coffin,  Lownsdale,  and  Chapman,  1-24;  Or.  States 
man,  Dec.  21,  1858.  See  also  Martin  vs  T 'Vault,  1  Or.  77;  Lownsdale  va 
City  of  Portland  (U.  S.  D.  C.),  1  Or.  380;  Chapman  vs  School  District  No.  1 
et  al.;  Opin.  Justice  Deady,  C.  C.  U.  S.;  Bur.ct  vs  Lownsd.de. 


288  LAND  LAWS  AND  LAND  TITLES. 

they  remain  to  this  time,  the  city  unwilling  to  pur 
chase  at  the  present  value,  and  the  owners  determined 
not  to  make  a  present  of  the  land  to  the  public.42 
There  was  likewise  a  suit  for  the  Portland  levee,  which 
had  been  dedicated  to  the  use  of  the  public.  The  su 
preme  court  decided  that  it  belonged  to  the  town;  but 
Deady  reversed  the  decision,  on  the  ground  that  at 
the  time  the  former  decision  was  rendered  the  land 
did  not  belong  to  the  city,  but  to  Coffin,  Chapman, 
and  Lownsdale.43 

42  Lownsdale  died  in  April  1862.     His  widow  was  Nancy  Gillihan,  to  whom 
he  was  married  about  1850. 

43  Apropos  of  the  history  of  Portland  land  titles:  there  came  to  Oregon 
with  the  immigration  of  1847  a  woman,  commonly  believed  to  be  a  widow, 
calling  herself  Mrs  Elizabeth  Caruthers,  and  with  her,  Finice  Caruthers,  her 
son.     They  settled  on  land  adjoining  Portland  on  the  south,  and  when  the 
donation  law  of  1850  was  passed,  the  woman  entered  her  part  of  the  claim 
tinder  the  name  of  Elizabeth  Thomas,  explaining  that  she  had  married  one 
Thomas,  in  Tennessee,  who  had  left  her,  and  who  she  heard  had  died  in 
1821.     She  preferred  for  certain  reasons  to  be  known  by  her  maiden  name  of 
Caruthers.     She  was  allowed  to  claim  320  acres,  and  her  son  320,  making  a 
full  donation  claim.     A  house  was  built  on  the  line  between  the  two  portions, 
in  which  both  claimants  lived.     In  due  time  both  '  proved  up  '  and  obtained 
their  certificates  from  the  land  office.     About  1857  Mrs  Caruthers-Thomas 
died;  and  in  I860  Finice,  her  son,  died.     As  he  was  her  sole  heir,  the  whole 
640  acres  belonged  to  him.     Leaving  no  will,  and  being  without  family,  the 
estate  was  administered  upon  and  settled. 

So  valuable  a  property  was  not  long  without  claimants.  The  state  claimed 
it  as  an  escheat,  Or.  Jour.  House,  1808,  44-6,  465,  but  resigned  its  preten 
sions  on  learning  that  there  were  heirs  who  could  claim.  During  this  time 
an  attempt  had  been  made  to  prove  Finice  Thomas  illegitimate.  This  fail 
ing,  A.  J.  Knott  and  R.  J.  Ladd  preempted  the  land  left  by  Mrs  Thomas,  on 
the  ground  that  being  a  woman  she  could  not  take  under  the  donation  act. 
Knott  and  Ladd  obtained  patents  to  the  land;  but  they  were  subsequently 
set  aside  by  the  U.  S.  sup.  ct,  which  held  that  a  woman  was  a  man  in  legal 
parlance,  and  that  Mrs  Thomas'  claim  was  good. 

Meantime  agitation  brought  to  the  surface  new  facts.  There  were  men 
in  Oregon  who  had  known  the  husband  in  Tennessee  and  Missouri,  and  who 
believed  him  still  alive.  Two  who  had  known  Thomas,  or  as  he  was  called, 
Wrestling  Joe,  were  sent  to  St  Louis,  accompanied  by  a  lawyer,  to  discover 
the  owner  of  south  Portland.  He  was  found,  his  identity  established,  his  in 
terest  in  the  property  purchased  for  the  parties  conducting  the  search,  and  lie 
was  brought  to  Oregon  to  aid  in  establishing  the  right  of  the  purchasers.  In 
Oregon  were  found  a  number  of  persons  who  recognized  and  identified  him  as 
Wrestling  Joe  of  the  Missouri  frontier,  though  old  and  feeble.  He  was  a 
man  not  likely  to  be  forgotten  or  mistaken,  and  had  a  remarkable  scar  on  his 
face.  In  1872  a  case  was  brought  to  trial  before  a  jury,  who  on  the  evidence 
decided  that  the  man  brought  to  Oregon  was  Joe  Thomas.  Soon  after,  and 
pending  an  appeal  to  the  sup.  ct,  a  compromise  was  effected  with  the  con 
testants,  by  the  formation  of  the  South  Portland  Real  Estate  Association, 
which  bought  up  all  the  conflicting  claims  and  entered  into  possession.  Sub 
sequently  they  sold  to  Villard. 

After  the  settlement  of  the  suits  as  above,  Wrestling  Joe  became  incensed 
with  some  of  the  men  connected  with  the  settlement,  and  denied  that  he  was 


THE  DALLES  CLAIM.  289 

Advantage  was  sought  to  be  taken  by  some  of  that 
clause  in  the  donation  law  which  declared  that  no  laws 
passed  by  the  provisional  legislature  interfering  with 
the  primary  disposal  of  the  soil  should  be  valid.  But 
the  courts  held,  very  properly,  that  it  had  not  been 
the  intention  of  congress  to  interfere  with  the  arrange 
ments  already  made  between  the  settlers  as  to  the 
disposal  of  their  claims,  but  that  on  the  contrary  the 
organic  law  of  the  territory  distinctly  said  that  all  bonds 
and  obligations  valid  under  the  laws  of  the  provisional 
government,  not  in  conflict  with  the  laws  of  the  United 
States,  were  to  be  valid  under  the  territorial  laws  till 
altered  by  the  legislature,  and  that  the  owners  of  town 
sites  who  had  promised  deeds  were  legally  bound  to 
furnish  them  on  obtaining  the  title  to  the  land.  And 
the  courts  also  decided  that  taxes  should  be  paid  on 
land  claims  before  the  patents  issued,  because  by  the 
act  of  September  27,  1850,  the  land  was  the  property 
in  fee  simple  of  every  claimant  who  had  fulfilled  the 
conditions  of  the  law. 

A  question  arose  concerning  the  right  of  a  man  hav 
ing  an  Indian  woman  for  a  wife  to  hold  640  acres  of 
land,  which  was  decided  by  the  courts  that  he  could 
so  hold. 

The  Dalles  town-site  claim  was  involved  in  doubt 
and  litigation  down  to  a  recent  period,  or  during  a 
term  of  twenty-three  years.  That  the  methodists 
first  settled  at  this  point  as  missionaries  is  known  to 
the  reader;  also  that  in  1847  they  sold  it  to  Whitman, 
who  was  in  possession  during  the  Cayuse  war,  which 
drove  all  the  white  population  out  of  the  country. 
Thus  the  first  claim  was  methodist,  transferred  to  the 
presbyterians,  and  finally  abandoned.  But,  as  I  have 

that  person,  asserting  that  his  name  was  John  C.  Nixon,  and  that  all  he  had 
testified  to  before  was  false.  This  led  to  the  indictment  and  arrest  of  the 
men  who  went  to  St  Louis  to  find  and  identify  Thomas,  but  on  their  trial  the 
evidence  was  so  strong  that  they  were  acquitted.  Soon  after,  Thomas  re 
turned  to  St  Louis,  where  he  lived,  as  before,  after  the  manner  of  a  mendi 
cant.  See  communication  by  W.  C.  Johnson,  in  Portland  Or.,  Feb.  2,  1878. 
HIST.  OB.,  VOL.  II.  19 


290  LAND  LAWS  AND  LAND  TITLES. 

elsewhere  shown,  a  catholic  mission  was  maintained 
there  afterward  for  some  years. 

From  the  sale44  and  abandonment  of  the  Dalles 
mission  to  June  1850  there  was  no  protestant  mission 
at  that  place;  but  subsequent  to  the  passage  of  the 
donation  law,  and  notwithstanding  the  military  reser 
vation  of  the  previous  month  of  May,  an  attempt  was 
made  to  revive  the  methodist  claim  in  that  year  by 
surveying  and  making  a  claim  which  took  in  the  old 
mission  site;  and  in  1854  their  agent,  Thomas  H. 
Pearne,  notified  the  surveyor  general  of  the  fact.45  In 
the  interim,  however,  a  town  had  grown  up  at  this 
place,  and  certain  private  individuals  and  the  town 
officers  opposed  the  pretensions  of  the  methodists. 
And  it  would  seem  from  the  action  of  the  military 
authorities  at  an  earlier  date  that  either  they  differed 
from  the  methodist  society  as  to  their  rights,  or  were 
willing  to  give  them  an  opportunity  to  recover  dam 
ages  for  the  appropriation  of  their  property,  the  for 
mer  mission  premises  being  located  about  in  the  centre 
of  the  reservation. 

When  the  amended  land  law  in  1853  reduced  the 
military  reservations  in  Oregon  to  a  mile  square,  the 
reserve  as  laid  out  still  took  something  more  than 
half  of  the  claim  as  surveyed  by  the  methodists  in 
1850.46  For  this  the  society,  by  its  agent,  brought  a 

44  The  price  paid  by  Whitman  for  the  improvements  at  The  Dalles  was, 
according  to  the  testimony  of  the  methodist  claimants,  $GOO  in  a  draft  on  the 
American  board,  the  agreement  being  cancelled  in  1849  by  a  surrender  of  the 
draft. 

45  The  superintendent  of  the  M.  E.  mission,  William  Roberts,  advertised 
in  the  Spectator  of  Jan.  10,  1850,  that  he  designed  to  reoccupy  the  place,  de 
claring  that  the  society  had  only  withdrawn  from  it  for  fear  of  the  Indians, 
though  every  one  could  know  that  when  the  mission  was  sold  the  war  had  not 
yet  broken  out.     The  Indians  were,  however,  ill-tempered  and  defiant,  as  I 
have  related.    See  Fulton'' s  Eastern  Oregon,  MS.,  8. 

46 Fulton  describes  the  boundaries  as  follows:  'When  the  government  re 
duced  the  military  reservations  to  a  mile  square,  it  happened  that,  on  survey 
ing  the  land  so  as  to  bring  the  fort  in  the  proper  position  with  regard  to  the 
boundaries,  a  strip  of  land  was  left  nearly  a  quarter  of  a  mile  in  width  next 
the  river,  which  was  not  covered  by  the  reserve.  To  this  strip  of  land  the 
mission  returned,  upon  the  pretence  that  as  it  was  not  included  in  the  military 
reservation,  for  which  they  had  received  $24,000,  it  was  still  theirs.  In  ad 
dition  to  the  river  front,  there  was  also  a  strip  of  land  on  the  east  side  of  the 
reserve  which  was  brought  by  the  government  survey  within  the  section  that 


MISSION  LANDS.  291 

claim  against  the  government  for  $20,000  for  the 
land,  and  later  of  $4,000  for  the  improvements,  which 
in  their  best  days  had  been  sold  to  Whitman  for  $600. 
Congress,  by  the  advice  of  Major  G.  J.  Raines,  then  in 
command  at  Fort  Dalles,  and  through  the  efforts  of 
politicians  who  knew  the  strength  of  the  society, 
allowed  both  claims;47  and  it  would  have  been  seemly 
if  this  liberal  indemnity  for  a  false  claim  had  satisfied 
the  greed  of  that  ever-hungry  body  of  Christian  min 
isters.  But  they  still  laid  claim  to  every  foot  of 
ground  which  by  their  survey  of  1850  fell  without 
the  boundaries  of  the  military  reserve,  taking  enough 
on  every  side  of  it  to  make  up  half  of  a  legal  mission 
donation.48 

The  case  came  before  three  successive  surveyor- 
generals  and  the  land  commissioners,49  and  was  each 
time  decided  against  the  missionary  society,  until,  as 
I  have  said,  congress  was  induced  to  pay  damages  to 
the  amount  of  $24,000,  in  the  expectation,  no  doubt, 
that  this  would  settle  the  claims  of  the  missionaries 
forever.  Instead  of  this,  however,  the  methodist  in 
fluence  was  strong  enough  with  the  secretary  of  the 
interior  in  1875  to  enlist  him  in  the  business  of  get 
ting  a  deed  in  fee  simple  from  the  government  of  the 
land  claimed  by  the  missionaries,50  although  the  prop- 
would  have  been  the  mission  claim  if  adhered  to  as  originally  occupied. 
This  also  they  claimed,  managing  so  well  that  to  make  out  their  section  they 
went  all  around  the  reserve.  Eastern  Or.,  MS.,  3-5. 

47  Bill  passed  in  June  1860.     See  remarks  upon  it  by  Or.  Statesman,  April 
26,  1859;  Id.,  March  15,  1859;  Lid.  Aff.  Kept,  1854,  284-6. 

48  They  made  another  point — that  Waller  had  left  The  Dalles  and  taken  land 
at  Salem,  where  he  had  hut  half  a  claim,  which  he  wanted  to  fill  up  at  The 
Dalles.  Fultoris  Eastern  Or.,  MS.,  7.     Deady  says  notwithstanding  that  Rob 
erts  had  declared  the  sale  to  Whitman  cancelled  in  1849,  a  formal  deed  of 
quitclaim  was  not  obtained  till  Feb.  28,  1859;  and  further,  that  on   the  3d 
of  November,   1858,  Walker  and  Eells,  professing  to  act  for  the  American 
board,  had  conveyed  the  premises  to  M.  M.  McCarver  and  Samuel  L.  White, 
subject  only  to  the  military  reservation.  Portland  Oregonian,  Dec.  4,  1879; 
Or.  Statesman,  Aug.  25  and  Sept.  8,  1855. 

49  U.  S.  H.  Ex.  Doc.,  1,  vol.  v.  5,  38th  cong.  2d  sess.;  Land  Off.  Rept,  1864, 
2;  Portland  Oregonian,  Jan.  23,  1865. 

50 Portland  Advocate,  May  6,  1875;  Vancouver  Register,  Aug.  6,  1875;  JV. 
Y.  Methodist,  in  Walla  Walla  Statesman,  May  1,  1875.  Fulton  says  James 
K.  Kelly  told  him  that  Delano  had  himself  been  a  methodist  minister,  which 
may  account  for  the  strong  interest  in  this  case.  Eastern  Or.,  MS.,  6. 


292  LAND  LAWS  AND  LAND  TITLES. 

erty  was  already  covered  by  a  patent  under  the  dona 
tion  act  to  W.  D.  Bigelow,  who  settled  at  The  Dalles 
in  1853,51  and  a  deed  under  the  town-site  act.  But 
by  Judge  Deady  this  patent  was  held  of  no  effect, 
because  the  section  of  the  statutes  under  which  it 
was  issued  imposed  conditions  which  were  not  com 
plied  with,  namely,  that  the  grant  could  only  be  made 
upon  a  survey  approved  by  the  surveyor  general  and 
found  correct  by  the  commissioner,  neither  of  which 
could  be  maintained,  as  both  had  rejected  the  claim. 
And  in  any  case,  under  the  statute,52  such  a  patent 
could  operate  only  as  a  relinquishment  of  title  on  the 
part  of  the  United  States,  and  could  not  interfere 
with  any  valid  adverse  right  like  that  of  Bigelow  or 
Dalles  City,  nor  preclude  legal  investigation  and  de 
cision  by  a  proper  judicial  tribunal. 

This  legal  investigation  began  in  the  circuit  court 
of  Wasco  county  in  September  1877,  but  was  re 
moved  in  the  following  January  to  the  United  States 
district  court,  which  rendered  a  decision  in  October 
1879  adverse  to  the  missionary  society,  and  sustain 
ing  the  rights  of  the  town-site  owners  under  the  do 
nation  and  town-site  laws,  founded  upon  a  thorough 
examination  of  the  history  and  evidence  in  the  case. 
The  mission  then  appealed  to  the  U.  S.  supreme 
court,  which,  in  1883,  finally  affirmed  Deady 's  deci 
sion,  and  The  Dalles,  which  had  been  under  this  cloud 
for  a  quarter  of  a  century,  was  at  length  enabled  to 
give  a  clear  title  to  its  property. 

The  claim  made  by  the  catholics  at  The  Dalles  in 

51  Bigelow  sold  and  conveyed,  Dec.  9,  1862,  an  undivided  third  interest  in 
27  acres  of  his  claim  to  James  K.  Kelly  and  Aaron  E.  Wait;  and  Dec.  12, 
1864,  also  conveyed  to  Orlando  Humason  the  remaining  two  thirds  of  this 
tract.  Humason  died  in  Sept.  1875,  leaving  the  property  to  his  widow  Phoebe 
Humason,  who  became  one  of  three  in  a  suit  against  the  missionary  society. 
See  The  Dalles  Meth.  Miss.  Claim  Cases,  5,  a  pamphlet  of  22  pp.  Bigelow 
also  conveyed  to  Kelly  and  Wait  46  town  lots  on  the  hill  part  of  the  town, 
known  as  Bluff  addition  to  Dalles  City.  Id. 

02 Deady  quotes  it  as  'section  2447  of  the  K.  S.,'  and  says  it  was  'taken 
from  the  act  of  Dec.  22,  1854,  authorizing  the  issue  of  patents  in  certain  cases, 
and  only  applies  where  there  has  been  a  grant  by  statute  without  a  provision 
for  the  issue  of  a  patent,'  which  could  not  be  affirmed  in  this  case. 


REFLECTIONS.  293 

1848,  and  who  really  were  in  possession  at  the  time 
of  the  passage  of  the  organic  act,  was  set  aside,  ex 
cept  so  far  as  they  were  allowed  to  retain  about  half 
an  acre  for  a  building  spot.  So  differently  is  law  in 
terpreted,  according  to  whether  its  advocates  are 
governed  by  its  strict  construction,  by  popular  clamor, 
or  by  equity  and  common  sense. 

In  the  case  of  the  original  'old  mission'  of  the 
methodist  church  in  the  Willamette  Valley,  the  re 
moval  of  the  mission  school  to  Salem  in  1843  pre 
vented  title.  The  land  on  which  Salem  now  stands 
would  have  come  under  the  law  had  not  the  mission 
school  been  discontinued  in  1844;  and  the  same  may 
be  said  of  all  the  several  stations,  that  they  had  been 
abandoned  before  1850. 

As  to  the  grants  to  protestant  missions,  they  re 
ceived  little  benefit  from  them.  The  American  board 
sold  Waiilatpu  for  $1,000  to  Cushing  Eells,  as  I  have 
before  mentioned.  It  was  not  a  town  site,  and  there 
was  no  quarrel  over  it.  An  attempt  by  the  catholics 
to  claim  under  the  donation  law  at  Walla  Walla  was 
a  failure  through  neglect  to  make  the  proper  notifica 
tion,  as  I  have  also  stated  elsewhere.  No  notice  of 
the  privilege  to  claim  at  Lapwai  was  taken  until  1862, 
when  the  Indian  agent  of  Washington  Territory  for 
the  Nez  Perces  was  notified  by  Eells  that  the  land  he 
was  occupying  for  agency  purposes  was  claimed  by 
the  American  board,  and  a  contest  arose  about  sur 
veying  the  land,  which  was  referred  to  the  Indian 
bureau,  Eells  forbidding  the  agent  to  make  any  fur 
ther  improvements.53  But  as  the  law  under  which 

63  Charles  Hutchins,  the  agent  referred  to,  remarks  that  the  missionaries 
at  Lapwai  may  have  acted  with  discretion  in  retiring  to  the  Willamette  Val 
ley,  although  they  were  assured  of  protection  by  the  Nez  Percys;  but  as 
they  had  made  no  demonstration  of  returning  from  1847  to  1862,  and  had 
been  engaged  in  other  pursuits,  it  was  suggestive  of  the  thought  that  it  was 
the  value  of  the  improvements  made  upon  the  land  that  prompted  them  to 
put  in  their  claim  at  this  time.  He  could  have  added  that  the  general  im 
provement  in  this  part  of  the  country  might  have  prompted  them.  hid.  Aff. 
M&pt,  loG2,  426. 


294  LAND  LAWS  AND  LAND  TITLES. 

the  missions  could  claim  required  actual  occupancy  at 
the  time  of  its  passage,  none  of  the  lands  resided  upon 
by  the  presbyterians  were  granted  to  the  board  ex 
cept  the  Waiilatpu  claim  from  which  the  occupants 
were  excluded  by  violence  and  death.  Thus,  of  all 
the  land  which  the  missionaries  had  taken  so  much 
trouble  to  secure  to  their  societies,  and  which  the  or 
ganic  act  was  intended  to  convey,  only  the  blood 
stained  soil  of  Whitman's  station  was  ever  confirmed 
to  the  church,  because  before  1848  every  Indian  mis 
sion  had  been  abandoned  except  those  of  the  catho 
lics,  who  failed  to  manage  well  enough  to  have  their 
claims  acknowledged  where  they  might  have  done 
so,  and  who  committed  the  blunder  of  attempting  to 
seize  the  land  of  the  Hudson's  Bay  Company  at  Van 
couver. 

Great  as  was  the  bounty  of  the  government,  it  was 
not  an  unmixed  blessing.  It  developed  rapacity  in 
some  places,  and  encouraged  slothful  habits  among 
some  by  giving  them  more  than  they  could  care  for, 
and  allowing  them  to  hope  for  riches  from  the  sale  of 
their  unused  acres.  The  people,  too,.soon  fell  out  with 
the  surveyor-general  for  taking  advantage  of  his  po 
sition  to  exact  illegal  fees  for  surveying  their  claims 
prior  to  the  public  survey,  Preston  requiring  them  to 
bear  this  expense,  and  to  employ  his  corps  of  survey 
ors.  About  $25,000  was  extorted  from  the  farmers 
in  this  way,  when  Preston  was  removed  on  their  com 
plaint,  and  Charles  K.  Gardiner  of  Washington  city 
appointed  in  his  place  in  November  1853. 

Gardiner  had  not  long  been  in  office  before  he  fol 
lowed  Preston's  example.  The  people  protested  and 
threatened,  and  Gardiner  was  obliged  to  yield.  Both 
the  beneficiaries  and  the  federal  officer  knew  that  an 
appeal  to  the  general  land  office  would  result  in  the 
people  having  their  will  in  any  matters  pertaining  to 
their  donation.  The  donation  privileges  expired  in 
1855,  after  which  time  the  public  lands  were  subject 


PREEMPTION  AND  PATENTS.  295 

to  the  United  States  law  for  preemption  and  pur 
chase.54  On  the  admission  of  Oregon  as  a  state  in 
1859,  out  of  eight  thousand  land  claims  filed  in  the 
registrar's  office  in  Oregon  City,  only  about  one  eighth 
had  been  forwarded  to  Washington  for  patent,  owing 
to  the  neglect  of  the  government  to  furnish  clerks  to 
the  registrar,  who  could  issue  no  more,  than  one  certifi 
cate  daily.  Fees  not  being  allowed,  this  officer  could 
not  afford  to  hire  assistants.  But  in  1862  fees  were 
allowed,  and  the  work  progressed  more  satisfactorily, 
though  it  is  doubtful  if  ten  years  afterward  all  the 
donation  patents  had  been  issued.55 

64  In  1856  John  S.  Zieber  was  appointed  surveyor  general,  and  held  the 
office  until  1859,  when  W.  W.  Chapman  was  appointed.  In  1861  he  gave 
way  to  B.  J.  Pengra,  and  he  in  turn  to  E.  L.  Applegate,  who  was  followed 
by  W.  H.  Odell,  Ben.  Simpson,  and  J.  C.  Tolman,  all  Oregon  men. 

53  Land  Off.  Rept,  1858,  33,  1863,  21-2;  Or.  Argus,  Sept.  11,  1858;  S.  F. 
Bulletin,  Jan.  28,  1864. 


.  CHAPTER  XL 

POLITICS   AND   PROGRESS. 
1853. 

LEGISLATIVE  PROCEEDINGS — JUDICIAL  DISTRICTS — PUBLIC  BUILDINGS— TENOR 
OF  LEGISLATION— INSTRUCTIONS  TO  THE  CONGRESSIONAL  DELEGATE — HAR 
BORS  AND  SHIPPING— LANE'S  CONGRESSIONAL  LABORS— CHARGES  AGAINST 
GOVERNOR  GAINES — OCEAN  MAIL  SERVICE— PROTECTION  OF  OVERLAND 
IMMIGRANTS — MILITARY  ROADS — DIVISION  OF  THE  TERRITORY — FEDERAL 
APPOINTMENTS — NEW  JUDGES  AND  THEIR  DISTRICTS— WHIGS  AND  DEM 
OCRATS — LANE  AS  GOVERNOR  AND  DELEGATE — ALONZO  A.  SKINNER — AN 
ABLE  AND  HUMANE  MAN — SKETCH  OF  HIS  LIFE  AND  PUBLIC  SERVICES. 

I  HAVE  said  nothing  about  the  legislative  and  po 
litical  doings  of  the  territory  since  the  summer  of 
1852,  when  the  assembly  met  in  obedience  to  a  call 
from  Governor  Gaines,  only  to  show  its  contempt  by 
adjourning  without  entering  upon  any  business.1  At 
the  regular  term  in  December  there  were  present  five 
whigs,  three  from  Clackamas  county  and  two  from 
Yamhill.  Only  one  other  county,  Umpqua,  ran  a 
whig  ticket,  and  that  elected  a  democrat,  which 
promised  little  comfort  for  the  adherents  of  Gaines 

JThe  council  was  composed  of  Deady,  Garrison,  Lovejoy,  Hall,  and  Way- 
mire  of  the  former  legislature,  and  A.  L.  Humphry  of  Benton  and  Lane 
counties,  Lucius  W.  Phelps  of  Linn,  and  Levi  Scott  of  Umpqua,  Douglas,  and 
Jackson.  Lancaster,  from  the  north  side  of  the  Columbia,  was  not  present. 
The  members  of  the  lower  house  were  J.  C.  Avery  and  George  E.  Cole  of 
Benton;  W.  T.  Matlock,  A.  E.  Wait,  and  Lot  Whitcomb  of  Clackamas; 
John  A.  Anderson  of  Clatsop  and  Pacific;  F.  A.  Chenoweth  of  Clarke  and 
Lewis;  Curtis  of  Douglas;  John  K.  Hardin  of  Jackson;  Thomas  N.  Aubrey 
of  Lane;  James  Curl  and  Royal  Cottle  of  Linn;  B.  F.  Harding,  Benjamin 
Simpson,  and  Jacob  Conser  of  Marion;  H.  N.  V.  Holmes  and  J.  M.  Fulker- 
son  of  Polk;  A.  C.  Gibbs  of  Umpqua;  John  Richardson,  F.  B.  Martin,  and 
John  Carey  of  Yamhill;  Benjamin  Stark,  Milton  Tuttle,  and  Israel  Mitchell 
of  Washington.  Or.  Statesman,  July  31,  1852.  The  officers  elected  in  July 
held  over. 

(296) 


COURT  DISTRICTS.  297 

and  the  federal  judges,  whose  mendacity  in  denying 
the  validity  of  the  act  of  1849,  adopting  certain  of 
the  Revised  Statutes  of  1843  of  Iowa,  popularly 
known  as  the  steamboat  code,2  was  the  cause  of  more 
confusion  than  their  opposition  to  the  location  of  the 
seat  of  government  act,  also  declared  to  be  invalid, 
because  two  of  them  used  the  Revised  Statutes  of 
Iowa  of  1838,  adopted  by  the  provisional  government, 
in  their  courts,  instead  of  the  later  one  which  the 
legislative  assembly  declared  to  be  the  law. 

As  I  have  before  recorded,  the  legislature  of  1851- 
2,  in  order  to  secure  the  administration  of  the  laws 
they  enacted,  altered  the  judicial  districts  in  such  a 
manner  that  Pratt's  district  included  the  greater  part 
of  the  Willamette  Valley.  But  Pratt's  term  expired 
in  the  autumn  of  1852-3,  and  a  new  man,  C.  F. 
Train,  had  been  appointed  in  his  place,  toward  whom 
the  democracy  were  not  favorably  inclined,  simply 
because  he  was  a  whig  appointee.3  As  Pratt  was  no 
longer  at  hand,  and  as  the  business  of  the  courts  in 
the  counties  assigned  to  him  was  too  great  for  a  single 
judge,  the  legislature  in  1852-3  redistricted  the  ter 
ritory,  making  the  1st  district,  which  belonged  to 
Chief  Justice  Nelson,  comprise  the  counties  of  Lane, 
Umpqua,  Douglas,  and  Jackson ;  the  2d  district,  which 
would  be  Train's,  embrace  Clackamas,  Marion,  Yam- 
hill,  Polk,  Benton,  and  Linn;  and  the  3d,  or  Strong's, 
consist  of  Washington,  Clatsop,  Clarke,  Lewis,  Thurs- 
ton,  Pierce,  and  Island.  By  this  arrangement  Nelson 
would  have  been  compelled  to  remain  in  contact  with 
border  life  during  the  remainder  of  his  term  had  not 
Deady,  who  was  then  president  of  the  council,  re 
lented  so  far  as  to  procure  the  insertion  in  the  act  of 

2  Amory  Holbrook  thus  named  it,  meaning  it  was  a  carry-all,  because  it 
had  not  been  adopted  act  by  act.     Says  the  Or.  Statesman,  Jan.  8,  1853: 
'  The  code  of  laws  known  as  the  steamboat  code,  enacted  by  the  legislative 
assembly,  has  been  and  is  still  disregarded  by  both  of  the  federal  judges  in 
the  territory,  while  the  old  Iowa  blue-book,  expressly  repealed  by  the  as 
sembly,  is  enforced  throughout  their  districts.' 

3  The  Or.  Statesman^  Dec.  18,  1852,  predicted  that  he  would  never  come  to 
Oregon,  and  he  never  did. 


293  POLITICS  AND  PROGRESS. 

a  section  allowing  the  judges  to  assign  themselves  to 
their  districts  by  mutual  agreement,  only  notifying 
the  secretary  of  the  territory,  who  should  publish  the 
notice  before  the  beginning  of  March;4  the  concession 
being  made  on  account  of  the  active  opposition  of 
the  whig  members  to  the  bill  as  it  was  first  drawn, 
they  making  it  a  party  question,  and  several  demo 
crats  joining  with  them.  The  law  as  it  was  passed 
also  made  all  writs  and  recognizances  before  issued 
valid,  and  declared  that  no  proceedings  should  be 
deemed  erroneous  in  consequence  of  the  change  in 
the  districts.  The  judges  immediately  complied  with 
the  conditions  of  the  new  law,  and  assigned  them 
selves  to  the  territory  they  had  formerly  occupied. 

The  former  acts  concerning  the  location  of  the  pub 
lic  buildings  of  the  territory  were  amended  at  this 
term  and  new  boards  appointed,5  the  governor  being 
declared  treasurer  of  the  funds  appropriated,  without 
power  to  expend  any  portion  except  upon  an  order 
from  the  several  boards  constituted  by  the  legisla 
ture.6  Here  the  matter  rested  until  the  next  term 
of  the  legislature. 

*Id.,  Feb.  12,  1853.  The  Statesman  remarked  that  the  majority  in  the 
house  had  killed  the  first  bill  and  decided  to  leave  the  people  without  courts, 
•unless  they  could  carry  a  party  point,  when  the  council  in  a  commendable 
spirit  of  conciliation  passed  a  new  bill. 

5  The  new  board  consisted  of  Eli  M.  Barnum,  Albert  W.  Ferguson,  and 
Alvis  Kimsey.     Barnum  was  from  Ohio,  and  his  wife  was  Frances  Latimer  of 
Norwalk,  in  that  state.     The  penitentiary  board  consisted  of  William  M. 
King,   Samuel  Parker,    and  Nathaniel  Ford.     University  board,  James  A. 
Bennett,  John  Trapp,  and  Lucius  Phelps. 

6  The  acts  of  this  legislature  which  it  may  be  well  to  mention  are  as  follows: 
Creating  and  regulating  the  office  of  prosecuting  attorney;  L.  F.  Grover  be 
ing  appointed  for  the  2d  district,  R.  E.  Stratton  for  the  1st,  and  Alexander 
Campbell  for  the  3d.     At  the  election  of  June  following,  R.  P.  Boise  was 
chosen  in  the  2d  district,  Sims  in  the  1st,  and  Alex.  Campbell  in  the  3d. 
Establishing  probate  courts,  and  providing  for  the  election  of  constables  and 
notaries  public.     A.  M.  Poe  was  made  a  notary  for  Thurston  county,  D.  S. 
JVlaynard  of  King,  John  M.  Chapman  of  Pierce,  R.  H.  Lansdale  of  Island, 
A.  A.  Plummer  of  Jefferson,  Adam  Van  Dusen  of  Clatsop,  James  Scudder  of 
Pacific,   Septimus  Heulat  of  Clackamas,   and  W.  M.  King  of  Washington 
county.  Or.  Statesman,  Feb.  26,  1853.     An  act  was  passed  authorizing  the 
appointment  of  two  justices  of  the  peace  in  that  portion  of  Clackamas  east 
of  the  Cascades,  and  appointing  Cornelius  Palmer  and  Justin  Cheuoweth. 
The  commissioners  of  each  county  were  authorized  by  act  to  locate,  a  quarter- 
section  of  land  for  the  benefit  of  county  seats,  in  accordance  with  the  law  of 


LEGISLATION.  299 

The  resolutions  of  instruction  to  the  Oregon  dele 
gate  in  congress  at  this  session  required  his  endeavor 
to  obtain  §100,000  for  the  improvement  of  the  Wil- 

congress  passed  May  26,  1824,  and  report  such  locations  to  the  surveyor 
general.  Or.  Gen.  Laws,  1852-3,  68. 

I  have  spoken  before  of  the  several  new  counties  created  at  this  session, 
making  necessary  a  new  apportionment  of  representatives.  Those  north  of  the 
Columbia  were  Pierce,  King,  Island,  and  Jefferson.  The  county  seat  of 
Pierce  was  located  on  the  land  claim  of  John  M.  Chapman  at  Steilacoom; 
King,  on  the  claim  of  David  S.  Maynard  at  Seattle;  Jefferson,  on  the  claim 
of  Alfred  A.  Plummer  at  Port  Townsend;  Lewis,  on  the  claim  of  Frederick 
A.  Clark  at  the  upper  landing  of  the  Cowlitz.  Commissioners  of  King 
county  were  A.  A.  Denny,  John  N.  Lowe,  Luther  M.  Collins;  David  C.  Bor 
ing,  sheriff;  H.  D.  Yesler,  probate  clerk.  Commissioners  of  Jefferson  county, 
Lucius  B.  Hastings,  David  F.  Brownfield,  Albert  Briggs;  H.  C.  Wilson, 
sheriff;  A.  A.  Plummer,  probate  clerk.  Commissioners  of  Island  county, 
Samuel  D.  Howe,  John  Alexander,  John  Crockett;  W.  L.  Allen,  sheriff;  R. 
H.  Lansdale,  probate  clerk.  Commissioners  of  Pierce  county,  Thomas  M. 
Chambers,  William  Dougherty,  Alexander  Smith;  John  Bradley,  sheriff; 
John  M.  Chapman,  probate  clerk.  The  county  seat  of  Thurston  county  was 
located  at  Olympia,  and  that  of  Jackson  county  at  Jacksonville.  The  com 
missioners  appointed  were  James  Cluggage,  James  Dean,  and  Abel  George; 
Sykes,  sheriff;  Levi  A.  Rice,  probate  clerk.  The  county  seat  of  Lane  was 
fixed  at  Eugene  City.  The  earliest  settlers  of  this  part  of  the  Willamette 
were,  besides  Skinner,  Felix  Scott,  Jacob  Spores,  Benjamin  Richardson,  John 
Brown,  Marion  Scott,  John  Vallely,  Benjamin  and  Joseph  Davis,  C.  Mulli 
gan,  Lemuel  Davis,  Hilyard  Shaw,  Elijah  Bristow,  William  Smith,  Isaac 
and  Elias  Briggs. 

The  election  law  was  amended,  removing  the  five  years'  restriction  from 
foreign-born  citizens,  and  reducing  the  probationary  period  of  naturalized 
foreigners  to  six  months. 

An  act  was  passed  creating  an  irreducible  school  fund  out  of  all  moneys  in 
any  way  devoted  to  school  purposes,  whether  by  donation,  bequest,  sale,  or 
rent  of  school  lands,  or  in  any  manner  whatever,  the  interest  of  which  was 
to  be  divided  among  the  school  districts  in  proportion  to  the  number  of  chil 
dren- between  4  and  21  years  of  age,  with  other  regulations  concerning  educa 
tional  matters.  A  board  of  commissioners,  consisting  of  Arnold  Fuller,  Jacob 
Martin,  and  Harrison  Linnville,  was  created  to  select  the  two  townships  of 
land  granted  by  congress  to  a  territorial  university;  and  an  act  was  passed 
authorizing  the  university  commissioners  to  sell  one  fourth  or  more  of  the 
township,  to  be  selected  south  of  the  Columbia,  for  the  purpose  of  erecting  a 
university  building. 

The  Wallamet  University  was  established,  by  act  or"  the  legislature 
Jan.  10,  1853,  the  trustees  being  David  Leslie,  William  Roberts,  George 
Abernethy,  W.  H.  Wilson,  Alanson  Beers,  Francis  S.  Hoyt,  James  H. 
Wilbur,  Calvin  S.  Kingsley,  John  Flinn,  E.  M.  Barnum,  L.  F.  Grover,  B. 
F.  Harding,  Samuel  Burch,  Francis  Fletcher,  Jeremiah  Ralston,  John  D. 
Boon,  Joseph  Holman,  Webley  Hauxhurst,  Jacob  Conser.  Alvin  F.  Waller, 
John  Stewart,  James  R.  Robb,  Cyrus  Olney,  Asahel  Bush,  and  Samuel 
Parker. 

Pilotage  was  established  at  the  mouth  of  the  Umpqua,  and  the  office  of 
wreck-master  created  for  the  several  counties  bordering  on  the  sea-coast.  S. 
S.  Mann  was  appointed  for  Umpqua  and  Jackson,  Thomas  Goodwin  for  Clat- 
sop  and  Pacific,  and  Samuel  B.  Crockett  for  the  coast  north  of  Pacific  county, 
to  serve  until  these  offices  were  filled  by.  election. 

The  First  Methodist  Church  of  Portland  was  incorporated  January  25th, 
and  the  city  of  Portland  on  the  28th.  A  divorce  law  was  passed  at  this  ses- 


300  POLITICS  AND  PROGRESS. 

lamette  River;  $30,000  for  opening  a  military  road 
from  Steilacoom  to  Fort  Walla  Walla;  $40,000  for  a 
military  road  from  Scottsburg  to  Rogue  River  Valley; 
$15,000  to  build  a  light-house  at  the  mouth  of  the 
Umpqua;  $15,000  for  buoys  at  the  entrance  of  that 
river;  and  $40,000  tu  erect  a  fire-proof  custom-house 
at  that  place.  He  was  also  instructed  to  have  St 
Helen  made  a  port  of  delivery;  to  have  the  surveyor 
general's  office  removed  to  Salem ;  to  procure  an  in 
crease  in  the  number  of  members  of  council  from  nine 
to  fifteen,  and  in  the  house  of  representatives  from 
eighteen  to  thirty ;  to  ask  for  a  military  reconnoissance 
of  the  country  between  the  Willamette  Valley  and 
Fort  Boise;  to  procure  the  establishment  of  a  mail 
route  from  Olympia  to  Port  Townsend,  with  post- 
offices  at  Steilacoom,  Seattle,  and  Port  Townsend, 
with  other  routes  and  offices  at  Whiclby  Island  and  the 
mouth  of  the  Snohomish  River;  to  urge  the  survey 
of  the  boundary  line  between  California  and  Oregon ; 
to  procure  money  for  the  continuance  of  the  geologi 
cal  survey  which  had  been  carried  on  for  one  year 
previous  in  Oregon  territory;7  to  call  the  attention  of 
congress  to  the  manner  in  which  the  Pacific  Mail 
Steamship  Company  violated  their  contract  to  carry 
the  mail  from  Panamd,  to  Astoria;8  and  to  endeavor 

sion,  the  first  enacted  in  the  territory,  divorces  hitherto  having  been  granted 
by  the  legislature,  which  failed  to  inquire  closely  into  the  cause  for  com 
plaint.  The  law  made  impotency,  adultery,  bigamy,  compulsion  or  fraud, 
wilful  desertion  for  two  years,  conviction  of  felony,  habitual  drunkenness, 
gross  cruelty,  and  failure  to  support  the  wife,  one  or  all  justification  for  sev 
ering  the  marriage  tie.  A  later  divorce  law  required  three  years'  abandon 
ment,  not  otherwise  differing  essentially  from  that  of  1852-3.  A  large  num 
ber  of  road  acts  were  passed,  showing  the  development  of  the  country. 

7  In  1851  congress  ordered  a  general  reconnoissance  from  the  Rocky  Moun 
tains  to  the  Pacific,  to  be  performed  by  the  geologists  J.  Evans,  D.  D.  Owens, 
B.  F.  Shumard,  and  Norwood.     It  was  useful  in  pointing  out  the  location  of 
various  minerals  used  in  the  operations  of  commerce  and  manufacture,  though 
most  of  the  important  discoveries  have  been  made  by  the  unlearned  but  prac 
tical  miner.    U.  S.  H.  Ex.  Doc.,  2,  pt  ii.  7,  32d  cong.  1  sess.;  U.  8.  Sen.  Com. 
Kept,  177,  1-3,  6,  3Gth  cong.  1st  sess.;  Or.  Spectator,  Nov.  18,  1851;  Olym 
pia  Columbian,  Jan.  22,  1852. 

8  No  steamship  except  the  Fremont,  and  she  only  once,  had  ventured  to 
cross  the  Umpqua  bar.     From  1851  to  1858  the  following  vessels  were  lost 
on  the  southern  coast  of  Oregon:  At  or  near  the  mouth  of  the  Umpqua,  tlie 
Bostonian,  Caleb  Curtis,  Roanoke,  Achilles,  Nassau,  Almira,  Fawn,  and  Loo- 
Choo;  and  at  or  near  the  entrance  of  Coos  Bay  the  Cyclops,  Jackson,  and  two 


EMIGRANT  ROAD.  301 

to  have  the  salary  of  the  postmaster  at  that  place 
raised  to  one  thousand  dollars. 

This  was  a  formidable  amount  of  work  for  a  single 
delegate,  but  Lane  was  equal  to  the  undertaking.  And 
here  I  will  briefly  review  the  congressional  labors  of 
Thurston's  successor,  who  had  won  a  lasting  place  in 
the  esteem  and  confidence  of  his  constituency  by  using 
his  influence  in  favor  of  so  amending  the  organic  law 
as  to  permit  the  people  to  elect  their  own  governor 
and  judges,  and  when  the  measure  failed,  by  sustaining 
the  action  of  the  legislature  in  the  location  of  the  seat 
of  government. 

Lane  was  always  en  rapport  with  the  democracy 
of  the  territory;  and  while  possessing  less  mind,  less 
intellectual  force  and  ability,  and  proceeding  with  less 
foresight  than  Thurston,  he  made  a  better  impression 
in  congress  with  his  more  superficial  accomplishments, 
by  his  frankness,  activity,  and  a  certain  gallantry  and 
bonhomie  natural  to  him.9  His  first  work  in  con 
gress  was  in  procuring  the  amendment  to  Thurston's 
bill  to  settle  the  Cay  use  war  accounts,  which  author 
ized  the  payment  of  the  amount  already  found  due  by 
the  commissioners  appointed  by  the  legislature  of 
1850-1,  amounting  to  $73,000.10 

Among  the  charges  brought  against  Governor 
Gaines  was  that  of  re-auditing  and  changing  the 
values  of  the  certificates  of  the  commissioners  ap- 

others.  In  1858  the  Emily  Packard  was  wrecked  at  Shoalwater  Bay.  When 
Gov.  Curry  in  1855-6  addressed  a  communication  to  the  secretary  of  the  U. 
S.  treasury,  reminding  him  that  an  appropriation  had  been  made  for  light 
houses  and  fog-signals  at  the  Umpqua  and  Columbia  rivers,  but  that  none  of 
these  aids  to  commerce  had  been  received,  Guthrie  replied  that  there  was  no 
immediate  need  of  them  at  the  Umpqua  or  at  Shoalwater  Bay,  as  not  more 
than  one  vessel  in  a  month  visited  either  place !  Perhaps  there  would  have 
been  more  vessels  had  there  been  more  light-houses.  In  Dec.  1856  the  light 
house  at  Cape  Disappointment  was  completed,  and  in  1857  those  at  Cape 
Flattery,  New  Dungeness,  and  Umpqua;  but  the  latter  was  undermined  by 
the  sea,  being  set  upon  the  sands. 

9  There  is  a  nattering  biography  of  Lane,  published  in  Washington  in 
1852,  with  the  design  of  forwarding  his  political  aspirations  with  the  national 
democratic  convention  which  met  in  Baltimore  in  June  of  that  year. 

10  U.  S.  H.  Jour.,  1059,  1224,  32d  cong.  1st  sess. ;  U.  S.  Laws,  in  Cong.  Globe, 
1851-52,  ptiii.  ix.;  U.  S.  H.  Jour.,  387,  33d  cong.  1st  sess.;  Or.  Statesman, 
July  10,  1852. 


302  POLITICS  AND  PROGRESS. 

pointed  by  the  legislature  to  audit  the  Cayuse  war 
claims,  and  of  retaining  the  warrants  forwarded  to 
him  for  delivery,  to  be  used  for  political  purposes. 
Lane  had  a  different  way  of  making  the  war  claims 
profitable  to  himself.  Gaines  was  informed  from 
Washington  that  the  report  of  the  territorial  commis 
sioners  would  be  the  guide  in  the  future  adjustment 
of  the  Cayuse  accounts.  Lane  procured  the  passage 
of  an  amendment  to  the  former  enactments  on  this 
subject,  which  made  up  the  deficiency  occasioned  by 
the  alteration  of  the  certificates;  and  the  different 
manner  of  making  political  capital  out  of  the  war  claims 
commended  the  delegate  to  the  affections  of  the  peo 
ple.11  The  33d  congress  concluded  the  business  of 
the  Cayuse  war  by  appropriating  $75,000  to  pay  its 
remaining  expenses.12 

Lane  urged  the  establishment  of  mail  routes  through 
the  territory,  and  the  better  performance  of  the  mail 
service;  but  although  congress  had  appropriated  in 
1852  over  $348,000  for  the  ocean  mail  service  on  the 
Pacific  coast,13  Oregon  still  justly  complained  that  less 
than  the  right  proportion  was  expended  in  carrying 
the  mails  north  of  San  Francisco.  The  appropriations 
for  the  various  branches  of  the  public  service  in  Ore 
gon  for  1852,  besides  mail-carrying,  amounted  to 
$78,300,  and  Lane  collected  about  $800  more  from 
the  government  to  pay  for  taking  the  census  of  1850. 
He  also  procured  the  passage  of  a  bill  authorizing  the 
president  to  designate  places  for  ports  of  entry  and 
delivery  for  the  collection  districts  of  Puget  Sound 
and  Umpqua,  instead  of  those  already  established,  and 
increasing  the  salary  of  the  collector  at  Astoria  to 
$3,000;  but  he  failed  to  secure  additional  collection 
districts,  as  had  been  prayed  for  by  the  legislature. 

"Or.  Statesman,  May  14,  1853;  Letter  of  Gaines,  in  Id.,  Feb.  26,  1863; 
Cong.  Globe,  1853,  app.  341;  U.  S.  H.  Com.  Rept,  122,  vol.  ii.  4-5,  32d  cong. 
1st  sess. 

12  U.  S.  H.  Ex.  Doc.  45,  33d  cong.  1st  sess.;  U.  S.  H.  Com.  JRept,  122, 
33d  cong.  1st  sess.;  Cong.  Globe,  1853-4,  2239,  33d  cong.  1st  sess. 

13  U.  S.  Laws,  in  Cong.  Globe,  1851-2,  pt  iii.  xxix. 


MATTERS  IN  CONGRESS.  303 

He  also  introduced  a  bill  granting  bounty  land  to  the 
officers  and  soldiers  of  the  Cayuse  war,  which  failed  as 
first  presented,  but  succeeded  at  a  subsequent  ses 


sion.14 


A  measure  in  which  Lane,  with  his  genius  for  mil 
itary  affairs,  was  earnestly  engaged,  was  one  for  the 
protection  of  the  Oregon  settlers  and  immigrants  from 
Indian  depredations.  Early  in  February  1852  he  of 
fered  a  resolution  in  the  house  that  the  president 
should  be  requested  to  communicate  to  that  body 
what  steps  if  any  had  been  taken  to  secure  the 
safety  of  the  immigration,  and  in  case  none  had 
been  taken,  that  he  should  cause  a  regiment  of 
mounted  riflemen  to  be  placed  on  duty  in  Rogue 
River  Valley,  and  on  the  road  between  The  Dalles  and 
Fort  'Hall.15  In  the  debate  which  followed,  Lane  was 
reproved  for  directing  the  president  how  to  dispose  of 
the  army,  and  told  that  the  matter  could  go  before 
the  military  committee;  to  which  he  replied  that 
there  was  no  time  for  the  ordinary  routine,  that  the 
immigration  would  soon  be  upon  the  road,  and  that 
the  regiment  of  mounted  riflemen  belonged  of  right 
to  Oregon,  having  been  raised  for  that  territory.  But 
he  was  met  with  the  statement  that  his  predecessor 
Thurston  had  declared  the  regiment  unnecessary,  and 
had  asked  its  withdrawal  in  the  name  of  the  Oregon 
people;16  to  which  Lane  replied  that  Thurston  might 
have  so  believed,  but  that  although  in  the  inhabited 
portion  of  the  territory  the  people  might  be  able  to 
defend  themselves,  there  was  no  protection  for  those 

"Speech  of  Brooks  of  N.  Y.,  in  Cong.  Globe,  1851-52,  627.  Failing  to 
have  Oregon  embraced  in  the  benefits  of  this  bill,  Lane  introduced  his  own, 
as  has  been  said,  and  lost  it.  But  at  the  2d  session  of  the  33d  congress  a 
bounty  land  bill  was  passed,  which  by  his  exertions  was  made  to  cover  '  any 
wars'  in  which  volunteer  troops  had  been  regularly  enrolled  since  1790.  Ba 
con's  Merc.  Life,  MS.,  16. 

l*Cong.  Globe,  1851-2,  507. 

16  The  secretary  of  war  writes  Gaines :  'All  accounts  concur  in  representing 
the  Indians  of  that  region  as  neither  numerous  nor  warlike.  The  late  del- 
legate  to  congress,  Mr  Thurston,  confirmed  this  account,  and  represented  that 
some  ill  feeling  had  sprung  up  between  the  troops  and  the  people  of  the  ter 
ritory,  and  that  the  latter  desired  their  removal.'  Or.  Spectator*  Aug.  12, 
1851. 


304  POLITICS  AND  PROGRESS. 

travelling  upon  the  road  several  hundred  miles  from 
the  settlements,  and  cited  the  occurrences  of  1851  in 
the  Shoshone  country.  His  resolution  was  laid  on 
the  table,  but  in  the  mean  time  he  obtained  an  assur 
ance  from  the  secretary  of  war  that  troops  should  be 
placed  along  the  overland  route  in  time  to  protect 
the  travel  of  1852.17  On  the  8th  of  April  Lane  pre 
sented  a  petition  in  his  own  name,  as  a  citizen  of  Or 
egon,  praying  for  arms  and  ammunition  to  be  placed 
by  the  government  in  the  hands  of  the  people  for 
their  defence  against  the  savages;  hoping,  if  no  other 
measure  was  adopted,  Thurston's  plan,  which  had 
gained  the  favorable  attention  of  congress,  might  be 
carried  into  effect.  At  the  same  time  Senator  Doug 
las,  who  was  ever  ready  to  assist  the  representatives 
of  the  Pacific  coast,  reported  a  bill  for  the  protection 
of  the  overland  route,18  which  was  opposed  because  it 
would  bring  with  it  the  discussion  of  the  Pacific  rail 
road  question,  for  which  congress  was  not  prepared, 
and  which  it  was  at  that  time  anxious  to  avoid.  The 
bill  was  postponed,  Lane's  efforts  for  the  protection 
of  the  territory  being  partly  successful,  as  the  chapter 
following  will  show. 

The  reconnoissance  from  the  Willamette  Valley  to 
Port  Boise*  which  the  legislature  asked  for  was  de 
signed  not  only  to  hold  the  Indians  in  check,  but  to 
explore  that  portion  of  Oregon  lying  to  the  east  of 
the  head  waters  of  the  Willamette  with  a  view  to 
opening  a  road  directly  from  Boise  to  the  head  of  the 
valley,  complaint  having  been  made  that  the  legisla 
ture  had  not  sufficiently  interested  itself  hitherto  in 
explorations  for  wagon  routes.  But  no  troops  came 
overland  this  year,  and  it  was  left,  as  before,  for  the 

17  At  the  same  time  Senator  Gwin  of  California  had  a  bill  before  the  sen 
ate  'to  provide  for  the  better  protection  of  the  people  of  California  and  Ore 
gon.'  Cony.  Globe,  vol.  xxiv.,  pti.  p.  471,  32d  cong.  1st  sess.;  Or.  Statesman, 
April  6,  1852. 

18  Cong.  Globe,  1851-2,  1684. 


MILITARY  ROADS.  305 


immigrations  to   open   new   routes,  with  the   usual 
amount  of  peril  and  suffering.19 

Appropriations  for  military  roads,  which  were  asked 
for  by  the  legislature  of  1852-3,  had  already  been 
urged  by  Lane  at  the  first  session  of  the  32d  congress, 
and  were  obtained  at  the  second  session,  to  the  amount 
of  forty  thousand  dollars;  twenty  thousand  to  con 
struct  a  military  road  from  Steilacoom  to  Walla  Wal 
la,20  and  twenty  thousand  for  the  improvement  of  the 
road  from  the  Umpqua  Valley  to  Rogue  River.21 

19  The  legislature  of  1851-2  authorized  a  company  of  seven  men,  William 
Macey,  John  Diamond,  W.  T.  Walker,  William  Tandy,  Alexander  King, 
Joseph  Meadows,  and  J.  Clarke,  to  explore  an  immigrant  road  from  the  up 
per  part  of  the  Willamette  Valley  to  Fort  Boise",  expending  something  over 
$3,000  in  the  enterprise.  They  proceeded  by  the  middle  branch  of  the  river, 
by  what  is  now  known  as  the  Diamond  Peak  pass,  to  the  summit  of  the  Cascade 
Mountains.  They  named  the  peak  to  the  south  of  their  route  Macey,  now 
called  Scott  peak;  and  that  on  the  north  Diamond  peak.  They  followed 
down  a  small  stream  to  its  junction  with  Des  Chutes  River,  naming  the 
mountains  which  here  cross  the  country  from  south-west  to  north-east  the 
Walker  Range,  and  down  Des  Chutes  to  Crooked  River,  from  which  they 
travelled  east  to  the  head  of  Malheur  River,  naming  the  butte  which  here 
seems  to  terminate  the  Blue  Range,  King  peak.  After  passing  this  peak  they 
were  attacked  by  Indians,  who  wounded  three  of  the  party  and  captured 
their  baggage,  when  they  wandered  for  8  days  with  only  wild  berries  to  eat, 
coming  to  the  old  immigrant  road  60  miles  from  Boise",  and  returning  to  the 
Willamette  by  this  route.  Or.  Jour.  Council,  1852-3,  app.  13-15.  Another 
company  was  sent  out  in  1853  to  improve  the  trail  marked  out  by  the  first, 
which  they  did  so  hastily  and  imperfectly  that  about  1,500  people  who  took 
the  new  route  were  lost  for  five  weeks  among  the  mountains,  marshes,  and 
deserts  of  the  region  about  the  head  waters  of  the  Des  Chutes,  repeating  the 
experiences  in  a  great  measure  of  the  lost  immigrants  of  1845.  No  lives 
were  lost,  but  many  thousand  dollars'  worth  of  property  was  sacrificed.  Or. 
Statesman,  Nov.  1,  1853,  May  16,  1854;  Albany  Register,  Aug.  21,  1869.  I 
have  before  me  a  manuscript  by  Mrs  Rowena  Nichols,  entitled  Indian  Af 
fairs.  It  relates  chiefly  to  the  Indian  wars  of  southern  and  eastern  Oregon, 
though  treating  also  of  other  matters.  Mrs  Nichols  was  but  2|  years  old  when 
with  her  mother  and  grandmother  she  passed  through  this  experience.  She, 
and  one  other  child,  a  boy,  lived  on  the  milk  of  a  cow  which  their  elders 
managed  to  keep  alive  during  about  six  weeks,  being  unable  to  eat  the  beef 
of  starving  oxen,  like  their  elders.  The  immigration  of  this  year  amounted 
to  6,480  men,  women,  and  children,  much  less  than  that  of  1852.  T.  Mercer, 
in  Washington  Sketches,  MS.,  1;  Hines'  Or.,  209;  Olympia  Columbian,  Nov. 
27,  1852;  S.  F.  Alta,  Aug.  16,  Sept.  19,  Oct.  7,  8,  24,  and  25,  and  Nov.  21, 
1853;  S.  F.  D.  Herald,  Aug.  31,  1852;  Or.  Statesman,  Oct.  4  and  Nov.  1, 
1853;  Olympia  Columbian,  Nov.  26,  1853. 

20 Evans  in  his  Puyallup  address  says:  'Congress  having  made  an  appro 
priation  for  a  military  road  between  Fort  Walla  Walla  and  Fort  Steilacoom, 
Lieut  Richard  Arnold  was  assigned  the  duty  of  expending  it.  He  avoided 
that  mountain  beyond  Greenwater,  but  in  the  main  adopted  the  work  of  the 
immigrants  of  18a3.  The  money  was  exhausted  in  completing  their  road. 
He  asked  in  vain  that  the  labors  of  the  citizens  should  be  requited.'  New  To,' 
coma  Ledger,  July  9,  1880.  This  road  was  opened  in  1854  for  travel. 

21  This  road  was  surveyed  in  1853  by  B.  Alvord,  assisted  by  Jesse  Apple- 
HIST.  OB.,  VOL.  II.  20 


306  POLITICS  AND  PROGRESS. 

After  his  re-election,  Lane  secured  another  twenty- 
thousand-dollar  appropriation  to  build  the  road  asked 
for  by  the  legislature,  from  Scottsburg  to  connect 
with  the  former  road  to  Rogue  River,22  besides  other 
appropriations  sufficient  to  justify  his  boast  that  he 
had  obtained  more  money  for  his  territory  than  any 
other  delegate  had  ever  done.23 

I  have  already  spoken  of  the  division  of  the  ter 
ritory  according  to  the  petitions  of  the  inhabitants  of 
the  territory  north  of  the  Columbia,  and  a  memorial 
of  the  legislature  of  1852—3.  This  measure  also 
Lane  advocated,  upon  the  ground  that  the  existing 
territory  of  Oregon  was  of  too  great  an  area,  and  en 
couraged  the  democratic  party  in  Oregon  to  persist 
in  memorializing  congress  to  remove  the  obnoxious 
federal  officers  appointed  by  a  whig  president.24 

The  spring  of  1853  brought  the  long-hoped-for 
change  in  the  federal  appointments  of  the  territory. 
Two  weeks  after  the  inauguration  of  Pierce  as  presi 
dent,  Lane  wrote  his  friends  in  Oregon  that  all  the 

gate.  It  was  thought  that  a  route  might  be  found  which  would  avoid  the 
Urapqua  cation;  but  after  expending  one  quarter  of  the  appropriation  in  sur 
veying,  the  remainder  was  applied  to  improving  the  canon  and  the  Grave 
Creek  hills.  The  contracts  were  let  to  Lindsay  Applegate  and  Jesse  Roberts. 
Cong.  Globe,  1852-3,  app.  332;  Or.  Statesman,  Nov.  8,  1853. 

22  The  survey  of  this  road  was  begun  in  October  1854,  by  Lieut  Withers, 
U.  S.  A.,  and  completed,  after  another  appropriation  had  been  obtained,  in 
1858,  by  Col.  Joseph  Hooker,  then  employed  by  Capt.  Mendall  of  the  topo 
graphical  engineers.     Hooker  was  born  in  Hadley,  Mass.,  in  1819,  graduated 
at  West  Point  in  1837;  was  adjutant  at  that  post  in  1841,  and  regimental  ad 
jutant  in  1846.     He  rose  to  the  rank  of  brevet  colonel  in  the  Mexican  war, 
after  which  he  resigned  and  went  to  farming  in  Sonoma  County,  Cal.,  in 
1853,  losing  all  his  savings.     When  the  civil  war  broke  out  he  was  living  in 
Rogue  River  Valley,  and  at  once  offered  his  services  to  the  government,  and 
made  an  honorable  record.     He  died  at  Garden  City,  Long  Island,  in  October 
1879.   Or.  Statesman,  June  3,  1861,  and  Aug.  18,  1862;  Bowies'  Far  West,  453; 
8.  F.  Bulletin,  Nov.  1,  1879. 

23  Law? s  Autobiography,  MS.,  131.     For  his  territory,  and  not  for  himself. 
Lane's  ambition  was  for  glory,  and  not  for  money.     He  did  compel  congress 
to  amend  the  organic  act  which  gave  the  delegate  from  Oregon  only  $2,500 
mileage,  and  to  give  him  the  same  mileage  enjoyed  by  the  California  senators 
and  representatives,  according  to  the  law  of  1818  on  this  subject.     In  the  de 
bate  it  came  out  that  Tlmrston  had  received  $900  over  the  legal  sum,  '  by 
what  authority  the  committee  were  unable  to  learn.'  Cong.  Globe,  1851-2, 
1377. 

24  The  territorial  officers  chosen  by  the  assembly  were  A.  Bush,  printer; 
L.  F.  Grover,  auditor;  C.  N.  Terry,  librarian;  J.  D.  Boon,  treasurer. 


DISTRICTS  AND  JUDGES.  307 

former  incumbents  of  the  federal  offices  were  dis 
placed  except  Pratt,  and  he  was  made  chief  justice, 
with  Matthew  P.  Deadv  and  Cyrus  Olney25  as  asso 
ciates.  Before  the  confirmation  of  the  appointments, 
however,  Pratt's  name,  owing  to  some  rumors  unfa 
vorable  to  him  having  reached  Washington,  was  with 
drawn,26  and  that  of  George  H.  Williams,27  a  judge 
in  Keokuk,  Iowa,  substituted. 

With  regard  to  the  other  judges,  both  residents  of 
Oregon,  it  was  said  that  Lane  procured  the  appoint 
ment  of  Deady  in  order  to  have  him  out  of  his  way 
a  few  months  later.  But  Deady  was  well  worthy  of 
the  position,  and  had  earned  it  fairly.  The  appoint 
ments  were  well  received  in  Oregon,  and  the  judges 
opened  courts  in  their  respective  districts  under  fa 
vorable  circumstances,  Deady  in  the  southern,  Olney 
in  the  northern,  and  Williams  in  the  central  counties. 
But  in  October  it  began  to  be  rumored  that  a  new 
appointment  had  been  made  for  a  judgeship  in  Ore 
gon;  to  what  place  remained  unknown  for  several 
weeks,  when  0.  B.  McFadden,  of  Pennsylvania,  ap 
peared  in  Oregon  and  claimed  the  1st  district,  upon 
the  ground  that  in  making  out  Deady's  commission  a 
mistake  in  the  name  had  been  made,  and  that  there- 

25  Olney  was  a  native  of  Ohio,  studied  law  and  was  admitted  to  practice 
in  Cincinnati,   removing  after  a  few  years  to  Iowa,  where  he  was  circuit 
judge,  and  whence  he  emigrated  to  Oregon  in  1851.     He  resided  at  different 
times  in  Salem,  Portland,  and  Astoria.     He  was  twice  a  member  of  the  legis 
lature,  and  helped  to  frame  the  state  constitution.     He  was  twice  married, 
and  had  7  children,  none  of  whom  survived  him.     He  died  at  Astoria  Dec. 
28,  1870. 

26  The  charge  preferred  against  Pratt  in  the  senate  was  made  by  Stephen 
A.  Douglas,  that  he  had  been  corrupted  by  British  gold. 

27  George  H.  Williams  was  born  in  Columbia  County,  N".  Y.,  March  2, 
1823.     He  received  an  academic  education,  and  began  the  practice  of  law  at 
an  early  age  in  Iowa,  where  he  was  soon  elected  judge  of  the  circuit  court. 
His  circuit  included  the  once  famous  Half-breed  Tract,  and  the  settlers  elected 
him  in  the  hope  that  he  would  decide  their  titles  to  the  land  to  be  good;  but 
he  disappointed  them,  and  was  not  reflected.     In  the  presidential  campaign 
of  1852,  he  canvassed  Iowa  for  Pierce,  and  was  chosen  one  of  the  electors  to 
carry  the  vote  of  the  state  to  Washington.     While  there  he  obtained  the 
appointment  of  chief  justice,  and  removed  to  Oregon  the  following  year. 
He  retained  this  position  till  1859,  when  the  state  was  admitted.     In  person 
tall,  angular,  and  awkward,  yet  withal  fine-looking,  he  possessed  brain 
power  and  force,  and  was  even  sometimes  eloquent  as  a  speaker.  Corr.  S.  F. 
Bulletin,  in  Portland  Oregonian,  Oct.  8,  1864. 


308  POLITICS  AND  PROGRESS. 

fore  he  was  not  duly  commissioned.  On  this  flimsy 
pretence,  by  whom  suggested  was  not  known,28  Deady 
was  unseated  and  McEadden29  took  his  place.  Being 
regarded  as  a  usurper  by  the  majority  of  the  democ 
racy,  McFadden  was  not  popular.  With  his  official 
acts  there  was  no  fault  to  be  found;  but  by  public 
meetings  and  otherwise  Lane  was  given  to  under 
stand  that  Oregon  wanted  her  own  men  for  judges, 
and  not  imported  stock.  Accordingly,  after  holding 
one  term  in  the  southern  district,  before  the  spring 
came  McFadden  was  transferred  to  Washington  Ter 
ritory,  and  Deady  reinstated.  From  this  time  for 
ward  there  was  no  more  appointing  of  non-resident 
judges  with  every  change  of  administration  at  Wash 
ington.  The  legislature  of  1853-4  once  more  redis- 
tricted  the  territory,  making  Marion,  Linn,  Lane, 
Benton,  and  Polk  constitute  the  1st  district;  Clat- 
sop,  Washington,  Yamhill,  and  Clackamas  the  2d; 
and  the  southern  counties  the  3d — and  peace  reigned 
thenceforward  among  the  judiciary. 

As  if  to  crown  this  triumph  of  the  Oregon  democ 
racy,  Lane,  whose  term  as  delegate  expired  with  the 
32d  congress,  was  returned  to  Oregon  as  governor, 
removing  Gaines  as  Gaines  had  removed  him.30 
Lane's  popularity  at  this  time  throughout  the  west 
ern  and  south-western  states,  whence  came  the  mass 
of  the  emigration  to  Oregon,  was  unquestioned.  He 
was  denominated  the  Marius  of  the  Mexican  war,31 
the  Cincinnatus  of  Indiana,  and  even  his  proceedings 

28  Lane  was  accused,  as  I  have  said,  of  recommending  Deady  to  prevent  his 
running  for  delegate,  which  was  fair  enough ;  but  it  was  further  alleged  that 
he  planned  the  error  in  the  name,  and  the  removal  which  followed,  for  which 
there  does  not  appear  honorable  motive. 

2*0badiah  B.  McFadden  was  born  in  Washington  county,  Penn.,  Nov.  18, 
1817.  He  studied  law,  and  was  admitted  to  practice  in  1842,  and  in  1843  was 
elected  to  the  state  legislature.  In  1845  he  was  chosen  clerk  of  the  court  of 
common  pleas  of  his  county,  and  in  1853  was  appointed  by  President  Pierce 
associate  justice  of  the  sup.  ct  for  the  territory  of  Oregon.  Olympia  Echo. 
July  1,  1875. 

30 In  his  Autobiography,  MS.,  58,  Lane  remarks:  'I  took  care  to  have 
Gaines  removed  as  a  kind  of  compliment  to  me  ' ! 

31  Jenkins1  History  of  the  War  with  Mexico,  49& 


CONGRESSIONAL  ELECTION.  309 

with  regard  to  the  Rogue  River  Indians  were  paraded 
as  brilliant  exploits  to  make  political  capital.  There  was 
an  ingenuous  vanity  about  his  public  and  private  acts, 
and  a  happy  self-confidence,  mingled  with  a  flattering 
deference  to  some  and  an  air  of  dignity  toward  others, 
which  made  him  the  hero  of  certain  circles  in  Washing 
ton,  as  well  as  the  pride  of  his  constituency.  It  was 
with  acclaim  therefore  that  he  was  welcomed  back  to 
Oregon  as  governor,  bringing  with  him  his  wife,  chil 
dren5,  and  relatives,  to  the  number  of  twenty-nine,  that 
it  might  not  be  said  of  him  that  he  was  a  non-resident 
of  the  territory.  He  had  taken  pains  besides  to  have 
all  the  United  States  officers  in  Oregon,  from  the  sec 
retary,  George  L.  Curry,  to  the  surveyors  of  the  ports, 
appointed  from  the  residents  of  the  territory.32 

Lane  arrived  in  Oregon  on  the  16th  of  May,  and 
on  the  19th  he  had  resigned  the  office  of  governor  to 
become  a  candidate  for  the  seat  in  congress  he  had 
just  vacated.  The  programme  had  been  arranged  be 
forehand,  and  his  name  placed  at  the  head  of  the 
democratic  ticket  a  month  before  his  return.  The 
opposing  candidate  was  Indian  Agent  A.  A.  Skinner, 
Lane's  superior  in  many  respects,  and  a  man  every  way 
fitted  for  the  position.33  The  organization  of  political 

82  B.  F.  Harding  was  made  U.  S.  attorney;  J.  W.  Nesmith,  U.  S.  mar 
shal;  Joel  Palmer,  supt  Indian  affairs;  John  Adair,  collector  at  Astoria;  A. 
C.  Gibbs,  collector  at  Umpqua;  Win  M  King,  port  surveyor,  Portland;  Rob 
ert  W.  Dunbar,  port  surveyor,  Milwaukie;  P.  G.  Stewart,  port  surveyor, 
Pacific  City;  and  A.  L.  Lovejoy,  postal  agent.  A.  C.  Gibbs  superseded 
Colin  Wilson,  the  first  collector  at  Umpqua.  The  surveyors  of  ports  re 
moved  were  Thomas  J.  Dryer,  Portland;  G.  P.  Newell,  Pacific  City;  N.  Du 
Bois,  Milwaukie.  Or.  Statesman,  April  30,  1853. 

33  Alonzo  A.  Skinner  was  born  in  Portage  co.,  Ohio,  in  1814.  He  received 
a  good  education,  and  was  admitted  to  the  bar  in  1840,  and  in  1842  settled 
in  Putnam  co.,  where  he  was  elected  prosecuting  attorney,  his  commission 
beimr  signed  by  Thomas  Corwin.  In  1845  he  emigrated  to  Oregon,  being  ap 
pointed  by  Governor  Abernethy  one  of  the  circuit  judges  under  the  provi 
sional  government,  which  office  he  retained  till  the  organization  of  the  ter 
ritory.  In  1851  he  was  appointed  commissioner  to  treat  with  the  Indians, 
together  with  Governor  Gaines  and  Beverly  Allen._  In  the  latter  part  of  that 


Oregon  in  1853,  Lane  being  the  successful  candidate.  After  the  expiration 
of  his  term  of  office  as  Indian  agent,  he  returned  to  Eugene  City,  which  waa 
founded  by  Eugene  F.  Skinner,  where  he  married  Eliza  Lincoln,  one  of  the 


310  POLITICS  AND  PROGRESS. 

parties,  on  national  as  well  as  local  issues,  began  with 
the  contest  between  Lane  and  Skinner  for  the  place 
as  delegate,  by  the  advice  of  Lane,  and  with  all  the 
ardor  of  the  Salem  clique  of  partisan  democrats,  whose 
mouth-piece  was  the  Oregon  Statesman.  The  canvass 
was  a  warm  one,  with  all  the  chances  in  favor  of  Lane, 
who  could  easily  gain  the  favor  of  even  the  whigs  of 
southern  Oregon  by  fighting  Indians,  whereas  Skinner 
was  not  a  fighting  man.  The  whole  vote  cast  at  the 
election  of  1853  was  7,486,  and  Lane's  majority  was 
1,575,  large  enough  to  be  satisfactory,  yet  showing 
that  there  was  a  power  to  be  feared  in  the  '  people's 
party,'  as  the  opponents  of  democratic  rule  now  styled 
their  organization. 

As  soon  as  the  result  became  known,  Lane  repaired 
to  his  land  claim  near  Roseburg,  and  began  building 
a  residence  for  his  family.34  But  before  he  had  made 
much  progress,  he  was  called  to  take  part  in  subduing 
an  outbreak  among  the  natives  of  Rogue  River  Val 
ley  and  vicinity,  which  will  be  the  subject  of  the  next 
chapter.  Having  distinguished  himself  afresh  as  gen 
eral  of  the  Oregon  volunteers,  he  returned  to  Wash 
ington  in  October  to  resume  his  congressional  labors. 

worthy  and  accomplished  women  sent  out  to  Oregon  as  teachers  by  Governor 
Slade.  On  the  death  of  Riley  E.  Stratton,  in  1866,  he  was  appointed  by  Gov 
ernor  Woods  to  fill  the  vacancy  on  the  bench  of  the  sup.  ct.  On  retiring 
from  this  position  he  removed  to  Coos  co.,  and  was  appointed  collector  of 
customs  for  the  port  of  Coos  Bay,  about  1870.  He  died  in  April  1877,  at 
Santa  Cruz,  Cal.,  whither  he  had  gone  for  health.  Judge  Skinner  was  an  old- 
style  gentleman,  generous,  affable,  courteous,  with  a  dignity  which  put  vul 
gar  familiarity  at  a  distance.  If  he  did  not  inscribe  his  name  highest  on  the 
roll  of  fame,  he  left  to  his  family  and  country  that  which  is  of  greater  value, 
the  memory  of  an  upright  and  noble  life.  See  Portland  Oregonian,  Oct.  1 877. 
34 '  I  had  determined  to  locate  in  the  Umpqua  Valley,  on  account  of  the 
scenery,  the  grass,  and  the  water.  It  just  suited  my  taste.  Instead  of  in 
vesting  in  Portland  and  making  my  fortune,  I  wanted  to  please  my  fancy.' 
Lane's  Autobiography,  MS.,  63.  Gaines  also  took  a  claim  about  ten  miles 
from  Salem.  Or.  Statesman,  June  28,  1853. 


CHAPTER  XII. 

ROGUE  RIVER  WAR, 
1853-1854. 

IMPOSITIONS  AND  RETALIATIONS — OUTRAGES  BY  WHITE  MEN  AND  INDIANS — 
THE  MILITARY  CALLED  UPON — WAR  DECLARED — SUSPENSION  OF  BUSI 
NESS—ROADS  BLOCKADED — FIRING  FROM  AMBUSH — ALDEN  AT  TABLE 
ROCK— LANE  IN  COMMAND— BATTLE — THE  SAVAGES  SUE  FOR  PEACE— 
ARMISTICE — PRELIMINARY  AGREEMENT — HOSTAGES  GIVEN — ANOTHFH 
TREATY  WITH  THE  ROGUE  RIVER  PEOPLE — STIPULATIONS— OTHER 
TREATIES — COST  OF  THE  WAR. 

NOTWITHSTANDING  the  treaty  entered  into,  as  I  have 
related,  by  certain  chiefs  of  Rogue  River  in  the  sum 
mer  of  1852,  hostilities  had  not  altogether  ceased, 
although  conducted  less  openly  than  before.  With 
such  a  rough  element  in  their  country  as  these  min 
ers  and  settlers,  many  of  them  bloody-minded  and  un 
principled  men,  and  most  of  them  holding  the  opinion 
that  it  was  right  and  altogether  proper  that  the 
natives  should  be  killed,  it  was  impossible  to  have 
peace.  The  white  men,  many  of  them,  did  not  want 
peace.  The  quicker  the  country  was  rid  of  the  red 
skin  vermin  the  better,  they  said.  And  in  carrying 
out  their  determination,  they  often  outdid  the  savage 
in  savagery. 

There  was  a  sub-chief,  called  Taylor  by  white  men, 
who  ranged  the  country  about  Grave  Creek,  a  north 
ern  tributary  of  Rogue  River,  who  was  specially 
hated,  having  killed  a  party  of  seven  during  a  winter 
storm  and  reported  them  drowned.  He  committed 
other  depredations  upon  small  parties  passing  over 

(311) 


312  KOGUL  RIVEB.  WAR. 

the  road.1  It  was  believed,  also,  that  white  women 
were  prisoners  among  the  Indians  near  Table  Kock, 
a  rumor  arising  probably  from  the  vague  reports  of 
the  captivity  of  two  white  girls  near  Klamath  Lake. 

Excited  by  what  they  knew  and  what  they  imag 
ined,  about  the  1st  of  June,  1853,  a  party  from 
Jacksonville  and  vicinity  took  Taylor  with  three 
others  and  hanged  them.  Then  they  went  to  Table 
Rock  to  rescue  the  alleged  captive  white  women,  and 
finding  none,  they  fired  into  a  village  of  natives,  kill 
ing  six,  then  went  their  way  to  get  drunk  and  boast 
of  their  brave  deeds.2 

There  was  present  neither  Indian  agent  nor  mili 
tary  officer  to  prevent  the  outrages  on  either  side. 
The  new  superintendent,  Palmer,  was  hardly  installed 
in  office,  and  had  at  his  command  but  one  agent,3 
whom  he  despatched  with  the  company  raised  to  open 
the  middle  route  over  the  Cascade  Mountains.  As 
to  troops,  the  4th  infantry  had  been  sent  to  the  north 
west  coast  in  the  preceding  September,  but  were  so 
distributed  that  no  companies  were  within  reach  of 
Rogue  River.4  As  might  have  been  expected,  a  few 
weeks  after  the  exploits  of  the  Jacksonville  com 
pany,  the  settlements  were  suddenly  attacked,  and 
a  bloody  carnival  followed.5  Volunteer  companies 
quickly  gathered  up  the  isolated  families  and  patrolled 

lDrew,  in  Or.  Jour.  Council,  1857-8,  app.  26;  Or.  Statesman,  June  28, 
1853;  Jacksonville  Sentinel,  May  25,  1867;  DoweWs  Nar.,  MS.,  5-6. 

a '  Let  our  motto  be  extermination,'  cries  the  editor  of  the  Yreka  Herald, 
'and  death  to  all  opposers.'  See  also  S.  F.  Alta,  June  14,  1853;  Jacksonville 
Sentinel,  May  25,  1867.  The  leaders  of  the  company  were  Bates  and  Two- 
good. 

3  This   was  J.    M.    Garrison.     Other   appointments   arrived   soon  after, 
designating  Samuel  H.  Culver  and  R.    R.   Thompson.     J.  L.  Parrish  waa 
retained  as  sub-agent.    Rept  of  Xupt  Palmer,  in  &.  S.  H.  Ex.  Doc.,  L,  vol. 
i.  pt.  i.  448,  33d  cong.  1st  sess. 

4  Five  companies  were  stationed  at  Columbia  barracks,  Fort  Vancouver, 
one  at  Fort  Steilacoom,  one  at  the  mouth  of  Umpqua  River,  two  at  Port  Or- 
ford,  and  one  at  Humboldt  Bay.    Cat.  Mil.  Aff.  Scraps,  13-14;  Or.  States 
man,  Sept.  4,  1852. 

5  August  4th,  Richard   Edwards  was   killed.     August   5th,  next  night, 
Thomas  J.  Mills  and  Rhodes  Noland  were  killed,  and  one  Davis  and  Burril 
F.  Griffin  were  wounded.     Ten  houses  were  burned  between  Jacksonville 
and  W.  G.  T'Vault's  place,  known  as   the    Dardanelles,  a  distance  of  ten 
miles. 


GATHERING  OF  VOLUNTEERS.  313 

the  country,  occasionally  being  fired  at  by  the  con 
cealed  foe.6  A  petition  was  addressed  to  Captain  Al- 
den,  in  command  of  Fort  Jones  in  Scott  Valley, 
asking  for  arms  and  ammunition.  Alden  immediately 
came  forward  with  twelve  men.  Isaac  Hill,  with  a 
small  company,  kept  guard  at  Ashland.7 

On  the  7th  of  June,  Hill  attacked  some  Indians 
five  miles  from  Ashland,  and  killed  six  of  them.  In 
return,  the  Indians  on  the  17th  surprised  an  immi 
grant  camp  and  killed  and  wounded  several.8  The 
houses  everywhere  were  now  fortified;  business  was 
suspended,  and  every  available  man  started  out  to 
hunt  Indians.9 

On  the  15th  S.  Ettinger  was  sent  to  Salem  with 
a  request  to  Governor  Curry  for  a  requisition  on 
Colonel  Bonneville,  in  command  at  Vancouver,  for  a 
howitzer,  rifles,  and  ammunition,  which  was  granted. 
With  the  howitzer  went  Lieutenant  Kautz  and  six 
artillerymen;  and  as  escort  forty  volunteers,  officered 
by  J.  W.  Nesmith  captain,  L.  F.  Grover  1st  lieu 
tenant,  W.  K.  Beale  2d  lieutenant,  J.  D.  McCurdy 
surgeon,  J.  M.  Crooks  orderly  sergeant.10  Over  two 
hundred  volunteers  were  enrolled  in  two  companies, 
and  the  chief  command  was  given  to  Alden.  From 
Yreka  there  were  also  eighty  volunteers,  under  Cap- 

6  Thus  were  killed  John  R.  Hardin  and  Dr  Rose,  both  prominent  citizens 
of  Jackson  county.    Or.  Statesman,  Aug.  23,  1853. 

7  The  men  were  quartered  at  the  houses  of  Frederick  Alberding  and  Pat 
rick  Dunn.     Their  names,  so  far  as  I  know,  besides  Alberding  and  Dunn, 
were  Thomas  Smith,  William  Taylor,  and  Andrew  B.  Carter.     The  names 
of  settlers  who  were  gathered  in  at  this  place  were  Frederick  Heber  and 
wife;  Robert  Wright  and  wife;  Samuel  Grubb,  wife  and  five  children;  Will 
iam  Taylor,  R.  B.  Hagardine,  John  Gibbs,  M.  B.  Morris,  R.  Tungate,  Morris 
Howell.     On  the  13th  of  Aug.  they  were  joined  by  an  immigrant  party  just 
arrived,  consisting  of  A.  G.  Fordyce,  wife  and  three  children,  J.  Kennedy, 
Hugh  Smith,  Brice  Whitmore,  Ira  Arrowsmith,  William  Hodgkins,  wife  and 
three  children,  all  of  Iowa,  and  George  Barnett  of  Illinois.    Scraps  of  Southern 
Or.  /list.,  in  AMand  Tidimjs,  Sept.  27,  1878. 

8  Hugh  Smith  and  John  Gibbs  were  killed;  William  Hodgkins,  Brice  Whit 
man,  A.  G.  Fordyce,  and  M.  B.  Morris  wounded. 

9 Duncan's  Southern  Or.,  MS.,  8,  says:  'The  enraged  populace  began  to 
slaughter  right  and  left. '  Martin  Aiigell,  from  his  own  door,  shot  an  Indian. 
Or.  Statesman,  Aug.  23,  1853. 

10  G 'rover's  Pub.  Life  in  Or.,  MS.,  29;  Or.  Statesman,  Aug.  23,  30,  1853. 


314  ROGUE  RIVER  WAR. 

tain  Goodall.  By  the  9th  of  August,  both  Nesmith 
and  the  Indian  superintendent  were  at  Yoncalla, 

Fighters  were  plenty,  but  they  were  without  sub 
sistence.  Alden  appointed  a  board  of  military  com 
missioners  to  constitute  a  general  department  of  sup 
ply.11  Learning  that  the  Indians  were  in  force  near 
Table  Rock,  Alden  planned  an  attack  for  the  night  of 
the  llth;  but  in  the  mean  time  information  came  that 
the  Indians  were  in  the  valley  killing  and  burning  right 
and  left.  Without  waiting  for  officers  or  orders,  away 
rushed  the  volunteers  to  the  defence  of  their  homes, 
and  for  several  days  the  white  men  scoured  the 
country  in  small  bands  in  pursuit  of  the  foe.  Sam, 
the  war  chief  of  Rogue  River,  now  approached  the 
volunteer  camp  and  offered  battle.  Alden,  having 
once  more  collected  his  forces,  made  a  movement  on 
the  15th  to  dislodge  the  enemy,  supposed  to  be  en 
camped  in  a  bushy  canon  five  miles  north  of  Table 
Rock,  but  whom  he  found  to  have  changed  their  po 
sition  to  some  unknown  place  of  concealment.  Fol 
lowing  their  trail  was  exceedingly  difficult,  as  the 
savages  had  fired  the  woods  behind  them,  which  ob 
literated  it,  filled  the  atmosphere  with  smoke  and 
heat,  and  made  progress  dangerous.  It  was  not  until 
the  morning  of  the  17th  that  Lieutenant  Ely  of  the 
Yreka  company  discovered  the  Indians  on  Evans 
Creek,  ten  miles  north  of  their  last  encampment. 
Having  but  twenty-five  men,  and  the  main  force  hav 
ing  returned  to  Camp  Stuart  for  supplies,  Ely  fell 
back  to  an  open  piece  of  ground,  crossed  by  creek 
channels  lined  with  bunches  of  willows,  where,  after 
sending  a  messenger  to  headquarters  for  reenforce- 
ments,  he  halted.  But  before  the  other  companies 
could  come  up,  he  was  discovered  by  Sam,  who  has 
tened  to  attack  him. 

Advancing  along  the  gullies  and  behind  the  willows, 
the  Indians  opened  fire,  killing  two  men  at  the  first 

11  George  Dart,  Edward  Shell,  L.  A.  Loomis,  and  Richard  Dugan  consti 
tuted  the  commission. 


BATTLE  NEAR  TABLE  ROCK.  315 

discharge.  The  company  retreated  for  shelter,  as 
rapidly  as  possible,  to  a  pine  ridge  a  quarter  of  a  mile 
away,  but  the  savages  soon  flanked  and  surrounded 
them.  The  fight  continued  for  three  and  a  half 
hours,  Ely  having  four  more  men  killed  and  four 
wounded.12  Goodall  with  the  remainder  of  his  com 
pany  then  came  up,  and  the  Indians  retreated. 

On  the  21st,  and  before  Alden  was  ready  to  move, 
Lane  arrived  with  a  small  force  from  Roseburg.13  The 
command  was  tendered  to  Lane,  who  accepted  it.14 

A  battalion  under  Ross  was  now  directed  to  pro 
ceed  up  Evans  Creek  to  a  designated  rendezvous,  while 
two  companies,  captains  Goodall  and  Rhodes,  under 
Alden  with  Lane  at  their  head,  marched  by  the  way 
of  Table  Rock.  The  first  day  brought  Alden's  com 
mand  fifteen  miles  beyond  Table  Rock  without  hav 
ing  discovered  the  enemy;  the  second  day  they  passed 
over  a  broken  country  enveloped  in  clouds  of  smoke ; 
the  third  day  they  made  camp  at  the  eastern  base  of 
a  rocky  ridge  between  Evans  Creek  and  a  small  stream 
farther  up  Rogue  River.  On  the  morning  of  the  fourth 
day  scouts  reported  the  Indian  trail,  and  a  road  to  it 
was  made  by  cutting  a  passage  for  the  horses  through 
a  thicket. 

Between  nine  and  ten  o'clock,  Lane,  riding  in  ad 
vance  along  the  trail  which  here  was  quite  broad, 
heard  a  gun  fired  and  distinguished  voices.  The 
troops  were  halted  on  the  summit  of  the  ridge,  and 

12  J.  Shane,  F.  Keath,  Frank  Perry,  A.  Douglas,  A.  C.  Colburn,  and  L. 
Locktirg  were  killed,  and  Lieut  Ely,  John  Albin,  James  Carrol,  and  Z.  Shutz 
wounded.   Or.  Statesman,  Sept.  6,  1853;  S.  F.  Alia,  Aug.  28,  1853. 

13  Accompanying  Lane  were  Pleasant  Armstrong  of  Yamhill  county,  James 
Cluggage,  who  had  been    to  the  Umpqua    Valley  to  enlist  if  possible  the 
Klickitat  Indians  against  the  Rogue  Rivers,  but  without  success,  and  eleven 
others.  See  Lane's  Autobiography,  MS.,  63. 

14  Curry  had  commissioned  Lane  brigadier-general,  and  Nesmith,  who  had 
not  yet  arrived,  was  bearer  of  the  commission,  but  this  was  unknown  to  either 
Alden  or  Lane  at  the  time.     Besides,  Lane  was  a  more  experienced  field-officer 
than  Alden;  but  Capt.  Cram,  of  the  topographical  engineers,  subsequently 
blamed  Alden,  as  well  as  the  volunteers,  because  the  command  was  given  to 
Lane,  'while  Alden,  an  army  officer,  was  there  to  take  it.'  U.  S.  H.  Ex.  Doc., 
114,  p.  41,  35th  cong.  2d  sess.;  H.  Ex.  Doc.,  i.,  pt  ii.  42,  33d  cong.  1st  sess. 


316  ROGUE  RIVER  WAR. 

ordered  to  dismount  in  silence  and  tie  their  horses. 
When  all  were  ready,  Alden  with  Goodall's  company 
was  directed  to  proceed  on  foot  along  the  trail  and 
attack  the  Indians  in  front,  while  Rhodes  with  his 
men  took  a  ridge  to  the  left  to  turn  the  enemy's  flank, 
Lane  waiting  for  the  rear  guard  to  come  up,  whom  he 
intended  to  lead  into  action.15 

The  first  intimation  the  Indians  had  that  they  were 
discovered  was  when  Aldeii's  command  fired  into 
their  camp.  Although  completely  surprised,  they 
made  a  vigorous  resistance,  their  camp  being  forti 
fied  with  logs,  and  well  supplied  with  ammunition. 
To  get  at  them  it  was  necessary  to  charge  through 
dense  thickets,  an  operation  both  difficult  and  dan 
gerous  from  the  opportunities  offered  of  an  am 
bush.  Before  Lane  brought  up  the  rear,  Alden 
had  been  severely  wounded,  the  general  finding  him 
lying  in  the  arms  of  a  sergeant.  Lane  then  led  a 
charge  in  person,  and  when  within  thirty  yards  of  the 
enemy,  was  struck  by  a  rifle-ball  in  his  right  arm  near 
the  shoulder. 

In  the  afternoon,  the  Indians  called  out  for  a 
parley,  and  desired  peace;  whereupon  Lane  ordered 
a  suspension  of  firing,  and  sent  Robert  B.  Metcalfe 
and  James  Bruce  into  their  lines  to  learn  what  they 
had  to  say.  Being  told  that  their  former  friend, 
Lane,  was  in  command,  they  desired  an  interview, 
which  was  granted. 

On  going  into  their  camp,  Lane  found  many 
wounded;  and  they  were  burning  their  dead,  as  if 
fearful  they  would  fall  into  the  hands  of  the  enemy. 
He  was  met  by  chief  Jo,  his  namesake,  and  his 
brothers  Sam  and  Jim,  who  told  him  their  hearts 
were  sick  of  war,  and  that  they  would  meet  him  seven 
days  thereafter  at  Table  Rock,  when  they  would  give 

15  In  this  expedition,  W.  G.  T'Vault  acted  as  aid  to  Gen.  Lane,  C.  Lewis, 
a  volunteer  captain,  as  asst  adjutant-gen.,  but  falling  ill  on  the  29th,  Capt. 
L.  F.  Mosher,  who  afterward  married  one  of  Lane's  daughters,  took  his  place. 
Mosher  had  belonged  to  the  4th  Ohio  volunteers.  Lane's  Rept  in  U.  S.  H. 
Ex.  Doc.  i.,  pt  ii.  40,  33d  cong.  1st  sess. 


ARMISTICE.  317 

up  their  arms,16  make  a  treaty  of  peace,  and  place 
themselves  under  the  protection  of  the  Indian  super 
intendent,  who  should  be  sent  for  to  be  present  at  the 
council.  To  this  Lane  agreed,  taking  a  son  of  Jo  as 
hostage,  and  returning  to  the  volunteer  encampment 
at  the  place  of  dismounting  in  the  morning,  where  the 
wounded  were  being  cared  for  and  the  dead  being 
buried.17 

The  Ross  battalion  arrived  too  late  for  the  fight, 
and  having  had  a  toilsome  march  were  disappointed, 
and  would  have  renewed  the  battle,  but  were  restrained 
by  Lane.  Although  for  two  days  the  camps  were 
within  four  hundred  yards  of  each  other,  the  truce 
remained  unbroken.  During  this  interval  the  Indian 
women  brought  water  for  the  wounded  white  men; 
and  when  the  white  men  moved  to  camp,  the  red  men 
furnished  bearers  for  their  litters.18  I  find  no  men 
tion  made  of  any  such  humane  or  Christian  conduct 
on  the  part  of  the  superior  race. 

On  the  29th,  both  the  white  and  red  battalions 
moved  slowly  toward  the  valley,  each  wearing  the 
appearance  of  confidence,  though  a  strict  watch  was 
covertly  kept  on  both  sides.19  The  Indians  established 
themselves  for  the  time  on  a  high  piece  of  ground 
directly  opposite  the  perpendicular  cliffs  of  Table 
Rock,  while  Lane  made  his  camp  in  the  valley,  in 
plain  view  from  the  Indian  position,  and  about  one 
mile  distant,  on  the  spot  where  Fort  Lane  was  after 
ward  located. 

16  They  had  111  rifles  and  86  pistols.    S.  F.  Alta,  Sept.  4,  1853. 

17  See  Or.  Statesman,  Nov.  15,  1853.     Among  the  slain  was  Pleasant  Arm 
strong,  brother  of  the  author  of  Oregon,  a  descriptive  work  from  which  I  have 
sometimes  quoted.     The  latter  says  that  as  soon  as  the  troops  were  away  the 
remains  of  his  brother  were  exhumed,  and  being  cut  to  pieces  were  left  to  the 
wolves.    Armstrong's  Or.,  52-3.     John  Scarborough  and  Isaac  Bradley  were 
also  killed.     The  wounded  were  5  in  number,  one  of  whom,  Charles  C.  Abbe, 
afterward  died  of  his  wounds.     The  Indian  loss  was  8  killed  and  20  wounded. 

18  Lane's  Autobiography,  MS.,  96-7. 

™  Siskiyou  County  Affairs,  MS.,  2,  4-5;  Minto's  Early  Days,  MS.,  46;  Gro- 
ver's  Pub.  Life,  MS.,  28-51;  Brown's  Saltm  Dir.,  1871,  33-5;  Yreka  Moun 
tain  Herald,  Sept.  24,  1853;  Or.  Statesman,  Oct.  11,  1853;  U.S.  H.Ex.  Doc., 
114,  p.  41-2,  35th  cong.  2d  sess.;  Jarksonville  Sentinel,  July  1,  1867;  Meteorol. 
If  eg.,  1853-4,  594;  Nesmith's  Reminiscences,  in  Trans.  Or.  Pioneer  Asso.,  1879, 
p.  44;  Or.  Statesman,  Sept.  27,  1853. 


318  ROGUE  RIVER  WAR. 

The  armistice  continued  inviolate  so  far  as  con 
cerned  the  volunteer  army  under  Lane,  and  the  Ind 
ians  under  Sam,  Jo,  and  Jim.  But  hostilities  were 
not  suspended  between  independent  companies  rang 
ing  the  country  and  the  Grave  Creek  and  Apple- 
gate  Creek  Indians,  and  a  band  of  Shastas  under 
Tipso,  whose  haunts  were  in  the  Siskiyou  Moun 
tains.20 

A  council,  preliminary  to  a  treaty,  was  held  the  4th 
of  September,  when  more  hostages  were  given,  and 
the  next  day  Lane,  with  Smith,  Palmer,  Grover,  and 
others,  visited  the  Rogue  River  camp.  The  8th  was 
set  for  the  treaty-making.  On  that  day  the  white 
rnen  presented  themselves  at  the  Indian  encampment 
in  good  force  and  well  armed.  There  had  arrived,  be 
sides,  the  company  from  the  Willamette,  with  Kautz 
and  his  howitzer,21  all  of  which  had  its  effect  to  obtain 
their  consent  to  terms  which,  although  hard,  the  con 
dition  of  the  white  settlers  made  imperative,22  placing 

20R.  Williams  killed  12  Indians  and  lost  one  man,  Thomas  Philips. 
Owens,  on  Grave  Creek,  under  pledge  of  peace,  got  the  Indians  into  his  camp 
and  shot  them  all.  U.  S.  H.  Ex.  Doc.,  99,  p.  4,  33d  cong.  1st  sess.  Again 
Williams  surprised  a  party  of  Indians  on  Applegate  Creek,  and  after  induc 
ing  them  to  lay  down  their  arms  shot  18  of  them,  etc. 

21  The  Indians  had  news  of  the  approach  of  the  howitzer  several  days  be 
fore  it  reached  Rogue  River.     They  said  it  was  a  hyas  rifle,  which  took  a 
hatful  of  powder  for  a  load,  and  would  shoot  down  a  tree.     It  was  an  ob 
ject  of  great  terror  to  the  Indians,  and  they  begged  not  to  have  it  tired. 
Or.  Statesman,  Sept.  27,  1853. 

22  The  treaty  bound  the  Indians  to  reside  permanently  in  a  place  to  be  set 
aside  for  them ;  to  give  up  their  fire-arms  to  the  agent  put  over  them,  except 
a  few  for  hunting  purposes,  17  guns  in  all ;  to  pay  out  of  the  sum  received  for 
their  lands  indemnity  for  property  destroyed  by  them ;  to  forfeit  all  their 
annuities  should  they  go  to  war  again  against  the  settlers;  to  notify  the 
agent  of  other  tribes  entering  the  valley  with  warlike  intent,  and  assist  in 
expelling  them ;  to  apply  to  the  agent  for  redress  whenever  they  suffered  any 
grievances  at  the  hands  of  the  white  people;  to  give  up,  in  short,  their  en 
tire  independence  and  become  the  wards  of  a  government  of  which  they  knew 
nothing. 

The  treaty  of  sale  of  their  lands,  concluded  on  the  10th,  conveyed 
all  the  country  claimed  by  them,  which  was  bounded  by  a  line  beginning  at 
a  point  near  the  mouth  of  Applegate  Creek,  running  southerly  to  the  summit 
of  the  Siskiyou  Mountains,  and  along  the  summits  of  the  Siskiyou  and  Cas 
cade  mountains  to  the  head  waters  of  Rogue  River,  and  down  that  stream  to 
Jump  Off  Joe  Creek,  thence  down  said  creek  to  a  point  due  north  of,  and 
thence  to,  the  place  of  beginning — a  temporary  reservation  being  made  of 
about  100  square  miles  on  the  north  side  of  Rogue  River,  between  Table 
Rojk  and  Evans  Creek,  embracing  but  ten  or  twelve  square  miles  of  arable 


COUNCIL  AND  TREATY.  319 

the  conquered  wholly  in  the  power  of  the  conquer 
ors,  and  in  return  for  which  they  were  to  receive 
quasi  benefits  which  they  did  not  want,  could  not 
understand,  and  were  better  off  without.  A  treaty 
was  also  made  with  the  Cow  Creek  band  of  Umpquas, 
usually  a  quiet  people,  but  affected  by  contact  with 
the  Grave  Creek  band  of  the  Rogue  River  nation/ 


23 


land,  the  remainder  being  rough  and  mountainous,  abounding  in  game,  while 
the  vicinity  of  Table  Rock  furnished  their  favorite  edible  roots. 

The  United  States  agreed  to  pay  for  the  whole  Rogue  River  Valley  thus 
sold  the  sum  of  $60,000,  after  deducting  $15,000  for  indemnity  for  losses  of 
property  by  settlers;  $5,000  of  the  remaining  $45,000  to  be  expended  in  ag 
ricultural  implements,  blankets,  clothing,  and  other  goods  deemed  by  the  sup. 
most  conducive  to  the  welfare  of  the  ludians,  on  or  before  the  1st  day  of 
September  1854,  and  for  the  payment  of  such  permanent  improvements  as  had 
been  made  on  the  land  reserved  by  white  claimants,  the  value  of  which 
should  be  ascertained  by  three  persons  appointed  by  the  sup.  to  appraise  them. 
The  remaining  $40,000  was  to  be  paid  in  16  equal  annual  instalments  of 
$2,500  each,  commencing  on  or  about  the  1st  of  September,  1854,  in  clothing, 
blankets,  farming  utensils,  stock,  and  such  other  articles  as  would  best  meet 
the  needs  of  the  Indians.  It  was  further  agreed  to  erect  at  the  expense  of 
the  government  a  dwelling-house  for  each  of  three  principal  chiefs,  the  cost  of 
which  should  not  exceed  $500  each,  which  buildings  should  be  put  up  as 
soon  as  practicable  after  the  ratification  of  the  treaty.  When  the  Indians 
should  be  removed  to  another  permanent  reserve,  buildings  of  equal  value 
should  be  erected  for  the  chiefs,  and  $15,000  additional  should  be  paid  to  the 
tribe  in  five  annual  instalments,  commencing  at  the  expiration  of  the  previ 
ous  instalments. 

Other  articles  were  added  to  the  treaty,  by  which  the  Indians  were  bound 
to  protect  the  agents  or  other  persons  sent  by  the  U.  S.  to  reside  among 
them,  and  to  refrain  from  molesting  any  white  person  passing  through  their 
reserves.  It  was  agreed  that  no  private  revenges  or  retaliations  should  be 
indulged  in  on  either  side;  that  the  chiefs  should,  on  complaint  being  made 
to  the  Indian  agent,  deliver  up  the  offender  to  be  tried  and  punished,  con 
formably  to  the  laws  of  the  U.  S.;  and  also  that  on  complaint  of  the  Indians 
for  any  violation  of  law  by  white  men  against  them,  the  latter  should  suffer 
the  penalty  of  the  law. 

The  sacredness  of  property  was  equally  secured  on  either  side,  the  Ind 
ians  promising  to  assist  in  recovering  horses  that  had  been  or  might  be  stolen 
by  their  people,  and  the  United  States  promising  indemnification  for  prop 
erty  taken  from  them  by  the  white  men.  And  to  prevent  mischief  being 
made  by  evil-disposed  persons,  the  Indians  were  required  to  deliver  up  on 
the  requisition  of  the  U.  S.  authorities  or  the  agents  or  sup.  any  white  per 
son  residing  among  them.  The  names  appended  to  the  treaty  were  Joel 
Palmer,  superintendent  of  Indian  affairs;  Samuel  H.  Culver,  Indian  agent; 
Apserkahar  (Jo),  Toquahear  (Sam),  Anachaharah  (Jim),  John,  and  Lympe. 
The  witnesses  were  Joseph  Lane,  Augustus  V.  Kautz,  J.  W\  Nesmith,  R.  B. 
Metcalf,  John  (interpreter),  J.  D.  Mason,  and  T.  T.  Tierney.  Or.  States 
man,  Sept.  27,  1853;  Nesmith's  Reminiscences,  in  Trans.  Or.  Pioneer  ASM., 
1879,  46;  Portland  West  Shore,  May,  1879,  154-5;  8.  F.  Alta,  Sept.  24,  1853; 
Palmer's  Wagon  Trains,  MS.,  50;  2nd.  Aff.  Kept,  1856,  265-7;  and  1865, 
469-71. 

23  The  land  purchased  from  the  Cow  Creek  band  was  in  extent  about  800 
square  miles,  nearly  one  half  of  which  was  excellent  farming  land,  and  the 
remainder  mountainous,  with  a  good  soil  and  fine  timber.  The  price  agreed 


320  ROGUE  RIVER  WAR. 

On  the  whole,  the  people  of  Rogue  River  behaved 
very  well  after  the  treaty.  The  settlers  and  miners 
in  the  Illinois  Valley  about  the  middle  of  October  be 
ing  troubled  by  incursions  of  the  coast  tribes,  who  had 
fled  into  the  interior  to  escape  the  penalty  of  their 
depredations  on  the  beach  miners  about  Crescent  City, 
Lieutenant  R.  C.  W.  Radford  was  sent  from  Fort 
Lane  with  a  small  detachment  to  chastise  them. 
Finding  them  more  numerous  than  was  expected, 
Radford  was  compelled  to  send  for  reinforcements, 
which  arriving  under  Lieutenant  Caster  on  the  22d, 
a  three  days'  chase  over  a  mountainous  country  brought 
them  up  with  the  marauders,  when  the  troops  had  a 
skirmish  with  them,  killing  ten  or  more,  and  captur 
ing  a  considerable  amount  of  property  which  had  been 
stolen,  but  losing  two  men  killed  and  four  w^ounded. 

O 

After  this  the  miners  hereabout  took  care  of  them 
selves,  and  made  a  treaty  with  that  part  of  the  Rogue 
River  tribe,  which  was  observed  until  January  1854, 
when  a  party  of  miners  from  Sailor  Diggings,  in  their 
pursuit  of  an  unknown  band  of  robbers  attacked  the 
treaty  Indians,  some  being  killed  on  both  sides;  but 
the  Indian  agent  being  sent  for,  an  explanation  en 
sued,  and  peace  was  temporarily  restored. 


The  Indian  disturbances  of  1853  in  this  part  of  Or 
egon,  according  to  the  report  of  the  secretary  of  war,24 
cost  the  lives  of  more  than  a  hundred  white  persons 
and  several  hundred  Indians.  The  expense  was  esti 
mated  at  $7,000  a  day,  or  a  total  of  $258,000,  though 
the  war  lasted  for  little  more  than  a  month,  and  there 
had  been  in  the  field  only  from  200  to  500  men. 

In  addition  to  the  actual  direct  expense  of  the  war 

upon  was  $12,000,  two  small  houses,  costing  about  $200,  fencing  and  plowing 
a  field  of  five  acres,  and  furnishing  the  seed  to  sow  it;  the  purchase  money 
to  be  paid  in  annual  instalments  of  goods.  This  sum  was  insignificant  com 
pared  to  the  value  of  the  land,  but  bargains  of  this  kind  were  graded  by  the 
number  of  persons  in  the  band,  the  Cow  Creeks  being  but  few.  Besides, 
Indian  agen.s  who  intend  to  have  their  treaties  ratified  must  get  the  best 
bargains  that  can  be  extorted  from  ignorance  and  need. 
"  U.  S.  H.  Ex.  Doc.,  i.,  pt  ii.  43,  33d  cong.  1st  sese. 


COST  OF  FIGHTING.  321 

was  the  loss  by  settlers,  computed  by  a  commission 
consisting  of  L.  F.  Grover,  A.  C.  Gibbs,  and  G.  H. 
Ambrose  25  to  be  little  less  than  $46,000.  Of  this 
amount  $17,800,  including  payment  for  the  improve 
ments  on  the  reserved  lands,  was  deducted  from  the 
sum  paid  to  the  Indians  for  their  lands,  which  left 
only  $29,000  to  be  paid  by  congress,  which  claims, 
together  with  those  of  the  volunteers,  were  finally 
settled  on  that  basis.26 

25  Portland  Oregonian,  Dec.  30,  1854;  U.  8.  H.  Ex.  Doc.,  65,  43d  cong. 

2d  sess. 

The  names  of  the  claimants  on  account  of  property  destroyed,  on  which 
the  Indian  department  paid  a  pro  rata  of  34.77  per  cent  out  of  the  $15,000 
retained  from  the  treaty  appropriation  for  that  purpose,  were  as  follows, 
showing  who  were  doing  business,  had  settled,  or  were  mining  in  the  Rogue 
River  Valley  at  this  period:  Daniel  and  Ephraim  Raymond,  Clinton  Barney, 
David  Evans,  Martin  Angell,  Michael  Brennan,  Albert  B.  Jennison,  William 
J.  Newton,  Wm  Thompson,  Henry  Rowland,  John  W.  Patrick,  John  R. 
Hardin,  Pleasant  W.  Stone,  Jeremiah  Yarnel,  Wm  S.  King,  Cram,  Rogers  & 
Co.,  Edith  M.  Neckel,  John  Benjamin,  David  N.  Birdseye,  Lewis  Rotherend, 
Mary  Ann  Hodgkins,  George  H.  C.  Taylor,  John  Markley,  Sigmond  Eulinger, 
James  C.  Tolman,  Henry  Ham,  William  M.  Elliott,  Silas  and  Edward  Day, 
James  Triplett,  Nathan  B.  Lane,  John  Agy,  James  Bruce,  James  B.  Fryer, 
Win  G.  F.  Vank,  Hall  &  Burpee,  John  Penneger,  John  E.  Ross,  John  S. 
Miller,  D.  Irwin,  Burrell  B.  Griffin,  Traveena  McComb,  Wm  N.  Ballard, 
Freeman  Smith,  Nicholas  Kohenstein,  Daniel  F.  Fisher,  Thomas  D.  Jewett, 
Sylvester  Pease,  David  Hay  hart,  McGreer,  Drury  &  Runnels,  James  Mooney, 
John  Gheen,  Theodosia  Cameron,  James  Abrahams,  Francis  Nasarett,  Gal 
ley  &  Oliver,  T.  B.  Sanderson,  Frederick  Rosenstock,  Dunn  &  Alluding,  Asa 
G  Fordyce,  Obadiah  D.  Harris,  James  L.  London,  Samuel  Grubb,  Wm 
Kahler,  Samuel  Williams,  Hiram  Niday,  John  Anderson,  Elias  Huntington, 
Shertack  Abrahams,  Thomas  Frazell,  Weller  &  Rose,  Robert  B.  Metcalf, 
Charles  Williams,  John  Swinden,  James  R.  Davis,  Isaac  Woolen,  Wm  M. 
Hughs.  Of  the  settlers  on  the  reservation  lands  who  brought  claims  were 
these:  David  Evans,  Matthew  G.  Kennedy,  John  G.  Cook,  William  Hutch- 
inson,  Charles  Grey,  Robert  B.  Metcalf,  Jacob  Gall,  George  H.  C.  Taylor, 
John  M.  Silcott,  James  Lesly.  Report  of  Supt  Palmer,  in  U.  8.  H.  Ex.  Doc., 
52,  p.  3-5,  38th  con^.  2d  sess. 
HIST.  OB.,  VOL.  II.  21 


CHAPTER  XIII. 

LEGISLATION,  MINING,  AND  SETTLEMENT. 
1853-1854. 

JOHN  W.  DAVIS  AS  GOVERNOR — LEGISLATIVE  PROCEEDINGS — APPROPRIATIONS 
BY  CONGRESS— OREGON  ACTS  AND  RESOLUTIONS — AFFAIRS  ON  THE  UMP- 
QHA — LIGHT-HOUSE  BUILDING — BEACH  MINING— INDIAN  DISTURBANCES — 
PALMER'S  SUPERINTENDENCE — SETTLEMENT  OF  Coos  BAY — EXPLORA 
TIONS  AND  MOUNTAIN-CLIMBING — POLITICS  OF  THE  PERIOD— THE  QUES 
TION  OF  STATE  ORGANIZATION — THE  PEOPLE  NOT  BEADY — HARD  TIMES — 
DECADENCE  OF  THE  GOLD  EPOCH— RISE  OF  FARMING  INTEREST— SOME 
FIRST  THINGS  —  AGRICULTURAL  SOCIETIES — WOOLEN  MILLS— TELE 
GRAPHS— RIVER  AND  OCEAN  SHIPPING  INTEREST  AND  DISASTERS — WARD 
MASSACRE — MILITARY  SITUATION. 

LATE  in  October  1853  intelligence  was  received  in 
Oregon  of  the  appointment  of  John  W.  Davis  of  In 
diana  as  governor  of  the  territory.1  He  arrived  very 
opportunely  at  Salem,  on  the  2d  of  December,  just  as 
the  legislative  assembly  was  about  to  convene.  He 
brought  with  him  the  forty  thousand  dollars  appro 
priated  by  congress  for  the  erection  of  a  capitol  and 
penitentiary,  which  the  legislature  had  been  anxiously 
awaiting  to  apply  to  these  purposes.  Whether  or 
not  he  was  aware  of  the  jealousy  with  which  the  law- 
making  body  of  Oregon  had  excluded  Governor  Gaines 
from  participating  in  legislative  affairs,  he  prudently 

1  Davis  was  a  native  of  Pennsylvania,  where  he  studied  medicine.  He  sub 
sequently  settled  in  Indiana,  served  in  the  legislature  of  that  state,  being 
speaker  of  the  lower  house,  and  was  three  times  elected  to  congress,  serving 
from  1835  to  1837,  from  1839  to  1841,  and  from  1843  to  1847.  He  was  once 
speaker  of  the  house  of  representatives,  and  twice  president  of  the  national 
democratic  convention.  During  Polk's  administration  he  was  commissioner 
to  China.  He  died  in  1859.  Or.  Statesman,  Oct.  25,  1853;  Id.,  Oct.  11,  1859; 
•Or.  Argus,  Oct.  15,  1859. 

(322) 


LEGISLATURE  1853-4.  323 

refrained  from  overstepping  the  limits  assigned  him 
by  the  organic  law.  When  informed  by  a  joint  reso 
lution  of  thf>  assembly  that  they  had  completed  their 
organization,2  he  simply  replied  that  it  would  afford 
him  pleasure  to  communicate  from  time  to  time  from 
the  archives  any  information  they  might  require. 
This  was  a  satisfactory  beginning,  and  indicated  a  pol 
icy  from  which  the  fourth  gubernatorial  appointee 
found  no  occasion  to  depart  during  his  administra 
tion. 

The  money  being  on  hand,  the  next  thing  was  to 
spend  it  as  quickly  as  possible,3  which  the  commis 
sioners  had  already  begun  to  do,  but  which  the  legis 
lature  was  compelled  to  check*  by  appointing  a  new 
penitentiary  board,  and  altering  the  plans  for  the  cap- 
itol  building.  A  bill  introduced  at  this  session  to  re- 

2  The  members  of  the  council  elected  for  1853-4  were  L.  P.  Powers,  of 
Clatsop;  Ralph  Wilcox,  of  Washington;  J.  K.  Kelly,  of  Clackamas;  Benj. 
Simpson,  of  Marion;  John  Richardson,  of  Yamhill;  J.  M.  Fulkerson,  of  Polk. 
Those  holding  over  were  L.  W.  Phelps,  A.  L.  Humphry,  and  Levi  Scott. 
The  house  of  representatives  consisted  of  J.  W.  Moffit,  Z.  C.  Bishop,  Robert 
Thompson,  F.  C.  Cason,  L.  F.   Carter,  B.  B.  Jackson,  L.  F.  Grover,  J.  C. 
Peebles,  E.  F.  Colby,  Orlando  Humason,  Andrew  Shuck,  A.  B.  Westerfield, 
R.  P.  Boise,  W.  S.  Gilliam,  I.  N.  Smith,  Luther  Elkins,  J.  A.  Bennett,  Benj. 
A.  Chapman,  H.  G-.  Hadley,  Wm  J.  Martin,  George  H.  Ambrose,  John  F. 
Miller,  A.  A.  Durham,  L.  8.  Thompson,  S.  Goff,  Chauncey  Nye.     There  was 
but  one  whig  in  the  council,  and  four  in  the  house.    Or.  Statesman,  June  28, 
1853.     Ralph  Wilcox  was  elected  president  of  the  council;  Samuel  B.  Gar- 
rett,  of  Benton,  chief  clerk;  and  A.  B.   P.  Wood,  of  Polk,  assistant  clerk; 
John  K.  Delashmutt,  sergeant-at-arms.     The  house  was  organized  by  electing 
Z.  C.  Bishop,  speaker;  John  McCracken,  chief  clerk;  C.  P.  Crandell,  enroll 
ing  clerk;  G.  D.  R.  Boyd,  assistant  clerk;  G.  D.  Russell,  sergeant-at-arms, 
and  Joseph  Hunsaker,  doorkeeper.    Or.  Jour.  Council.  1853  4,  p.  4,  5. 

3  Half  of  the  $20,000  appropriated  for  a  state  house,  according  to  the  com 
missioners'  report,  was  already  expended  on  the  foundations,  the  architect's 
plan  being  to  make  an  elegant  building  of  stone,  costing,  at  his  estimate, 
$75,000.     The  land  on  which  the  foundation  was  laid  was  block  84  in  the 
town  of  Salem,  and  was  donated  by  W.  H.  Willson  and  wife,  from  the  land 
which   they  succeeded  in  alienating  from  the  methodist   university  lands, 
this  being  one  way  of  enhancing  the  value  of  the  remainder.     The  legislature 
ordered  the  superstructure  to  be  made  of  wood. 

4  The  penitentiary  commissioners  had  selected  two  blocks  of  land  in  Port 
land,  and  had  made  some  slight  progress,  expending  $5,000  of  the  $20,000 
appropriated.     William  M.  King,  president  of  the  board,  charged  $10  per 
day  as  commissioner,  and  $5  more  as  acting  commissioner.     He  speculated 
in  lots,  paying  Lownsdale  $150  each  for  four  lots,  on  condition  that  two  lota 
should  bo  given  to  him,  for  which  he  received  $300.      'In  this  way,'  says  the 
Orryonian  of  Feb.  4,  1854,   'King  has  pocketed  $925,  Lownsdale  $600,  and 
Frush  $2,800,  of  the  penitentiary  fund.     Add  to  this  between  $1,100  and 
$1,200  for  his  invaluable  services  for  letting  all  the  prisoners  run  away,  and 
we  have  a  fair  exhibit  of  financiering  under  democratic  misrule  in  Oregon.' 


324  LEGISLATION,  MINING,  AND  SETTLEMENT. 

locate  the  seat  of  government  may  have  had  some 
influence  in  determining  the  action  of  the  assembly 
with  regard  to  the  character  of  the  edifice  already  in 
process  of  construction.  It  was  the  entering  wedge 
for  another  location  war,  more  bitter  and  furious 
than  the  first,  and  which  did  not  culminate  until 
1855-6.  The  university  had  not  made  so  much  ad 
vancement  as  the  state  house  and  penitentiary,  the 
appropriations  for  the  former  being  in  land,  which  had 
to  be  converted  into  money.5 

Eemembering  the  experiences  of  the  past  three 
years,  the  legislative  assembly  enacted  a  militia  law 
constituting  Oregon  a  military  district,  and  requiring 
the  appointment  by  the  governor  of  a  brigadier-gen 
eral,  who  should  hold  office  for  three  years,  unless 
sooner  removed;  and  the  choice  at  the  annual  election 
in  each  council  district  of  one  colonel,  one  lieutenant- 
colonel,  and  one  major,  who  should  meet  at  a  conven 
ient  place,  within  three  months,  and  lay  off  their  regi 
mental  district  into  company  districts,  to  contain  as 
nearly  as  possible  one  hundred  white  male  adults  be 
tween  the  ages  of  eighteen  and  forty-five  years  capa 
ble  of  bearing  arms,  and  who  should  appoint  captains 
and  lieutenants  to  each  company  district,  the  captains 
to  appoint  sergeants  and  corporals.  Commissions 
were  to  issue  from  the  governor  to  all  officers  except 
sergeants  and  corporals,  the  term  of  office  to  be  two 
years,  unless  prevented  by  unsoundness  of  mind  or 
body,  each  officer  to  rank  according  to  the  date  of 
his  commission,  the  usual  rules  of  military  organiza 
tion  and  government  being  incorporated  into  the  act.6 
In  compliance  with  this  law,  Governor  Davis  appointed, 

5  The  legislature  of  1852-3  had  authorized  the  commissioners  to  construct 
the  university  building  'at  the  town  of  Marysville,  in  the  county  of  Benton, 
on  such  land  as  shall  be  donated  for  that  purpose  by  Joseph  P.  Friedly,' 
unless  some  better  or  more  eligible  situation  should  be  offered.   Or.  Statesman, 
Feb.  5,  1853.     The  commissioners  to  select  the  two  townships  had  only  just 
completed  their  work. 

6  Or.  Jour.  Council,  1853-4,  113,  118,  128;  Laws  of  Or.,  in  Or.  Statesman, 
Feb.  21,  1854;  Or.  Jour.  Council,  1854-5,  app.  12,  15,  17. 


RAILROAD  CHARTERS.  325 

in  April  1854,  J.  W.  Nesmith, brigadier-general;  E.  M. 
Barnum,  adjutant -general;  M.  M.  McCarver,  com 
missary-general;  and  S.  C.  Drew,  quartermaster-gen 
eral.7  An  act  was  also  passed  providing  for  taking 
the  will  of  the  people  at  the  June  election,  concerning 
a  constitutional  convention,  and  the  delegate  was  in 
structed  to  secure  from  congress  an  act  enabling  them 
to  form  a  state  government.8  But  the  people  very 
sensibly  concluded  that  they  did  not  want  to  be  a 
state  at  present,  a  majority  of  869  being  against  the 
measure ;  nor  did  congress  think  well  of  it,  the  slavery 
question  as  usual  exercising  its  influence,  and  although 
Lane  said  that  Oregon  had  60,000  population,  which 
was  an  exaggeration. 

OO 

The  doings  of  the  alcaldes  of  Jackson  county  as 
justices  of  the  peace  were  legalized;  for  up  to  the 
time  of  the  appearance  of  a  United  States  judge  in 
that  county  the  administration  of  justice  had  been 
irregular,  and  often  extraordinary,  making  the  per 
sons  engaged  in  it  liable  to  prosecution  for  illegal 
proceedings,  and  the  judgments  of  the  miners'  courts 
void.9  The  business  of  the  session,  taken  all  in  all, 
was  unimportant.10  Worthy  of  remark  was  the  char- 

7  At  the  June  election,  Washington  county  chose  J.  L.  Meek  col,  R.  M. 
Porter  lieut-col,  John  Pool  maj.;  Yamhill,  J.  W.  Moffit  col,  W.  Starr 
lieut-col,  J.  A.  Campbell  maj.;  Marion,  George  K.  Sheil  col,  John  McCracken 
lieut-col,  J.  C.  Geer  maj.;  Clackamas,  W.  A.  Casoii  col,  Thos  Waterbury 
lieut-col,  W.  B.  Magers  maj.;  Linn,  L.  S.  Helm  col,  N.  G.  McDonald 
lieut-col,  Isaac  N.  Smith  maj.;  Douglas,  W.  J.  Martin  col,  J.  S.  Lane  lieut- 
col,  D.  Barnes  maj.;  Coos,  Stephen  Davis  col,  C.  Gunning  lieut-col,  Hugh 
O'Xeil  maj.  Or.  Statesman,  June  13,  20,  27,  1854.  Polk  and  Tillamook  coun 
ties  elected  J.  K.  Delashmutt  col,  B.  F.  McLench  lieut-col,  B.  F.  Burch  maj.; 
Benton  and  Lane,  J.  Kendall  col,  Jacob  Allen  lieut-col,  William  Gird  maj.; 
Jackson,  John  E.  Ross  col,  Win  J.  Newton  lieut-col.  James  H.  Russell  maj. 
Or.  Statesman,  July  1,  1854.  Or.  Jour.  Council,  1857-8,  App.  57. 

bLaw*  of  Or.,  in  Or.  Statesman,  Feb.  7,  1854;  Cony.  Globe,  vol.  28,  pt 
ii.  1117-8,  33d  cong.  1st  sess. 

9  Or.  Jour.  Council,  1853-4,  50;  Or.  Statesman,  Jan.  17,  1854.     The  former 
alcaldes  were  John  A.  Hardin,  U.  S.  Hayden,  Chauncey  Nye,  Clark  Rogers, 
and   W.   W.   Fowler.     Laws  of  Oregon,  in  Or.  Statesman,  Jan.    17,    1854. 
And  this,  notwithstanding  Fowler  had  sentenced  one  Brown  to  be  hanged 
for  murder.    Pri:ns  Judicial  Anecdotes,  MS.,  10.     The  first  term  of  the  U.  S. 
district  court  held  by  Judge  Deady  began  Sept.  5,  1853. 

10  Coos,  Columbia,  and  Wasco  counties  were  established.     The  name  of 
Marysville  was  changed  to  Corvallis.     Rogue  River  had  its  name  changed 
to  Gold  River,  and  Grave  Creek  to  Leland  Creek;  but  such  is  the  force  of 
custom,  these  changes  were  not  regarded,  and  the  next  legislature  changed 


326  LEGISLATION,  MINING,  AND  SETTLEMENT. 

tering  of  four  railroad  companies,  only  one  of  which 
took  any  steps  toward  carrying  out  the  declared  inten 
tions  of  the  company.  In  the  case  of  the  Willamette 
Valley  Railroad  Company,  the  commissioners  held 
one  meeting  at  Thorp's  mills,  in  Polk  county,  and 
appointed  days  for  receiving  subscriptions  in  each 
of  the  counties.  But  the  time  was  not  yet  ripe  for 
railroads,  and  this  temporary  enthusiasm  seems  to 
have  been  aroused  by  the  Pacific  railroad  survey,  then 
in  progress  in  the  north-west  territory  of  the  United 
States.11 

The  success  of  the  Oregon  delegates  in  securing 
appropriations  led  the  assembly  to  ask  for  money  from 
the  general  government  for  " every  conceivable  pur 
pose,"  as  their  mentor,  the  Statesman,  reminded  them, 
and  for  which  it  reproved  them.  Yet  the  greater  part 
of  these  applications  found  favor  with  congress,  either 
through  their  own  merits  or  the  address  of  the  dele- 

the  name  of  Gold  River  back  to  Rogue  River.  The  methodists  incorporated 
Santiain  Academy  at  Lebanon,  in  Linn  county,  Portland  Academy  and  Fe 
male  Seminary  at  Portland,  and  Corvallis  Academy  at  Corvallis.  The  pres- 
byteriana  incorporated  Union  Academy  at  Union  Point.  The  congregation- 
alists  incorporated  Tualatin  Academy  and  Pacific  University  at  Forest 
Grove;  and  the  citizens  of  Polk  county  the  Rickreal  Academy,  on  the  land 
claim  of  one  Lovelady — Rickreal  being  the  corruption  of  La  Creole,  in  com 
mon  use  with  the  early  settlers.  Albany  had  its  name  changed  to  Tekanah, 
but  it  was  changed  back  again  next  session.  Thirty  wagon  roads  were  peti 
tioned  for,  and  many  granted,  and  the  Umpqua  Navigation  and  Manu 
facturing  Company  was  incorporated  at  this  session,  the  object  of  which 
was  to  improve  the  navigation  of  the  river  at  the  head  of  tide-water,  and 
utilize  the  water-power  at  the  falls  for  mills  and  manufactories.  The  com 
pany  consisted  of  Robert  J.  Ladd,  J.  W.  Drew,  R.  E.  Stratton,  Benjamin 
Brattan,  and  F.  W.  Merritt;  but  nothing  came  of  it,  the  navigation  of  the 
river  being  impracticable.  None  of  the  plans  for  making  Scottsburg  a 
manufacturing  town  at  this  time,  or  down  to  the  present,  succeeded.  An 
appropriation  for  the  improvement  of  the  river  above  that  place  was  indeed 
secured  from  congress  and  applied  to  that  purpose  a  few  years  later,  so  far 
that  a  small  steamer  built  for  a  low  stage  of  water  made  one  trip  to  Win 
chester.  The  Umpqua  above  the  falls  at  Scottsburg  is  a  succession  of  rapids 
over  rocky  ledges  which  form  the  bottom  of  the  stream.  The  water  in  sum 
mer  is  shallow,  and  in  winter  often  a  rushing  torrent.  In  the  winter  of  1861-2 
it  carried  away  the  mills  and  most  of  the  valuable  improvements  at  the  lower 
town,  which  were  not  rebuilt. 

11  The  Willamette  Valley  railroad  was  to  have  been  built  on  the  west  side 
of  the  valley.  The  commissioners  were  Fred.  Waymire,  John  Thorp,  and 
Martin  L.  Barber.  Or.  Statesman,  April  25,  1854.  The  first  railroad  pro 
jected  in  Oregon  was  from  St  Helen,  on  the  Columbia,  to  Lafayette,  the 
idea  being  put  forth  by  H.  M.  Knighton,  original  owner  of  the  former  place, 
and  Crosby  and  Smith,  owners  of  Milton  town  site.  See  Or.  Spectator,  April 
17,  1851. 


APPROPRIATIONS.  327 

gate  in  advocating  them.  The  principal  appropria 
tions  now  obtained  were  the  sum  before  mentioned 
for  paying  the  expenses  of  the  Rogue  River  war; 
$10,000  to  continue  the  military  road  from  Myrtle 
Creek  to  Scottsburg;  and  $10,000  in  addition  to  a 
former  appropriation  of  $15,000  to  construct  a  light 
house  at  the  mouth  of  the  Umpqua,  with  a  propor 
tionate  part  of  a  general  appropriation  of  $59,000  to 
be  used  in  the  construction  of  light-houses  on  the  coasts 
of  California  and  Oregon.12  • 

12  Cong.  Globe,  1853-4,  2249.  This  work,  which  had  been  commenced 
on  the  Oregon  coast  in  1853,  was  delayed  by  the  loss  of  the  bark  Oriole 
of  Baltimore,  Captain  Lentz,  wrecked  on  the  bar  of  the  Columbia  the 
19th  of  Sept.,  just  as  she  had  arrived  inside,  with  material  and  men  to 
erect  the  light-house  at  Cape  Disappointment.  The  wind  failing,  on  the 
ebb  of  the  tide  the  Oriole  drifted  among  the  breakers,  and  on  account  of  the 
stone  and  other  heavy  cargo  in  her  hold,  was  quickly  broken  up.  The 
crew  and  twenty  workman,  with  the  contractor,  F.  X.  Kelley,  and  the  bar- 
pilot,  Capt.  Flavel,  escaped  into  the  boats,  and  after  twelve  hours'  work  to 
keep  them  from  being  carried  out  to  sea,  were  picked  up  by  the  pilot-boat 
and  taken  to  Astoria.  Thus  ended  the  first  attempt  to  build  the  much  needed 
light-house  at  the  mouth  of  the  Columbia.  In  1854  Lieut  George  H.  Derby 
was  appointed  superintendent  of  light-houses  in  Cal.  and  Or.  Additional  ap 
propriations  were  asked  for  in  1854.  In  185G  the  light-house  at  Cape  Disap 
pointment  was  completed.  Its  first  keeper  was  John  Boyd,  a  native  of 
Maine,  who  came  to  Or.  in  1853,  and  was  injured  in  the  explosion  of  the  Ga 
zelle.  He  married  Miss  Olivia  A.  Johnson,  also  of  Maine,  in  1859.  They 
had  four  children.  Boyd  died  Sept.  10,  1865,  at  the  Cape.  Portland  Orego- 
ni(in,  Sept.  18,  1865.  The  accounting  officer  of  the  treasury  was  authorized 
to  adjust  the  expenses  of  the  commissioners  appointed  by  the  ter.  assembly 
to  prepare  a  code  of  laws,  and  of  collecting  and  printing  the  laws  and  archives 
of  the  prov.  govt.  U.  S.  House  Jour.,  725,  33d  cong.  1st  sess;  Cong.  Globe, 
1853-4,  tipp.  2322.  The  laws  and  archives  of  the  provisional  government, 
compiled  by  L.  F.  Grover,  were  printed  at  Salem  by  Asahel  Bush.  The 
code  was  sent  to  New  York  to  be  printed.  The  salaries  of  the  ter.  judges 
and  the  sec.  were  increased  $500  each,  and  the  services  of  Geo.  L.  Curry, 
while  acting  governor,  were  computed  the  same  as  if  he  had  been  gov 
ernor.  The  legislative  and  other  contingent  expenses  of  the  ter.  amounted 
to  $32,000,  besides  those  of  the  surv.-gen.  office,  Ind.  dep.,  mil.  dep.,  and 
mail  service.  The  expenses  of  the  govt,  not  included  in  those  paid  by 
the  U.  S.,  amounted  for  the  fiscal  year  ending  Dec.  1853  to  only  $3,359.54; 
and  the  public  debt  to  no  more  than  $855.37.  Or.  Statesman,  Dec.  20,  1853; 
Or.  Journal  Council,  1853-4,  p.  143-5;  Portland  Oregonian,  Jan.  27,  1854. 
Two  new  districts  for  the  collection  of  customs  were  established  at  the  2d 
sess.  of  the  33d  cong.,  viz.,  Cape  Perpetua,  and  Port  Orford,  with  collectors 
drawing  salaries  of  $2,000  each,  who  might  employ  each  a  clerk  at  $1,500; 
and  a  deputy  at  each  port  of  delivery  at  $1,000  a  year;  besides  ganger,  weigh 
er,  and  measurer,  at  $6  a  day,  and  an  inspector  at  $4.  Cong.  Globe,  vol.  31, 
app.  384,  33d  cong.  2d  sess.  The  port  of  entry  for  the  district  of  Cape  Per 
petua  was  fixed  at  Gardiner,  on  the  Umpqua  River.  More  vessels  entered 
the  Columbia  than  all  the  other  ports  together.  From  Sept.  1,  1853,  to  July 
13,  1854,  inclusive,  there  were  179  arrivals  at  the  port  of  Astoria,  all  from  S. 
F.  except  one  from  Coos  Bay,  two  from  Xew  York,  and  one  from  London. 
The  London  vessel  brought  goods  for  the  Hudson's  Bay  Company,  the  only 


328  LEGISLATION,  MINING,  AND  SETTLEMENT. 

Next  to  the  payment  of  the  war  debt  was  the 
demand  for  a  more  efficient  mail  service.  The  peo 
ple  of  the  Willamette  Valley  still  complained  that 
their  mails  were  left  at  Astoria,  and  that  at  the  best 
they  had  no  more  than  two  a  month.  In  southern 
Oregon  it  was  still  worse;  and  again  the  citizens  of 
Umpqua  memorialized  congress  on  this  vexatious  sub 
ject.  It  was  represented  that  the  valleys  of  southern 
Oregon  and  northern  California  contained  some  30,000 
inhabitants,  who  obtained  their  merchandise  from 
Umpqua  harbor,  and  that  it  was  imperatively  neces 
sary  that  mail  communication  should  be  established 
between  San  Francisco  and  these  valleys.  Their  pe 
tition  was  so  brought  before  congress  that  an  act  was 
passed  providing  for  the  delivery  of  the  mails  at  all 
the  ports  along  the  coast,  from  Humboldt  Bay  to 
Port  Townsend  and  Olympia,  and  $125,000  appropri 
ated  for  the  service.13  Houses  were  built,  a  newspa 
per14  was  established,  and  hope  beat  high.  But  again 

foreign  vessel  entering  Oregon  during  that  time.  The  departures  from  the 
Columbia  numbered  184,  all  for  S.  F.  except  one  for  Coos  Bay,  two  for  Ca- 
llao,  one  for  Australia,  and  one  for  the  S.  I.  Most  of  these  vessels  carried 
lumber,  the  number  of  feet  exported  being  22,567,000.  Or.  Statesman,  Aug. 
1,  1854.  The  direct  appropriations  asked  for  and  obtained  at  the  2d  sess.  of 
this  cong.  were  for  the  creation  of  a  new  land  district  in  southern  Or.  called 
the  Umpqua  district,  to  distinguish  it  from  the  Willamette  disti'ict,  with  an 
office  at  such  point  as  the  president  might  direct,  Zabris/cie  Land  Laivs,  G36; 
Cong.  Globe,  vol.  31,  app.  380,  33d  cong.  2d  sess.,  the  appropriation  of  $40,- 
000  to  complete  the  penitentiary  at  Portland,  $27,000  to  complete  the  state 
house  at  Salem,  and  $30,000  to  construct  the  military  road  from  Salem  to 
Astoria,  marked  out  in  1850  by  Samuel  Culver  and  Lieut  Wood  of  the 
mounted  rifles.  Or.  Statesman,  Oct.  3,  1850.  The  military  road  to  Astoria 
was  partly  constructed  in  1855,  under  the  direction  of  Lieut  Derby.  Money 
failing,  a  further  appropriation  of  $15,000  was  applied,  and  still  the  road  re 
mained  practically  useless.  The  appropriation  of  $30,000  for  a  light-house  at 
the  Umpqua  was  also  expended  by  government  officers  in  1857.  The  tower 
was  105  feet  high,  but  being  built  on  a  sandy  foundation,  it  fell  over  into  the 
sea  in  1870.  It  does  not  appear  that  the  money  bestowed  upon  Oregon  by 
congress  in  territorial  times  accomplished  the  purposes  for  which  it  was  de 
signed.  Not  one  of  the  military  roads  was  better  than  a  mule  trail,  every 
road  that  could  be  travelled  by  wagons  being  opened  by  the  people  at  their 
own  expense. 

13  U.  S.  II.  Jour.,  237,  388,  411,  516,  536,  963,  33d  cong.  1st  sess.;  U.  S.  II. 
Ex.  Doc.,  i.  pt  ii.  615,  624,  701,  33d  cong.  2d  sess. 

14  By  D.  J.  Lyon,  at  Scottsburg,  called  the  Umpqua  Gazette.     It  was  first 
issued  in  April  1854,  and  its  printer  was  William  J.  Beggs.     In  Nov.  1854, 
G.  D.  II.  Boyd  purchased  a  half -interest,  and  later  removed  the  material  to 
Jacksonville  where  the  publication  of  the  Table  Rock  Sentinel  was  begun  in 


BEACH  GOLD  MINING.  329 

in  the  summer  of  1854,  as  after  the  efforts  of  Thurs- 
ton,  the  Pacific  Mail  Steamship  Company  made  a 
spasmodic  pretence  of  keeping  their  contract,  which 
was  soon  again  abandoned  out  of  fear  of  the  Umpqua 
bar,15  and  this  abandonment,  together  with  the  suc 
cessful  rivalry  of  the  road  from  Crescent  City  to  the 
Rogue  River  Valley,  and  the  final  destruction  of  the 
Scottsburg  road  by  the  extraordinary  storms  of  1861-2, 
terminated  in  a  few  years  the  business  of  the  Ump 
qua,  except  such  lumbering  and  fishing  as  were  after 
ward  carried  on  below  Scottsburg. 

The  history  of  beach  mining  for  gold  began  in  the 
spring  of  1853,  the  discovery  of  gold  in  the  sand  of 
the  sea-beach  leading  to  one  of  those  sudden  migra 
tions  of  the  mining  population  expressively  termed  a 
'rush.'  The  first  discovery  was  made  by  some  half- 
breeds  in  1852  at  the  mouth  of  a  creek  a  few  miles 
north  of  the  Coquille,  near  where  Randolph  appears 
on  the  map.16  The  gold  was  exceedingly  fine,  the  use 
of  a  microscope  being  often  necessary  to  detect  it;  yet 
when  saved,  by  amalgamation  with  mercury,  was 

Nov.  1855,  by  W.  G.  T'Vault,  Taylor,  and  Blakesly,  with  Beggs  as  printer. 
Or.  Statesman,  Dec.  8,  1855;  Or.  Argus,  Dec.  8,  1855.  The  name  was  changed 
to  that  of  Oregon  Sentinel  in  1857.  Id. ,  July  25,  1857.  I).  J.  Lyons  was  born 
in  Cork,  Ireland,  in  1813,  his  family  being  in  the  middle  rank  of  life,  and 
connected  with  the  •political  troubles  of  1798.  His  father  emigrated  to  Ken 
tucky  in  1818.  Young  Lyons  lost  his  sight  in  his  boyhood,  but  was  well  edu 
cated  by  tutors,  and  being  of  a  musical  and  literary  turn  of  mind,  wrote 
songs  fashionable  in  the  circle  in  which  George  D.  Prentice,  Edmund  Flagg, 
and  Amelia  Welby  were  prominent.  Lyons  was  connected  with  several  light 
literary  publications  before  coming  to  Oregon.  He  had  married  Virginia  A. 
Putnam,  daughter  of  Joseph  Putnam  of  Lexington,  with  whom  he  emigrated 
to  Oregon  in  1853,  settling  at  Scottsburg,  where  he  resided  nearly  30  years, 
removing  afterward  toMarshfield,  on  Coos  Bay.  Beggs  was  a  brilliant  writer 
on  politics,  but  of  dissipated  habits.  He  married  a  Miss  Beebe  of  Salem, 
and  deserted  her.  He  ran  a  brief  career,  dying  in  misery  in  New  York  City. 

15  The  whole  coast  was.  little  understood,  and  unimproved  as  to  harbors. 
The  Anita  was  lost  at  Port  Orford  in  Oct.  1852.     Three  vessels,  the  J.  Mcri- 
thew,  Mendora,  and   Vanda/ia,  were  wrecked  at  the  mouth  of  the  Columbia 
in  Jan.  1853.     Capt.  E.  H.  Beard  of  the  Vandalia,  who  was  from  Baltimore, 
Md.,  was  drowned. 

16  S.  S.   Mann  says  that  the  half-breeds  sold  their  claim  to  McNamara 
Brothers  for  $20,000.  Settlement  of  Coos  Bay,  MS.,  14.     Armstrong,  in  his 
Ores/on,   66,  claims  that  his  brother  discovered  gold  on  the  beach  at  the 
Coquille  in  1842,  being  driven  in  there  in  a  schooner  by  a  storm,  while  on  his 
way  to  San  Francisco. 


330  LEGISLATION,  MINING,  AND  SETTLEMENT. 

found  to  be  in  paying  quantities.  The  sand  in  which 
it  was  found  existed  not  only  on  the  modern  beach, 
but  on  the  upper  Coquille,  forty  miles  in  the  interior, 
at  a  place  known  as  Johnson  Diggings;  but  the  prin 
cipal  deposits  were  from  the  Coquille  River  south 
along  the  recent  beach  to  the  California  line.17 

A  mining  town  called  Elizabeth  sprung  up  during 
the  summer  about  thirty  miles  south  of  Port  Orford, 
and  another  seven  miles  north  of  the  Coquille,  called 
Randolph  City.18  The  latter  name  may  still  be  found 
on  the  maps,  but  the  town  has  passed  out  of  ex 
istence  with  hundreds  of  others.  For,  although  the 
returns  from  certain  localities  were  at  first  flattering, 
the  irregular  value  of  the  deposits,  and  the  difficulty 
of  disposing  of  the  gold  on  account  of  expense  of  sep 
aration,  soon  sent  most  of  the  miners  back  to  the 
placer  diggings  of  the  interior,  leaving  a  few  of  the 
less  impatient  to  further  but  still  futile  efforts. 

The  natives  living  at  the  mouth  of  the  Coquille 
questioned  the  right  of  the  white  men  to  occupy  that 
region,  and  added  to  insolence  robbery  and  murder. 
Therefore,  on  the  28th  of  January,  a  party  of  forty, 
led  by  George  H.  Abbott,  went  to  their  village,  killed 
fifteen  men,  and  took  prisoners  the  women  and  chil 
dren.  Seeing  which,  the  chiefs  of  other  villages  were 

17  'The  deposit  where  the  gold  was  found  is  an  ancient  beach,  1^  miles  east 
or  back  of  the  present  beach.  The  mines  are  180  feet  above  the  level  of  the 
ocean,  which  has  evidently  receded  to  that  extent.  The  depth  of  the  gold 
varies  from  one  to  twelve  feet,  there  being  12  feet  on  the  ocean  side  to  one 
foot  on  what  was  formerly  the  shore  side.  The  breadth  is  from  300  to  500 
feet,  which  is  covered  with  white  sand  to  a  depth  of  40  feet.  The  surface  is 
overgrown  with  a  dense  forest,  and  trees  of  great  size  are  found  in  the  black 
sand,  in  a  good  state  of  preservation,  which  proves  that  there  the  beach  was 
at  no  remote  period.  Iron  is  a  large  component  of  this  black  sand,  and  it 
would  probably  pay  to  work  it  for  that  metal  now.'  Gale's  Resources  of  Coos 
County,  31.  See  also  Van  Tramp's  Adventures,  154-5;  Armstrong's  Or.,  64- 
5,  57-9;  Davidson's  Coast  Pilot,  119;  Harper's  Monthly,  xiii.  594-5;  8.  F. 
Com.  Advertiser,  Feb.  23,  1854;  Taylor's  Spec,  Press,  584;  Cram's  Top. 
J/era.,37.  W.  P.  Blake,  in  S'dliman's  Journal,  vol.  20,  74,  says:  'Gold  is 
found  in  the  beach  sand  from  the  surface  to  the  depth  of  6  feet  or  more;  it  is 
in  very  small  thin  scales,  and  separates  from  the  black  sand  with  difficulty. 
Platinum  and  the  associate  metals,  iridosmine,  etc. ,  are  found  with  the  gold 
in  large  quantities,  and  as  they  cannot  be  separated  from  the  gold  by  washing, 
its  value  in  the  market  is  considerably  lessened.' 

18Parrish,  in  Ind.  Aff.  Kept,  1854,  268-75,  288;  S.  F.  AUa,  June  5,  6, 
July  15,  and  Aug.  16,  1854. 


COOS  BAY  COMPANY.  331 

glad  to   make  peace  on  any  terms,  and  keep  it  until 
driven  again  to  desperation.19 

Superintendent  Palmer,  in  the  spring  of  1854,  began 
a  round  of  visits  to  his  savage  wards,  going  by  the 
way  of  the  Rogue  River  Valley  and  Crescent  City, 
and  proceeding  up  the  coast  to  Yaquina  Bay.  Find 
ing  the  Indians  on  the  southern  coast  shy  and  unap 
proachable,  he  left  at  Port  Orford  Sub-agent  Parrish 
with  presents  to  effect  a  conciliation/ 


20 


Prominent  among  matters  growing  out  of  beach 
mining,  next  after  the  Indian  difficulties,  was  the 
more  perfect  exploration  of  the  Coos  Bay  country, 
which  resulted  from  the  passing  back  and  forth  of 
supply  trains  between  the  Umpqua  and  the  Coquille 
rivers.  In  May  1853,  Perry  B.  Marple,21  after  hav 
ing  examined  the  valley  of  the  Coquille,  and  found 
what  he  believed  to  be  a  practicable  route  from  Coos 
Bay  to  the  interior,22  formed  an  association  of  twenty 
men  called  the  Coos  Bay  Company,  with  stock  to  be 
divided  into  one  hundred  shares,  five  shares  to  each 
joint  proprietor,23  and  each  proprietor  being  bound  to 

19  Indian  Agent  F.  M.  Smith,  after  due  investigation,  pronounced  the  kill 
ing  an  unjustifiable  massacre.  U.  S.  H.  Ex.  Doc.  76,  268-71,  34th  cong.  3d 
sess. 

2(1  See  Parrisk's  Or.  Anecdotes,  MS., 'passim;  2nd.  Aff.  Kept,  1854,  254-66. 

'2l  He  was  an  eccentric  genius,  a  great  talker,  of  whom  his  comrades  used 
to  say  that  he  'came  within  an  ace  of  being  a  Patrick  Henry,  but  just  missing 
it,  missed  it  entirely.'  He  was  a  man  of  mark,  however,  in  his  county,  which 
he  represented  in  the  constitutional  convention — a  bad  mark,  in  some  respects, 
judging  from  Deady's  observations  on  disbarring  him:  'I  have  long  since 
ceased  to  regard  anything  you  assert.  All  yonr  acti  show  a  decree  of  mental 
and  moral  obliquity  which  renders  you  incapable  of  discriminating  between 
truth  and  falsehood  or  right  and  wrong.  You  have  no  capacity  for  the  practice 
of  law,  and  in  that  profession  you  will  ever  prove  a  curse  to  yourself  and  to  the 
community.  For  these  reasons,  and  altogether  overlooking  the  present  alle 
gations  of  unprofessional  conduct,  it  would  be  an  act  of  mercy  to  strike  your 
name  from  the  roll  of  attorneys.'  Marple  went  to  the  Florence  mines  in 
eastern  Oregon  on  the  outbreak  of  the  excitement  of  1861,  and  there  died  of 
consumption  in  the  autumn  of  1862.  Or.  Statesman,  Dec.  8,  1862,  and  Jan. 
12,  1868. 

22  The  first  settlement  was  made  on  Coos  Bay  in  the  summer  of  1853,  and 
a  packer  named  Sherman  took  a  provision  train  over  the  mountains  from. 
Grave  Creek  by  a  practicable  route.  He  reported  discoveries  of  coal.  Or. 
Statesman,  June  28,  1853. 

2:j  The  proprietors  were  Perry  B.  Marple,  James  C.  Tolman,  Eollin  L.  Bel- 
knap,  Solomon  Bowermaster,  Joseph  H.  McVay,  J.  A.  J.  McVay,  Wm  H. 


332  LEGISLATION,  MINING,  AND  SETTLEMENT. 

proceed  without  delay  to  locate  in  a  legal  form  all  the 
land  necessary  to  secure  town  sites,  coal  mines,  and 
all  important  points  whatsoever  to  the  company.  If 
upon  due  consideration  any  one  wished  to  withdraw 
from  the  undertaking  he  was  bound  to  hold  his  claim 
until  a  substitute  could  be  provided.  Each  person 
remaining  in  the  company  agreed  to  pay  the  sum 
of  five  hundred  dollars  to  the  founder,  from  whom 
he  wrould  receive  a  certificate  entitling  him  to  one 
twentieth  of  the  whole  interest,  subject  to  the  regu 
lations  of  the  company,  the  projector  of  the  enterprise 
being  bound  on  his  part  to  reveal  to  the  company  all 
the  advantageous  positions  upon  the  bay  or  on  Co- 
quille  river,  and  throughout  the  country,  and  to  re 
linquish  to  the  company  his  selections  of  land,  the 
treasures  he  had  discovered,  both  upon  the  earth  or 
in  it,  and  especially  the  stone-coal  deposits  bv  him 
found.24 

The  members  of  the  company  seemed  satisfied  with 
the  project,  and  lost  no  time  in  seizing  upon  the  va 
rious  positions  supposed  to  be  valuable.  Empire  City 
was  taken  up  as  a  town  site  about  the  time  the  company 
was  formed,25  and  later  Marshfield,26  and  the  affairs  of 

Harris,  F.  G.  Lockhart,  C.  W.  Johnson,  A.  P.  Gaskell,  W.  H.  Jackson,  Presly 
G.  Wilhite,  A.  P.  De  Cuis,  David  Rohren,  Charles  Pearce,  Matthias  M. 
Learn,  Henry  A.  Stark.  Charles  H.  Haskell,  Joseph  Lane,  S.  K.  Temple. 
Articles  of  Indenture  of  the  Coos  Bay  Company,  in  Oregonian,  Jan.  7,  1854; 
Gibbs'  Notes  on  Or.  Hist.,  MS.,  15. 

2i  Articles  of  Indenture  of  the  Coos  Bay  Company,  in  Oregonian,  Jan.  7, 
1854.  See  S.  F.  Alta,  Jan.  3,  1854. 

25  Empire  City  had  (in  1855)  some  thirty  board  houses,  and  a  half-finished 
wharf.  Van  Tramp's  Adventures,  160. 

26 1  am  informed  by  old  residents  of  Marshfield  that  this  was  the  claim  of 
J.  C.  Tolman,  who  was  associated  in  it  with  A.  J.  Davis.  The  usual  confu 
sion  as  to  titles  ensued.  Tolman  was  forced  to  leave  the  place  on  account  of 
his  wife's  health,  and  put  a  man  named  Chapman  in  charge.  Davis,  having 
to  go  away,  put  a  man  named  Warwick  in  charge  of  his  half  of  the  town  site. 
Subsequently  Davis  bought  one  half  of  Tolman's  half,  but  having  another 
claim,  allowed  Warwick  to  enter  the  Marshfield  claim  for  him,  in  his  own 
name,  though  according  to  the  land  law  he  could  not  enter  land  for  town-site 
purposes.  Warwick,  however,  in  some  way  obtained  a  patent,  and  sold  the 
claim  to  H.  H.  Luce,  whose  title  was  disputed  because  the  patent  was  fraud 
ulently  obtained.  A  long  contest  over  titles  resulted,  others  claiming  the 
right  to  enter  it,  because  Davis  had  lost  his  right,  and  Warwick  had  never 
had  any.  Luce  held  possession,  however.  The  remaining  portion  of  Tolman's 
half  of  the  town  site  was  sold  to  a  man  named  Hatch,  whose  claim  is  not  dis 
puted. 


COOS  BAY  COAL.  333 

the  company  prospered.  In  January  1854,  the  ship 
Denials  Cove  from  San  Francisco  entered  Coos  Bay 
with  a  stock  of  goods,  bringing  also  some  settlers  and 
miners,  and  in  the  same  month  the  Louisiana,  Cap 
tain  Williams,  from  Portland  took  a  cargo  into  Coos 
Bay  for  Northup  &  Simonds  of  that  town,  who 
established  a  branch  business  at  Empire  City,27 
Northup  accompanying  the  cargo  and  settling  at 
that  place.28 

Coal  was  first  shipped  from  the  Newport  mine  in 
April  1855,29  and  in  1856  a  steam- vessel  called  the 
Newport,  the  first  to  enter  this  harbor,  was  employed 
in  carrying  cargoes  to  San  Francisco,30  and  the  same 
year  two  steam  saw-mills  were  in  operation  with 

27  In  a  letter  written  by  Northup  to  his  partner,  and  published  in  the  Ore- 
gonian  of  April  22,  1854,  he  tells  of  the  progress  of  affairs.     They  had  sounded 
the  bay  and  found  from  12  to  30  feet  of  water.     The  land  was  level  and  tim 
bered,  but  not  hard  to  clear.     The  Coquille  was  'one  of  the  prettiest  rivers  ' 
ever  seen.     Mr  Davis  of  S.  F.  was  forming  a  company  to  build  a  railroad 
from  the  branch  of  the  bay  to  the  Coquille,  the  travel  going  that  way  to  the 
Randolph  mines.     Machinery  for  a  steamer  was  also  coming.     The  whole  of 
southern  Oregon  was  to  be   connected  with  Coos  Bay.     The   miners  were 
doing  well,  and  business  was  good. 

28  'Nelson  Xorthup,  a  pioneer  of  Portland,  who  came  to  the  place  in  1851, 
and  soon  after  formed  the  firm  of  Northup  &  Simonds,  well  known  merchants 
of  those  days.     In  1854  they  disposed  of  their  business  to  E.  J.   Northup 
and  J.  M.  Blossom,  and  removed  to  Coos  Bay,  taking  into  that  port  the  sec 
ond  vessel  from  Portland.     Northup  remained  at  Coos  Bay  several   years, 
and  in  the  mean  time  opened  up,  at  great  expense,  the  first  coal  mines  in  that 
locality,  now  so  famed  in  that  respect.     He  died  at  the  residence  of  Ids  son 
E.  J.  Northup,  in  the  65th  year  of  his  age,  on  the  3d  of  July,  1874.'  Port 
land  Oreyoniaii,  July  4,  1874. 

29  S.    F.  Alta,  May  4,  6,   12,  June  28,  and  Oct.    7,   1854;  Or.   Statesman, 
May  12,  1854. 

30  She  was  a  small  craft,  formerly  the  Hartford.     Her  engines  were  after 
ward  transferred  to  a  small  teak-wood  schooner,  which  was  christened  The 
Fearle*s,  and  was  the  first  and  for  many  years  the  only  tug-boat  on  the  bay. 
She  was  finally  lost  near  Coos  Head.     A  story  has  been  told  to  this  effect: 
By  one  of  the  early  trips  of  the  Newport  an  order  was  sent  to  Estell,  her 
owner,  to  forward  a  few  laborers  for  the  Newport  mine.     Estell  had  charge 
of  the  California  state  prison,  and  took  an  interest,  it  was  said,  in  its  occu 
pants,  so  far  as  to  let  them  slip  occasionally.     On  the  return  of  the  Newport, 
a  crowd  of  forty  hard  cases  appeared  upon  her  deck.     A  few  only  were  re 
quired  at  the  mine,  and  the  remainder  dropped  ashore  at  Empire  City.     The 
unsuspecting   citizens   scanned  them  curiously,   and   then   retired   to   their 
domiciles.     But   consternation   soon  prevailed.     Hen-roosts  were  despoiled 
and  clothes-lines  stripped  of  gracefully  pendent  garments.     Anything  and 
everything   of   value   began   to   disappear   in   a    mysterious   manner.      The 
people  began  to  suspect,  and  to   'go  for'  the  strangers,  who  were  strongly 
urged  to  emigrate.     The  touching  recollections  connected  with  this  gang  led 
the  citizens  always  after  to  speak  of  them  as  the  Forty  Thieves.    Coos  Bay 
Settlement,  10, 11. 


334  LEGISLATION,  MINING,  AND  SETTLEMENT. 

from  three  to  five  vessels  loading  at  a  time  with  lum 
ber  and  coal,  since  which  period  coal-mining,  lumber 
ing,  and  ship-building  have  been  carried  on  at  this 
point  without  interruption.  Railroads  were  early 
projected,  and  many  who  first  engaged  in  the  devel 
opment  of  coal  mines  became  wealthy,  and  resided 
here  till  their  death,31 

Some  also  were  unfortunate,  one  of  the  share 
holders,  Henry  A.  Stark,  being  drowned  in  the  spring 
of  1854,  while  attempting  with  five  others  to  go  out 
in  a  small  boat  to  some  vessels  lying  off  the  bar.32 
Several  of  the  Umpqua  company,  after  the  failure  of 
that  enterprise,  settled  at  Coos  Bay,  prominent  among 
whom  was  S.  S.  Mann,  author  of  a  pamphlet  on  the 
early  settlement  of  that  region,  embellished  with  an 
ecdotes  of  the  pioneers,  which  will  be  of  interest  to 
their  descendants.33 

Any  new  discovery  stimulated  the  competitive 
spirit  of  search  in  other  directions.  Siuslaw  River 
was  explored  with  a  view  to  determining  whether  the 

31  P.  Flanagan  was  one  of  the  earliest  of  the  early  settlers.     At  Randolph 
his  pack-train  and  store  were  the  pioneers  of  trade.     Then  at  Johnson's  and 
on  The  Sixes  in  a  similar  way.     Later,  he  became  associated  in  the  partner 
ship  of  the  Newport  coal  mine,  where  his  skill  and  experience  added  largely 
to  its  success. 

32  Stark  was  a  native  of  New  York,  emigrated  to  Cal.  in  1849,  thence  to 
Or.  in  1850.     He  was  a  land  claimant  for  the  company  at  Coos  Bay,  as  well 
as  a  shareholder.     John  Dnhy,  a  native  of  New  York,  emigrated  to  the  S.  1. 
in  1840,  thence  to  Cal.  in  1848,  going  to  Yreka  in  1851,  and  thence  to  Coos 
Bay  at  its  settlement  in  1853.     John  Robertson  was  a  native  of  Nova  Scotia, 
and  a  sailor.     John  Winters  was  born  in  Penn.,  and  came  to  Or.  through 
Cal.     Alvin  Brooks,  born  in  Vt,  came  to  Or.  in  1851.     John  Mitchell  of  New 
York,  a  sailor,  came  to  Or.  in  1851.   Portland  Oregonian,  March  25,  1854;  S. 
F.  Alta,  March  22,  1854. 

*3Goos  Bay  Settlement,  18.  This  pamphlet  of  25  pages  is  made  up  of 
scraps  of  pioneer  history  written  for  the  Coos  Bay  Mall,  by  S.  S.  Mann,  after 
ward  republished  in  this  form  by  the  Mail  publishers.  Mann,  being  one  of 
the  earliest  of  the  pioneers,  was  enabled  to  give  correct  information,  and  to 
his  writings  and  correspondence  I  am  much  indebted  for  the  facts  here  set 
down.  Mann  mentions  the  names  of  T.  D.  Winchester,  H.  H.  Luse,  A.  M. 
Simpson,  John  Pershbaker,  James  Aiken,  Dr  Foley,  Curtis  Noble,  A.  J. 
Davis,  P.  Flanagan,  Amos  and  Anson  Rogers,  H.  P.  Whitney,  W.  D.  L.  F. 
Smith,  David  Holland,  I.  Hacker,  R.  F.  Ross,  Yokam,  Landreth,  Hodson, 
Collver,  Bogue,  Miller,  McKnight,  Dry  den,  Hirst,  Kenyon,  Nasburg,  Coon, 
Morse,  Cammann,  Buckhorn,  and  De  Cussans,  not  already  mentioned 
among  the  original  proprietors  of  the  Coos  Bay  Company;  and  also  the  names 
of  Perry,  Leghnherr,  Rowell,  Dement,  Harris,  Schroeder,  Grant,  and  Ham- 
block,  among  the  early  settlers  of  Coquille  Valley. 


ROAD  EXPLORATIONS.  335 

course  of  the  river  was  such  that  a  practicable  com 
munication  could  be  obtained  between  it  and  the 
Umpqua  through  Smith  River,34  a  northern  branch 
of  the  Siuslaw.  The  exploration  was  conducted  by 
N.  Schofield.  The  object  of  the  opening  of  the 
proposed  route  was  to  make  a  road  from  the  Willa 
mette  Valley  to  the  Umpqua,  over  which  the  products 
of  the  valley  might  be  brought  to  Scottsburg,  at  the 
same  time  avoiding  the  most  difficult  portion  of  the 
mountains.  But  nature  had  interposed  so  many  ob 
stacles;  the  streams  were  so  rapid  and  rocky;  the 
mountains  so  rough  and  heavily  timbered;  the  valleys, 
though  rich,  so  narrow,  and  filled  with  tangled  growths 
of  tough  vine-maple  and  other  shrubby  trees,  that 
any  road  from  the  coast  to  the  interior  could  not  but 
be  costly  to  build  and  keep  in  repair.  The  Siuslaw 
exploration,  therefore,  resulted  in  nothing  more  ben 
eficial  than  the  acquisition  of  additional  knowledge  of 
the  resources  of  the  country  in  timber,  water-power, 
and  soil,  all  of  which  were  excellent  in  the  valley  of 
the  Siuslaw. 

Other  explorations  were  at  the  same  time  being 
carried  on.  A  trail  was  opened  across  the  mountains 
from  Rogue  River  Valley  to  Crescent  City,  which 
competed  with  the  Scottsburg  road  for  the  business 
of  the  interior,  and  became  the  route  used  by  the  gov 
ernment  troops  in  getting  from  the  seaboard  to  Fort 
Lane.35  Gold-hunting  was  at  the  same  time  prose 
cuted  in  every  part  of  the  territory  with  varying 
success,  of  which  I  shall  speak  in  another  place.36 

34  This  is  the  stream  where  Jedediah  Smith  had  his  adventure  with  the 
Indians  who  massacred  his  party  in  1828,  as  related  in  my  History  of  the 
Northwest  Coast. 

35  Decides  Hist.  Or.,  MS.,  25. 

36  Mount  Hood,  Indian  name  Wiyeast,  was  ascended  in  August  1854,  for 
the  first  time,  by  a  party  consisting  of  T.  J.  Dryer  of  the  Oreyonian,  G.  0. 
Haller,  Olney,  Wells  Lake,  and  Travillot,  a  French  seaman.    Dryer  ascended 
Mount  St  Helen,  Loowit  Letkla,  the  previous  summer,  and  promised  to  climb 
Mounts  Jefferson,  Phato,  and  the  Three  Sisters  at  some  future  time.     He 
ascertained  the  fact  that  Hood  and  St  Helen  were  expiring  volcanoes,  which 
still  emitted  smoke  and  ashes  from  vents  near  their  summits.   Oregonian, 
Feb.  25  and  Aug.  19,  1854.     The  first  ascent  of  Mount  Jefferson  was  made 
by  P.  Loony,  John  Allphin,  William  Tullbright,  John  Walker,  and  E.  L. 


336  LEGISLATION,  MINING,  AND  SETTLEMENT. 

The  politics  of  1854  turned  mainly  on  the  question 
of  a  state  constitution,  though  the  election  in  June 
revealed  the  fact  that  the  democracy,  while  still  in 
the  ascendant,  were  losing  a  little  ground  to  the  whigs, 
and  chiefly  in  the  southern  portion  of  the  territory. 
Of  the  three  prosecuting  attorneys  elected,  one,  P.  P. 
Prim,37  was  a  whig,  and  was  chosen  in  the  3d  district 
by  a  majority  of  seven  over  the  democratic  candi 
date,  R.  E.  Stratton,33  former  incumbent,  R.  P. 
Boise  was  elected  prosecuting  attorney  for  the  1st 
or  middle  district,  and  N.  Huber  of  the  2d  or  north 
ern  district. 

The  democratic  leaders  were  those  most  in  favor  of 
assuming  state  dignities,  while  the  whigs  held  up  before 
their  following  the  bill  of  cost;  though  none  objected 

Massey,  July  11,  1854,  a  party  prospecting  for  gold  in  the  Cascade  Moun 
tains.  Or.  Statesman,  Aug.  22,  1854.  Mt  Adams  was  called  by  the  Indians 
Klickilat,  and  Mt  Rainier,  Takoma.  Gold-hunting  in  the  Cascade  Mountains, 
passim. 

3 'Payne  P.  Prim  was  born  in  Tenn.  in  1822,  emigrated  to  Or.  in  1851, 
and  went  to  the  mines  in  Rogue  River  Valley  the  following  year.  His  elec 
tion  as  prosecuting  attorney  of  the  southern  district  brought  him  into  notice, 
and  on  the  division  of  the  state  of  Oregon  into  four  judicial  districts,  and  when 
Deady,  chosen  judge  of  the  supreme  court  from  that  district,  was  appointed 
U.  S.  disk  judgo,  the  gov.  appointed  Prim  to  fill  the  vacancy  from  the  1st 
district  for  the  remainder  01  the  term,  to  which  office  he  was  subsequently 
elected,  holding  it  for  many  years.  A  valuable  manuscript,  entitled  Prim's 
Judicial  Anecdotes,  has  furnished  me  very  vivid  reminiscences  of  the  manner 
of  administering  justice  in  the  early  mining  camps,  and  first  organized  courts, 
to  which  I  have  occasion  to  refer  frequently  in  this  work.  See  Popular  Trib 
unals,  passim,  this  series. 

38Riley  E.  Stratton  was  a  native  of  Penn.,  born  in  1821.  He  was  taught 
the  trade  of  a  millwright,  but  afterward  took  a  collegiate  course,  and  grad 
uated  at  Marietta,  Ohio,  with  the  intention  of  becoming  a  minister;  his 
plans  being  changed,  he  studied  law,  and  was  admitted  to  the  bar  in  Madi 
son,  Ind.,  coming  to  Or.  by  way  of  Cape  Horn  in  1852,  his  father,  C.  P. 
Stratton,  emigrating  overland  in  the  same  year.  C.  P.  Stratton  was  born 
in  New  York  Dec.  30,  1799.  He  removed  to  Penn.  in  his  boyhood,  and 
again  to  Ind.  in  1836.  He  had  twelve  children,  of  whom  C.  C.  Stratton  is 
a  minister  of  the  methodist  church,  and  president  of  the  University  of  the 
Pacific  in  California.  He  settled  in  the  Umpqua  Valley,  but  subsequently 
removed  to  Salem,  where  he  died  Feb.  26,  1873.  Riley  E.  Stratton  settled 
at  Scottsburg.  He  was  elected  prosecuting  attorney  of  the  southern  district 
by  the  legislative  assembly  in  1833-4;  but  beaten  by  Prim  at  the  election  by 
the  people,  as  stated  above.  When  Oregon  became  a  state  he  was  elected 
judge  of  the  2d  judicial  district,  and  reflected  in  1864.  He  married  Sarah 
Dearborn  in  Madison,  Indiana.  He  lef  b  the  democratic  party  to  support  the 
union  on  the  breaking-out  of  the  rebellion.  11^  was  an  affable,  honorable, 
an  1  popuLr  man.  His  death  occurred  in  Dec.  1866.  Eurjcne  State  Journal, 
Dec.  29,  I860;  O/.  Reports,  vol.  ii.  195-1);  Dcadyx  Scrap  Book,  77,  170. 


HARD  TIMES.  337 

to  securing  the  500,000  acres  of  land,  which  on  the 
day  of  Oregon's  admission  as  a  state  would  be  hers, 
to  be  applied  to  internal  improvements,39  and  other 
grants  which  might  reasonably  be  expected,  and 
which  might  amount  to  millions  of  acres  with  which 
to  build  railroads  and  improve  navigation. 

Judge  Pratt,  thinking  he  would  like  a  seat  in  the 
United  States  senate,  advocated  state  admission,  and 
to  assist  himself  started  in  Portland,  in  connection 
with  Alonzo  Leland,  a  political  sheet  called  the  Demo 
cratic  Standard,  which  served  to  provoke  the  ridicule 
of  the  Statesman;  while  the  Oregonian  denounced  the 
editors  and  their  object  in  the  severest  terms.  The 
Statesman,  as  usual,  carried  its  points  so  far  as  electing 
its  candidates,  except  in  a  few  instances,  against  the 
whigs,  and  also  against  the  prohibitionists,  or  Maine- 
law  party.40  But  the  majority  against  a  state  con 
stitution  was  about  one  hundred  and  fifty,  a  majority 
so  small,  however,  as  to  show  that,  as  the  democrats 
had  intimated,  it  would  be  reduced  to  nothing  by  a 
year  or  two  more  of  effort  in  that  direction. 

In  the  spring  of  1854  there  were  complaints  of 
hard  times  in  Oregon,  which  were  to  be  accounted  for 
partly  by  the  Indian  disturbances,  but  chiefly  by 
reason  of  neglect  of  the  farming  interests  and  a  fall- 
ing-oif  in  the  yield  of  the  mines.  The  great  reaction 
was  at  hand  throughout  the  coast.  Business  was 
prostrated  in  California,  and  Oregon  felt  it,  just  as 
Oregon  had  felt  California's  first  flush  on  finding  gold. 
To  counteract  the  evil,  agricultural  societies  began 
to  be  formed  in  the  older  counties.*1  The  lumbering 
interest  had  greatly  declined  also,  after  the  erection 

39  See  the  8th  section  of  an  act  of  congress  in  relation  thereto,  passed  in  1841. 

40  The  Maine-law  candidates  for  seats  in  the  legislature  were  Elisha  Strong 
and  0.  Jacobs  of  Marion;  S.  Nelson,  P.  H.  Hatch,  E.  D.  Shattuck  of  Clacka- 
mas;  D.  W.  Ballard  of  Linn;  Ladd  and  Gilliam  of  Polk;  J.  H.  D.  Henderson 
and  G.  W.  Burnett  of  Yamhill. 

41  The  constitution  of  the  Yamhill  Agricultural  Society,  F.  Martin,  presi 
dent,  A.  S.  Watt,  secretary,  was  published  July  25,  1854,  in  the  Or.  States 
man. 

HIST.  OB.,  VOL.  II.    22 


338  LEGISLATION,  MINING,  AND  SETTLEMENT. 

of  mills  in  California,  and  lumber  and  flour  being  no 
longer  so  much  sought  after,  caused  a  sensible  lessen 
ing  of  the  income  of  Oregon.  But  the  people  of 
Oregon  well  knew  that  their  immense  agricultural 
resources  would  bring  them  out  of  all  their  troubles 
if  they  would  only  apply  themselves  in  the  right  di 
rection  and  in  the  right  way. 

The  counties  which  led  in  this  industrial  revival 
were  Washington,  Yamhill,  Marion,  and  Polk.  The 
first  county  fair  held  was  in  Yamhill  on  the  7th  of 
October,  1854,  followed  by  Marion  on  the  llth,  and 
Polk  on  the  12th.  The  exhibit  of  horses,  cattle, 
and  fruit  was  fairly  good,  of  sheep,  grain,  and  domes 
tic  manufactures  almost  nothing;42  but  it  was  a  begin 
ning  from  which  steadily  grew  a  stronger  competitive 
interest  in  farm  affairs,  until  in  1861  a  state  agricul 
tural  society  was  formed,  whose  annual  meeting  is  the 
principal  event  of  each  year  in  farming  districts.43 

The  first  step  toward  manufacturing  woollen  fabrics 
was  also  taken  in  1854,  when  a  carding  machine  was 
erected  at  Albany  by  E.  L.  Perham  &  Co.  Farmers 
who  had  neglected  sheep-raising  now  purchased  sheep 
of  the  Hudson's  Bay  Company.44  Early  in  the  spring 
of  1855  Barber  and  Thorpe  of  Polk  county  erected 
machinery  for  spinning,  weaving,  dying,  and  dressing 
woollen  cloths.45  In  1856  a  company  was  organized 
at  Salem  to  erect  a  woollen-mill  at  that  place,  the  first 
important  woollen  manufactory  on  the  Pacific  coast. 
It  was  followed  by  the  large  establishment  at  Oregon 
City  and  several  smaller  ones  in  the  course  of  a  few 
years.46 

42  Or.  Statesman,  Oct.  17,  1854.     Mrs  R.  C.  Geer  entered  two  skeins  of 
yarn,  the  first  exhibited  and  probably  the  first  made  in  Oregon.     The  address 
was  delivered  to  the  Marion  county  society,  which  met  at  Salem,  by  Mr 
Woodsides.     L.  F.  Grover,  in  his  Pub.  Life  in  Or.,  MS.,  says  he  delivered 
the  first  Marion  county  address,  but  he  is  mistaken.     He  followed  in  1855. 

43  Brown's  Salem  Directory,  1871,  37-77. 

44  Or.  StaL,  May  23  and  Oct.  10,  1854;  Tolmie's  Puget  Sound,  MS.,  24. 

45  Or.  Statesman,  March  20,  1855.     R.  A.  Gessner  received  a  premium  in 
1855  from  the  Marion  county  society  for  the  'best  jeans.' 

46  Grover,  Pub.  Life  in  Or.,  MS.,  68-9,  was  one  of  the  first  directors  in  the 
Salem  mill.    See  also  Watt's  First  Things,  MS.,  8-10. 


PROPOSED  TELEGRAPH.  339 

The  first  proposal  to  establish  a  telegraph  line  be 
tween  California  and  Oregon  was  made  in  October  of 
1854.  Hitherto,  no  more  rapid  means  of  communi 
cation  had  existed  than  that  afforded  by  express  com 
panies,  of  which  there  were  several.  The  practice  of 
sending  letters  by  express,  which  prevailed  all  over 
the  Pacific  coast  at  this  time,  and  for  many  years 
thereafter,  arose  from  the  absence  or  the  irregu 
larity  in  the  carriage  of  mails  by  the  government. 
As  soon  as  a  mining  camp  was  established,  an  express 
became  necessary;  and  though  the  service  was  at 
tended  with  many  hardships  and  no  small  amount  of 
danger,  there  were  always  to  be  found  men  who  were 
eager  to  engage  in  it  for  the  sake  of  the  gains,  which 
were  great.47  The  business  of  the  country  did  not 
require  telegraphic  correspondence,  and  its  growth 
was  delayed  for  almost  another  decade.48 

47  The  first  express  company  operating  in  Oregon  was  Todd  &  Co.,  fol 
lowed  very  soon  by  Gregory  &  Co.,  both  beginning  in  1851.     Todd  &  Co.  sold 
out  to  Newell  &  Co.  in  1852.     The  same  year  Dugan  &  Co.,  a  branch  of 
Adams  &  Co.,  began  running  in  Oregon;  also  T' Vault's  Oregon  and  Shasta 
express,  and  McClaine  &  Co.  's  Oregon  and  Shasta  express.     In  the  latter  part 
of  1852  Adams  &  Co.  began  business  in  Oregon;  but  about  the  beginning  of 
1853,  with  other  companies,  retired  and  left  the  field  to  Wells,  Fargo  &  Co., 
improved  mail  communication  gradually  rendering  the  services  of  the  com 
panies,  except  for  the  carrying  of  treasure  and  other  packages,  superfluous. 
The  price  fell  from  fifty  cents  on  a  letter  in  a  gradually  declining  scale  to  ten 
cents,  where  it  remained  for  many  years,  and  at  last  to  five  cents;  and  pack 
ages  to  some  extent  in  proportion.     Besides  the  regular  companies,  from  1849 
to  1852  there  were  many  private  express  riders  who  picked  up  considerable 
money  in  the  mountain  camps. 

48  Charles  F.  Johnson,  an  agent  of  the  Alta  California  Telegraph  Company, 
first  agitated  the  subject  of  a  telegraph  line  to  connect  Portland  with  the 
cities  of  California,  and  so  far  succeeded  as  to  have  organized  a  company  to 
construct  such  a  line  from  Portland  to  Corvallis,  which  was  to  be  extended 
in  time  to  meet  one  from  Marysville,  California,  to  Yreka  on  the  border. 
The  Oregon  line  was  to  run  to  Oregon  City,  Lafayette,  Dayton,  Salem,  and 
Corvallis.     It  was  finished  to  Oregon  City  Nov.  15,  1855,  the  first  message 
being  sent  over  the  wires  on  the  16th,  and  the  line  reached  Salem  by  Sept. 
1856,  but  it  was  of  so  little  use  that  it  was  never  completed  nor  kept  in  re 
pair.     Neither  the  interests  of  the  people  nor  their  habits  made  it  requisite. 
In  1868  the  California  company  had  completed  their  line  to  Yreka,  for  which 
during  the  period  of  the  civil  war,  the  Oregonians  had  reason  to  be  thankful, 

-  and  having  taken  some  long  strides  in  progress  during  the  half-dozen  years 
between  1855  and  1861,  they  eagerly  subscribed  to  build  a  line  to  Yreka  from 
Portland,  on  being  solicited  by  J.  E.  Strong,  former  president  of  the  same 
company.  Of  the  Oregon  company,  W.  S,  Ladd  was  elected  president;  S. 
G.  Reed,  secretary;  H.  W.  Corbett,  treasurer;  John  McCracken,  superin 
tendent;  W.  S.  Ladd,  D.  F.  Bradford,  A.  G.  Richardson,  C.  N.  Terry,  and 


340  LEGISLATION,  MINING,  AND  SETTLEMENT. 

Steam  navigation  increased  rapidly  in  proportion  to 
other  business,  the  principal  trade  being  confined  to 
the  Willamette  River,  although  about  this  time  there 
began  to  be  some  traffic  on  the  Columbia,  above  as 
well  as  below  the  mouth  of  the  Willamette.49  Ocean 

A.  L.  Lovejoy,  directors.  Strong,  contractor,  owned  considerable  stock  in 
it,  which  he  sold  to  the  California  State  Telegraph  Company  in  1863,  the 
line  being  completed  in  March.  In  1868  a  line  of  telegraph  was  extended  to 
The  Dalles,  and  eastward  to  Boise  City,  by  the  Oregon  Steam  Navigation 
Company,  in  1869.  A  new  line  to  the  east  was  erected  in  1876,  which  was 
extended  to  S.  F.,  and  a  line  to  Astoria  at  the  mouth  of  the  Columbia. 

49 The  Gazelle  was  a  side-wheel  boat  built  for  the  upper  Willamette  in 

1853  by  the  company  which  constructed  the  basin  and  hoisting  works  at 
the  falls,  and  began  to  run  in  March   1854,  but  in  April  exploded  her  boiler 
while  lying  at  her  wharf,  causing  the  most  serious  calamity  which  ever  oc 
curred  on  Oregon  waters.     She  had  on  board  about  50  persons,  22  of  whom 
were  killed  outright  and  many  others  injured,  some  of  whom  died  soon  after. 
Among  the  victims  were  some  of  the  principal  persons  in  the  territory:  Dan 
iel  D.  Page,  superintendent  of  the  company  owning  the  Gazelle,  whose  wife 
and  daughter  were  killed  by  the  explosion  of  the  Jenny  Lind  in  San  Francisco 
Bay  April  11,  1853;  Rev.  James  F.  Miller,  father  of  Mrs  E.   M.  Wilson  of 
The  Dalles;  David  Woodhull,  and  Joseph  Hunt  of  Mi  higan;  Judge  Burch, 
David  Fuller,  C.   Woodworth,  James  White,  Daniel  Lowe,  John  Clemens, 
J.  M.   Fudge,  Blanchet,  Hill,  Morgan,  John  Blaimer,  John  Daly,  John  K. 
Miller,  Michael  Hatch,   Michael  McGee,   Charles  Knaust,   David  McLane, 
Piaut,  and  an  unknown  Spanish  youth.    Or,  Statesman,  April  18,  1854;  Arm 
strong's  Or.,  14;  Browns  Salem  Directory,    1871,  35.     Among  the  wounded 
were   Mrs   Miller,  Charles  Gardiner,  son   of   the  surveyor-general,   Robert 
Pentland,  Miss  Pell,  C.   Dobbins,  Robert  Shortess,  B.   F.  Newby,  Captain 
Hereford  of  the  Gazelle,  John  Boyd,  mate,  and  James  Partlow,  pilot.     The 
chief  engineer,  Tonie,  who  was  charged  with  the  responsibility  of  the  accident, 
escaped  and  fled   the  territory.    Portland  Oregonian,  Jan.   29,  1870.     The 
Oregon,  another  of  the  company's  boats,  was  sunk  and  lost  the  same  season. 
The  wreck  of  the  Gazelle  was  run  over  the  falls,  after  being  sold  to  Murray, 
Hoyt,  and  Wells,  who  refitted  her  and  named  her  the  Senorita,  after  which 
she  was  employed  to  carry  troops,  horses,  and  army  stores  from  Portland  to 
Vancouver  and  the  Cascades.     In  1857  the  machinery  of  this  boat  was  put 
into  the  new  steamer  Hassaloe,  while  the  Senorita,  was  provided  with  a  more 
powerful  engine,  and  commanded  by  L.  Hoyt,  brother  of  Richard  Hoyt.     In 

1854  the  pioneer  steamboat  men  of  the  upper  Willamette,  captains  A.  F. 
Hedges  and  Charles  Bennett,  sold  their  entire  interests  and  retired  from  the 
river. 

In  1855  a  new  class  of  steamboats  was  put  upon  the  Willamette  above  the 
falls,  stern- wheels  being  introduced,  which  soon  displaced  the  side-wheel  boats. 
This  change  was  effected  by  Archibald  Jamieson,  A.  S.  Murray,  Amory  Hoi- 
brook,  and  John  Torrence,  who  formed  a  company  and  built  the  Enterprise,  a 
small  stern- wheel  boat  commanded  by  Jamieson.  This  boat  ran  for  3  years 
on  the  Willamette,  and  was  sold  during  the  mining  rush  of  1858,  taken  over 
the  falls  and  to  Fraser  River  by  Thomas  Wright.  She  finished  her  career  on 
the  Chehalis  River.  Her  first  captain,  Jameison,  was  one  of  a  family  of 
five  steamboat  men,  who  were  doomed  to  death  by  a  fatality  sad  and  re 
markable.  Arthur  Jamieson  was  in  command  of  the  steamer  Portland, 
which  was  carried  over  the  falls  of  the  Willamette  in  March  1857;  another 
brother  died  of  a  quick  consumption  from  a  cold  contracted  on  the  river;  an 
other  by  the  explosion  of  the  steamer  Yale  on  the  Fraser  River;  and  finally 
Archibald  and  another  brother  by  the  blowing  up  of  the  Cariboo  at  Victoria. 

Another  company,  consisting  of  captains  Cochrane,  Gibson,  and  Cassady, 


INLAND  NAVIGATION.  341 

navigation,  too,  was  increasing,  but  not  without  its 
drawbacks  and  losses.50  In  the  midst  of  all,  the  young 
and  vigorous  community  grew  daily  stronger,  and  more 
able  to  bear  the  misfortunes  incident  to  rapid  progress. 
In  July  1854  there  was  a  raid  in  Rogue  River 
Valley  by  the  Shastas;  unattended,  however,  by  seri- 

formed  in  1856,  built  the  James  Clinton  and  Surprise,  two  fine  stern-wheel 
boats.  In  1857  the  Elk  was  built  for  the  Yamhill  River  trade  by  Switzler, 
Moore,  and  Marshall;  and  in  1858  the  first  owners  of  the  Enterprise  built 
the  Onward,  the  largest  steamboat  at  that  time  on  the  upper  river. 

In  1860  another  company  was  incorporated,  under  the  name  of  People's 
Transportation  Company,  composed  of  A.  A.  McCully,  S.  T.  Church,  E.  N. 
Cook,  D.  W.  Burnside,  and  captains  John  Cochrane,  George  A.  Pease,  Joseph 
Kellogg,  and  E.  W.  Baughman,  which  controlled  the  Willamette  River  trade 
till  1871.  This  company  built  the  Dayton,  Reliance,  Echo,  E.  D.  Baker,  Iris, 
A.bany,  Shoo  Fly,  Fannie  Patton,  and  Alice,  and  owned  the  Rival,  Senator, 
Alert,  and  Active.  It  ran  its  boats  on  the  Columbia  as  well  as  the  Willamette 
until  1863,  when  a  compromise  was  made  with  the  Oregon  Steam  Navigation 
Company,  then  in  existence,  to  confine  its  trade  to  the  Willamette  River 
above  Portland.  In  1865  this  company  expended  $100,000  in  building  a  dam 
and  basin  above  the  falls,  which  enabled  them  to  do  away  with  a  portage, 
by  simply  transferring  passengers  and  freight  from  one  boat  to  another 
through  a  warehouse  at  the  lower  end  of  the  basin.  The  P.  T.  Co.  sold  out 
in  1871  to  Ben  Holladay,  having  made  handsome  fortunes  in  11  years  for  all 
its  principal  members.  In  the  next  two  years  .the  canal  and  locks  were  built 
around  the  west  side  of  the  falls  at  Oregon  City,  but  the  P.  T.  Co.  under 
Holladay's  management  refused  to  use  them,  and  continued  to  reship  at  Ore 
gon  City.  This  led  to  the  formation  of  the  Willamette  Locks  and  Transpor 
tation  Company,  composed  of  Joseph  Teal,  B.  Goldsmith,  Frank  T.  Dodge, 
and  others,  who  commenced  opposition  in  1873,  and  pressed  the  P.  T.  Co.  so 
hard  that  Holladay  sold  out  to  the  Oregon  Nav.  Co. ,  which  thus  was  enabled  to 
resume  operations  on  the  Willamette  above  Portland,  with  the  boats  pur 
chased  and  others  which  were  built,  and  became  a  powerful  competitor  for 
the  trade.  The  Locks  and  Transportation  Co.  built  the  Willamette  Chief  ex 
pressly  to  outrun  the  boats  of  the  P.  T.  Co.,  but  found  it  ruinous  work;  and 
in  1876  a  consolidation  was  effected,  under  the  name  of  Willamette  Trans 
portation  and  Locks  Company,  capital  $1,000,000.  Its  property  consisted 
of  the  locks  at  Oregon  City,  the  water  front  at  Astoria  belonging  formerly  to 
the  O.  S.  N.  Co.,  and  the  Farmers'  warehouse  at  that  place,  and  the  steam 
boats  Willamette  Chief,  Gov.  Grover,  Beaver,  Annie  Stewart,  Orient,  Occi 
dent,  with  the  barges  Autocrat,  Columbia,  and  Columbia's  Chief.  This  secured 
complete  monopoly  by  doing  away  with  competition  on  either  river,  fcxcept 
from  independent  lines.  Salem  Will.  Farmer,  Jan.  7,  1876;  Adams'  Or., 
37-8. 

50  The  steam-tug  Fire-Fly  was  lost  by  springing  aleak  on  the  bar  in  Feb. 
1854.  Thomas  Hawks,  captain,  L.  H.  Swaney,  Van  Dyke,  Wisenthral,  and 
other  persons  unknown  were  drowned.  At  the  close  of  the  year  the  steam 
ship  Southerner,  Capt.  F.  A.  Sampson,  was  wrecked  on  the  Washington 
coast.  The  steamer  America,  bound  to  Oregon  and  Washington  ports,  was 
burned  in  the  harbor  of  Crescent  City  the  following  summer. 

The  steamships  engaged  in  the  carrying  trade  to  Oregon  from  1850  to 
1855  were  the  Carolina,  which  I  think  made  but  one  trip,  the  Seagull,  Pan 
ama,  Oregon,  Gold  Hunter,  Columbia,  Quickstep,  General  Warren,  Fremont, 
America,  Pei/tonia,  Southerner,  and  Republic.  Three  of  these  had  been 
wrecked,  the  Seagull,  General  Warren,  and  Southerner,  in  as  many  years. 
Others  survived  unexpectedly. 


342  LEGISLATION,  MINING,  AND  SETTLEMENT. 

ous  damage.  The  treaty  Indians  of  Rogue  River 
sickened  in  the  reservation,  and  the  agent  permitted 
them  to  roam  a  little  in  search  of  health.  Some  of 
them  being  shot  by  white  men,  their  chiefs  demanded 
that  the  murderers  be  brought  to  justice,  as  had  been 
promised  them,  but  it  was  not  done.  Few  of  such 
cases  ever  came  into  the  courts,51  and  it  was  as  rare 
an  occurrence  for  an  Indian  to  be  tried  by  process 
of  law.52 

50  great  had  been  their  wrongs  during  the  past 
five  years,  so   unbearable  the  outrages  of  the  white 
race,    that    desperation    seized    the    savages    of    the 
Klamath,  Scott,  and  Shasta  valleys,  who  now  took 
the  war-path  toward  the  country  of  the  Modocs,  to 
join  with  them  in  a  general  butchery  of  immigrants 
and  settlers. 

In  the  absence  of  a  regular  military  force,  that  at 
Fort  Jones,  consisting  of  only  seventy  men,  wholly 
insufficient  to  guard  two  hundred  miles  of  immigrant 
road,  the  governor  was  requested  to  call  into  service 
volunteers,  which  was  done.  Governor  Davis  also 
wrote  to  General  Wool  for  troops.  Meanwhile  a 
company  was  sent  out  under  Jesse  Walker,  who  kept 
the  savages  at  bay,  and  on  its  return  received  the 
commendations  of  Governor  Curry,  Davis  having  in 
the  mean  time  resigned. 

This  expedition  was  used  by  the  dominant  party 
for  many  years  to  browbeat  the  influential  whigs  of 
southern  Oregon.  The  Statesman  facetiously  named 
it  the  "expedition  to  fight  the  emigrants;"  and  in 
plainer  language  denounced  the  quartermaster-gen 
eral  and  others  as  thieves,  because  the  expedition  cost 
forty-five  thousand  dollars.53 

51  In  Judge  Deady's  court  the  following  year  a  white  man  was  convicted 
of  manslaughter  of  an  Indian,  and  was  sentenced  to  two  years  in  the  peni 
tentiary.  Or.  Statesman,  June  2,  1855. 

52  The  slayers  of  Edward  Wills  and  Kyle,  and  those  chastised  by  Major 
Kearney  in  1851,  are  the  only  Indians  ever  punished  for  crime  by  either  civil 
or  military  authorities  in  southern  Oregon.   U.  8.  H.  Misc.  Doc.  47,  58,  35th 
cong.  2d  sess. 

53  Grasshoppers  had  destroyed  vegetation  almost  entirely  in  the  southern 
valleys  this  year,  which  led  to  a  great  expense  for  forage. 


INDIAN  DISTURBANCES.  343 

Drew  in  his  report  seemed  to  apologize  for  the 
great  cost,  and  pointed  out  that  the  prices  were  not 
so  high  as  in  1853,  and  that  many  expenses  then  in 
curred  had  been  avoided;  but  he  could  not  prevent 
the  turning  into  political  capital  of  so  large  a  claim 
against  the  government,  though  it  was  the  merchants 
of  Yreka  and  not  of  Jacksonville  who  overcharged, 
if  overcharging  there  was.54  The  attacks  made  on 
the  whigs  of  southern  Oregon  led  to  the  accumula 
tion  of  a  mass  of  evidence  as  to  prices,  and  to  years 
of  delay  in  the  settlement  of  accounts.  On  the  side 
of  the  democrats  in  this  struggle  was  General  Wool, 
then  in  command  of  the  division  of  the  Pacific,  who 
wrote  to  Adjutant-general  Thomas  at  New  York 
that  the  governor  of  Oregon  had  mustered  into  ser 
vice  a  company  of  volunteers,  but  that  Captain  Smith 
was  of  opinion  that  they  were  not  needed,  and  that 
it  was  done  on  the  representations  of  speculators  who 
were  expecting  to  be  benefited  by  furnishing  sup 
plies.55 

There  was  a  massacre  of  immigrants  near  Fort 
Boisd  in  August,  that  caused  much  excitement  on 
the  Willamette.  The  party  was  known  as  Ward's 
train,  being  led  by  Alexander  Ward  of  Kentucky, 
and  consisting  of  twenty-one  persons,  most  of  whom 
were  slain.56  Not  only  was  the  outrage  one  that 
could  not  be  overlooked,  or  adequately  punished  by 
civil  or  military  courts,  but  it  was  cause  for  alarm 
such  as  was  expressed  in  the  report  of  Quartermaster 
Drew,  that  a  general  Indian  war  was  about  to  be  pre 
cipitated  upon  the  country,  an  apprehension  strength 
ened  by  reports  from  many  sources. 

In  order  to  make  plain  all  that  followed  the  events 
recorded  in  this  chapter,  it  is  necessary  to  revert  to 

54 The  merchants  and  traders  of  Jacksonville,  who  were  unable  to  furnish 
the  necessary  supplies,  which  were  drawn  from  Yreka,  testified  as  to  prices. 
U.  S.  H.  Mi*c.  Doc.  47,  32-5,  35th  cong.  2d  sess. 

5;>  Message  of  President  Pierce,  with  correspondence  of  General  Wool,  in 
U.  ti.  Sen.  Ex.  Doc.  16,  33d  cong.  2d  sess. 

56  For  particulars  see  California  Inter  Pocula,  this  series,  passim. 


344  LEGISLATION,  MINING,  AND  SETTLEMENT. 

statements  contained  in  tho  correspondence  of  the  war 
department.  That  which  most  concerned  this  par 
ticular  period  is  contained  in  a  document  transmitted 
to  the  senate,  at  the  request  of  that  body,  by  Presi 
dent  Pierce,  at  the  second  session  of  the  thirty-third 
congress.  In  this  document  is  a  communication  of 
General  Wool  to  General  Cooper  at  Washington 
City,  in  which  is  mentioned  the  correspondence  of 
the  former  with  Major  Rains  of  the  4th  infantry, 
in  command  of  Fort  Dalles,  and  of  Major  Alvord, 
U.  S.  paymaster  at  Vancouver,  who  had  each  written 
him  on  the  subject  of  Indian  relations.  As  the  re 
port  of  Rains  has  been  mentioned  in  another  place, 
it  is  not  necessary  to  repeat  it  here.  Colonel  George 
Wright  had  contributed  his  opinion  concerning  the 
" outrages  of  the  lawless  whites"  in  northern  Cali 
fornia,  and  to  strengthen  the  impression,  had  quoted 
from  the  report  of  Indian  Agent  Culver  concerning 
the  conduct  of  a  party  of  miners  on  Illinois  River,  who 
had,  as  he  averred,  wantonly  attacked  an  Indian  en 
campment  and  brutally  murdered  two  Indians  and 
wounded  others.57  The  facts  were  presented  to  Wool, 
and  by  Wool  to  headquarters  at  Washington.  The 
general  wrote,  that  to  prevent  as  far  as  possible  the 
recurrence  of  further  outrages  against  the  Indians, 
he  had  sent  a  detachment  of  about  fifty  men  to  re- 
enforce  Smith  at  Fort  Lane;  but  that  to  keep  the 
peace  and  protect  the  Indians  against  the  white  people, 
the  force  in  California  and  Oregon  must  be  increased. 
This  letter  was  written  in  March  1854. 

On  the  31st  of  March,  Wool  again  wrote  General 
Scott,  at  New  York,  that  the  difficulty  of  preserving 

57  U.  S.  Sen.  Ex.  Doc.  16,  14-15,  33d  cong.  2d  sess.  Lieut  J.  C.  Bonny- 
castle,  commanding  Fort  Jones,  in  relating  the  attack  on  some  of  the  Shastaa 
whom  he  \\  as  endeavoring  to  protect,  and  whom  Captain  Goodall  was  escort 
ing  to  Scott's  Valley  to  place  in  his  hands,  says:  'Most  of  the  Indians  hav 
ing  escaped  into  the  adjacent  chapparal,  where  they  lay  concealed,  the  whites 
began  a  search  for  them,  during  which  an  Indian  from  behind  his  bush  for 
tunately  shot  and  killed  a  white  man  named  McKaney. '  In  the  same  report 
he  gives  the  names  of  the  men  who  had  fired  on  the  Indians,  the  list  not  in 
cluding  the  name  of  McKaney.  U.  S.  Sen.  Ex.  Doc.  16,  p.  81,  33d  cong.  2d 
Bess.;  U.  S.  II .  Ex.  Doc.  1,  446-60,  vol.  i.  pt  i.,  33d  cong.  2d  sess. 


ATTITUDE  OF  THE  ARMY.  345 

peace,  owing  to  the  increase  of  immigration  and  the 
encroachments  of  the  white  people  upon  the  Indians, 
which  deprived  them  of  their  improvements,  was  con 
tinually  increasing.  There  were,  he  said,  less  than  a 
thousand  men  to  guard  California,  Oregon,  Washing 
ton,  and  Utah,  and  more  were  wanted.  The  request 
was  referred  by  Scott  to  the  secretary  of  war,  and 
refused. 

In  May,  Wool  sent  Inspector-general  J.  K.  F. 
Mansfield  to  make  a  tour  of  the  Pacific  department, 
and  see  if  the  posts  established  there  should  be  made 
permanent;  but  expressed  the  opinion  that  ythose  in 
northern  California  could  be  dispensed  with,  not 
withstanding  that  the  commanders  of  forts  Reading 
and  Jones  were  every  few  weeks  sending  reports 
filled  with  accounts  of  collisions  between  the  white 
population  and  the  Indians. 

At  this  point  I  observe  certain  anomalies.  Congress 
had  invited  settlers  to  the  Pacific  coast  for  political 
reasons.  These  settlers  had  been  promised  protection 
from  the  savages.  That  protection  had  never  to 
any  practical  extent  been  rendered;  but  gradually 
the  usual  race  conflict  had  begun  and  strengthened 
until  it  assumed  alarming  proportions.  The  few 
officers  of  the  military  department  of  the  govern 
ment,  sent  here  ostensibly  to  protect  its  citizens,  had 
found  it  necessary  to  devote  themselves  to  protecting 
the  Indians.  Over  and  over  they  asserted  that  the 
white  men  were  alone  to  blame  for  the  disturbances. 

Writing  to  the  head  of  the  department  at  New 
York,  General  Wool  said  that  the  emigration  to  Cal 
ifornia  and  Oregon  would  soon  render  unnecessary  a 
number  of  posts  which  had  been  established  at  a  great 
expense,  and  that  if  it  were  left  to  his  discretion,  he 
should  abolish  forts  Reading  and  Miller  in  California, 
and  establish  a  temporary  post  in  the  Pit  River  coun 
try;  also  break  up  one  or  two  posts  in  northern  Cali 
fornia  and  Oregon,  which  could  only  mean  forts  Jones 
and  Lane,  and  establish  another  on  Puget  Sound, 


346  LEGISLATION,  MINING,  AND  SETTLEMENT. 

and,  if  possible,  one  in  the  Boise  country ;  though  his 
preference  would  be  given  to  a  company  of  dragoons 
to  traverse  the  Snake  River  country  in  the  summer 
and  return  to  The  Dalles  in  the  winter. 

Governor  Curry,  on  learning  that  the  expedition 
under  Haller  had  accomplished  nothing,  and  that  the 
whole  command  numbered  only  sixty  men,  and  think 
ing  it  too  small  to  accomplish  anything  in  the  Snake 
River  country  should  the  Indians  combine  to  make 
war  on  the  immigration,  on  the  18th  of  September 
issued  a  proclamation  calling  for  two  companies  of 
volunteers,  of  sixty  men  each,  to  serve  for  six  months, 
unless  sooner  discharged,  and  to  furnish  their  own 
horses,  equipments,  arms,  and  ammunition;  the  com 
panies  to  choose  their  own  officers,  and  report  to  Brig 
adier  General  Nesmith  on  the  25th,  one  company  to 
rendezvous  at  Salem  and  the  other  at  Oregon  City. 

Commissions  were  issued  to  George  K.  Sheil,  as 
sistant  adjutant-general,  John  McCracken,  assistant 
quartermaster-general,  and  Victor  Trevitt,  commissary 
and  quartermaster.  A  request  was  despatched  to 
Vancouver,  to  Bonneville,  to  ask  from  the  United 
States  arms,  ammunition,  and  stores  with  which  to 
supply  the  volunteer  companies,  which  Bonneville  re 
fused,  saying  that  in  his  opinion  a  winter  campaign 
was  neither  necessary  nor  practicable.  Nesmith  be 
ing  of  like  opinion,  the  governor  withdrew  his  call 
for  volunteers. 

When  the  legislative  assembly  convened,  the  gov 
ernor  placed  before  them  all  the  information  he  pos 
sessed  on  Indian  affairs,  whereupon  a  joint  committee 
was  appointed  to  consider  the  question.  Lane  had 
already  been  informed  of  the  occurrences  in  the  Boise 
country,  but  a  resolution  was  adopted  instructing 
the  governor  to  correspond  with  General  Wool  and 
Colonel  Bonneville  in  relation  to  the  means  available 
for  an  expedition  against  the  Shoshones.  The  total 
force  then  in  the  Pacific  department  was  1,200,  dra 
goons,  artillery,  and  infantry;  of  which  nine  compa- 


WAR  FORCES.  347 

nies  of  infantry,  335  strong,  were  stationed  in  Ore 
gon  and  Washington,  and  others  were  under  orders 
for  the  Pacific. 

Governor  Davis  had  written  Wool  of  anticipated 
difficulties  in  the  south;  whereupon  the  latter  in 
structed  Captain  Smith  to  reenfbrce  his  squadron 
with  the  detachment  of  horse  lately  under  command 
of  Colonel  Wright,  and  with  them  to  proceed  to 
Klarnath  Lake  to  render  such  assistance  as  the  immi 
gration  should  require.  About  a  month  later  he  re 
ported  to  General  Thomas  that  he  had  called  Smith's 
attention  to  the  matter,  and  that  he  was  informed  that 
all  necessary  measures  had  been  taken  to  prevent  dis 
turbances  on  the  emigrant  road. 

In  congress  the  passage  of  the  army  bill  failed  this 
year,  though  a  section  was  smuggled  into  the  appro 
priation  bill  adding  two  regiments  of  infantry  and 
two  of  cavalry  to  the  existing  force,  and  authorizing 
the  president,  by  the  consent  of  the  senate,  to  appoint 
one  brigadier  general.  It  was  further  provided  that 
arms  should  be  distributed  to  the  militia  of  the  terri 
tories,  under  regulations  prescribed  by  the  president, 
according  to  the  act  of  1808  arming  the  militia  of 
the  states.  No  special  provision  was  made  for  the 
protection  of  the  north-west  coast,  and  Oregon  was 
left  to  meet  the  impending  conflict  as  best  it  might. 


CHAPTEE  XIV. 

GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

1854-1855. 

RESIGNATION  OF  GOVERNOR  DAVIS — His  SUCCESSOR,  GEORGE  LAW  CTJRRY — 
LEGISLATIVE  PROCEEDINGS — WASTE  OF  CONGRESSIONAL  APPROPRIA 
TIONS — STATE  HOUSE — PENITENTIARY — RELOCATION  OF  THE  CAPITAL 
AND  UNIVERSITY — LEGISLATIVE  AND  CONGRESSIONAL  ACTS  RELAT  VE 
THERETO — MORE  COUNTIES  MADE — FINANCES — TERRITORIAL  CONVEN 
TION — NEWSPAPERS — THE  SLAVERY  SENTIMENT — POLITICS  OF  THE  PE- 
EJOD — WHIGS,  DEMOCRATS,  AND  KNOW-NOTHINGS— A  NEW  PARTY — 
INDIAN  AFFAIRS — TREATIES  EAST  OF  THE  CASCADE  MOUNTAINS. 

IN  August  1854  Governor  Davis  resigned.  There 
was  no  fault  to  be  found  with  him,  except  that  he  was 
imported  from  the  east.  In  resigning,  he  gave  as  a 
reason  his  domestic  affairs.  He  was  tendered  a  part 
ing  dinner  at  Salem,  which  was  declined;  and  after  a 
residence  of  eight  months  in  the  territory  he  returned 
to  the  states  with  a  half-declared  intention  of  making 
Oregon  his  home,  but  he  died  soon  after  reaching  the 

O  O 

east.  Although  a  good  man,  and  a  democrat,  he  was 
advised  to  resign,  that  Curry  might  be  appointed 
governor,  which  was  done  in  November  following.1 

Curry  was  the  favorite  of  that  portion  of  the  dem 
ocratic  party  known  as  the  Salem  clique,  and  whose 
organ  was  the  Statesman.  He  followed  the  States- 
mans  lead,  and  it  defended  him  and  his  measures, 
which  were  really  its  own.  He  was  a  partisan  more 
through  necessity  than  choice,  and  in  his  intercourse 
with  the  people  he  was  a  liberal  and  courteous  gentle- 

1  Lane's  Autobiography,  MS.,  59;  Or.  Statesman,  Dec.  12,  1854;  Amer. 
Almanac,  1855-6.  1857-9. 

(348) 


LEGISLATURE  1854-5.  349 

man.  Considering  his  long  acquaintance  with  Oregon 
affairs,  and  his  probity  of  character,  he  was  perhaps 
as  suitable  a  person  for  the  position  as  could  have 
been  found  in  the  party  to  which  he  belonged.2  He 
possessed  the  advantage  of  being  already,  through  his 
secretaryship,  well  acquainted  with  the  duties  of  his 
office,  in  which  he  was  both  faithful  and  industrious. 
Such  was  the  man  who  was  chosen  to  be  governor  of 
Oregon  during  the  remaining  years  of  its  minority, 
and  the  most  trying  period  of  its  existence. 

The  legislature  met  as  usual  the  first  Monday  in 
December,3  with  James  K.  Kelly  president  of  tha  coun 
cil,  and  L.  F.  Cartee,  speaker  of  the  lower  house. 

2  George  Law  Curry,  born  in  Philadelphia,  July  2,  1820,  was  the  son  of 
George  Curry,  who  served  as  captain  of  the  Washington  Blues  in  the  engage 
ment  preceding  the  capture  of  Washington  city  in  the  war  of  1812;  and 
grandson  of  Christopher  Curry,  an  emigrant  from  England  who  settled  in 
Philadelphia,  and  lies  in  the  Christ  Church  burial-ground  of  that  city.  He 
visited  the  republic  of  Colombia  when  a  child,  and  returned  to  the  family 
homestead  near  Harrisburg,  Penn.  His  father  dying  at  the  age  of  11,  he  went 
to  Boston,  where  he  was  apprenticed  to  a  jeweler,  finding  time  for  study  and 
literary  pursuits,  of  which  he  was  fond.  In  1838  he  was  elected  and  served 
two  terms  as  president  of  the  Mechanic  Apprentices'  Library,  upon  whose 
records  may  be  found  many  of  his  addresses  and  poems.  In  1843  he  removed 
to  St  Louis,  and  there  joined  with  Joseph  M.  Field  and  other  theatrical  and 
literary  men  in  publishing  the  Reveille,  emigrating  to  Oregon  in  1846,  after 
which  time  his  history  is  a  part  of  the  history  of  the  territory.  His  private 
life  was  without  reproach,  and  his  habits  those  of  a  man  of  letters.  He  lived 
to  see  Oregon  pass  safely  through  the  trials  of  her  probationary  period  to  be 
a  thriving  state,  and  died  July  28,  1878.  Biography  of  George  L.  Curry,  MS., 
1-3;  Seattle  Pacific  Tribune,  July  31,  1878;  Portland  Standard,  July  13, 
1878;  S.  F.  Post,  July  30,  1878;  Ashland  Tidings,  Aug.  9, 1878;  Salem  States 
man,  Aug.  2,  1878;  Portland  Oregonian,  July  29,  1878. 

3  The  members  elect  of  the  council  were:  J.  C.  Peebles  of  Marion;  J.  K. 
Kelly,  Clackamasand  Wasco;  Dr  Cleveland  of  Jackson;  L.  W.  Phslpsof  Linn; 
Dr  Greer,  Washington  and  Columbia;  J.  M.  Fulkerson,  Polk  an;l  Tillamook; 
John  Richardson,  Yamhill;  A.  L.  Humphrey,  Bentoii  and  Lana;  Levi  Scott, 
Umpqua.  The  lower  house  consisted  of  G.  W.  Coffinbury,  of  Clatsop;  E.  S. 
Tanner,  David  Logan,  D.  H.  Belknap,  Washington;  A.  J.  Hembree,  A.  G. 
Henry,  Yamhill;  H.  N.  V.  Holmes,  Polk  and  Tiilamook;  I.  F.  M.  Butler, 
Polk;  R.  B.  Hinton,  W^ayman  St  Clair,  Benton;  L.  F.  Cartee,  W.  A.  Stark 
weather,  A.  L.  Lovejoy,  Clackamas;  C.  P.  Crandall,  R.  C.  Geer,  N.  Ford, 
Marion;  Luther  Elkins,  Delazon  Smith,  Hugh  Brown,  Linn;  A.  W.  Patterson, 
Jacob  Gillespie,  Lane;  James  F.  Gazley,  Douglas;  Patrick  Dunn,  Alexander 
Mclntire,  Jackson;  O.  Humason,  Wasco;  Robert  J.  Ladd,  Umpqua;  J.  B. 
Condon,  Columbia;  J.  H.  Foster,  Coos,  elected  but  not  present.  Two  other 
names,  Dunn  and  Walker,  appear  in  the  proceedings  and  reports,  but  no  clew 
is  given  to  their  residence.  Or.  Jour.  Council,  1854-5;  Or.  Statesman,  Dec. 
12,  1854.'  The  clerks  of  the  council  were  B.  Genois,  J.  Costello,  and  M.  C. 
Edwards.  Sergeant-at-arms,  J.  K.  Delashmutt;  doorkeeper,  J.  L.  Gwinn. 
The  clerks  of  the  lower  house  were  Victor  Trevitt,  James  Elkins,  S.  M. 
Hammond.  Sergeant-afc-arms,  G.  L.  Russell;  doorkeeper,  Blevins. 


350  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

The  session  was  begun  and  held  in  two  rooms  of  the 
state  house,  which  was  so  far  finished  as  to  be  used 
for  the  meetings  of  the  assembly.  The  principal  busi 
ness,  after  disposing  of  the  Indian  question,  was  con 
cerning  the  public  buildings  and  their  location.  The 
money  for  the  state  house  was  all  expended,  and  the 
commissioners  were  in  debt,  while  the  building  was 
still  unfinished.  The  penitentiary  fund  was  also  nearly 
exhausted,  while  scarcely  six  cells  of  the  prison  were 
finished,4  and  the  contractors  were  bringing  the  gov 
ernment  in  their  debt.  The  university  commissioners 
had  accepted  for  a  site  five  acres  of  land  tendered  by 
Joseph  P.  Friedley  at  Corvallis,  and  had  let  the  con 
tracts  for  building  materials,  but  had  so  far  only  ex 
pended  about  three  thousand  dollars;  while  the  com 
missioners  appointed  to  select,  protect,  sell,  and  control 
the  university  lands  had  made  selections  amounting 
to  18,000  acres,  or  less  than  one  township.  Of  this 
amount  between  3,000  and  4,000  acres  had  been  sold, 
for  which  over  $9,000  had  been  realized.  In  this  case 
there  was  no  indebtedness.  No  action  had  yet  been 
taken  concerning  the  Oregon  City  claim,  which  was 
a  part  of  the  university  land,  but  proceedings  would 
soon  be  begun  to  test  the  validity  of  titles.5  To  meet 
the  expense  of  litigation,  an  act  was  passed  authoriz 
ing  the  employment  of  counsel,  but  with  a  proviso 
that  in  the  event  of  congress  releasing  this  claim  to 

*  The  territorial  prisoners  were  placed  in  charge  of  the  penitentiary  com 
missioners  about  the  beginning  of  1854.  There  were  at  that  time  three  con 
victs,  six  others  being  added  during  the  year.  It  is  shown  by  a  memorial  from 
the  city  of  Portland  that  the  territorial  prisoners  had  been  confined  in  the 
city  prison,  which  they  had  set  on  fire  and  some  escaped.  The  city  claimed 
indemnity  in  $12,000,  recovering  $600.  A  temporary  building  was  then 
erected  by  the  commissioners  for  the  confinement  of  those  who  could  not  be 
employed  on  the  penitentiary  building,  some  of  whom  were  hired  out  to  the 
highest  bidder.  It  was  difficult  to  obtain  keepers  on  account  of  the  low  sal 
ary.  It  was  raised  at  this  session  to  $1,000  per  annum,  with  $600  for  each 
assistant.  G.  D.  R.  Boyd,  the  first  keeper,  received  $716  for  7  months' 
service. 

5  A  memorial  had  been  addressed  to  congress  by  Anderson  of  the  legisla 
ture  of  1852-3,  praying  that  the  Oregon  City  claim  might  be  released  to  Mc- 
Loughlin,  and  a  township  of  land  granted  that  would  not  be  subject  to  liti 
gation.  Whether  it  was  forwarded  is  uncertain;  but  if  so,  it  produced  no 
effect. 


THE  CAPITAL  QUESTION.  351 

McLoughlin,  the  money  obtained  from  the  sale  of 
lots  should  be  refunded  out  of  the  sale  of  the  second 
township  granted  by  congress  for  university  purposes 
in  the  last  amendment  to  the  land  law  of  Oregon.6 
Such  was  the  condition  of  the  several  appropriations 
for  the  benefit  of  the  territory,  at  the  beginning  of 
the  session. 

And  now  began  bargaining.  Further  appropria 
tions  must  be  obtained  for  the  public  buildings.  Cor- 
vallis  desired  the  capital,  and  the  future  appropria 
tions.  At  the  same  time  the  members  from  southern 
Oregon  felt  that  their  portion  of  the  state  was  entitled 
to  a  share  in  the  distribution  of  the  public  money. 
An  act  was  passed  relocating  the  seat  of  government 
at  Corvallis,  and  removing  the  university  to  Jackson 
ville.7  It  was  not  even  pretended  that  the  money 
to  be  spent  at  Jacksonville  would  benefit  those  it  was 
intended  to  educate,  but  only  that  it  would  benefit 
Jackson  county.8 

The  act  which  gave  Corvallis  the  capital  ordained 
that  "every  session  of  the  legislative  assembly,  either 
general  or  special,"  should  be  convened  at  that  place, 
and  appointed  a  new  board  of  commissioners  to  erect 
suitable  public  buildings  at  the  new  seat  of  govern 
ment.9  Congress  made  a  further  appropriation  of 
$27,000  for  the  state  house,  and  $40,000  for  the  peni 
tentiary,  to  be  expended  in  such  a  manner  as  to  in 
sure  completion  without  further  aid  from  the  United 
States.10  Then  it  began  to  be  understood  that  the  re 
location  act,  not  having  been  submitted  to  congress  as 
required  by  the  organic  act,  was  not  operative,  and 

6  This  is  an  allusion  to  a  memorial  similar  to  Anderson's  passed  at  the 
previous  session. 

7  Or.  Laws,  in  Statesman,  Feb.  6  and  13,  1855. 

8  In  the  bargain  between  Avery  and  the  Jackson  county  member,  said  the 
Statesman,  the  latter  remarked  that  he  'did  not  expect  it  [the  university]  to 
remain  there,  but  there  would  be  about  $12,000  they  could  expend  before  it 
could  be  removed,  which  would  put  up  a  building  that  would  answer  for  a 
court-house. ' 

9  B.  R.  Biddle,  J.  S.  Mcltuney,  and  Fred.  Waymire  constituted  the  new 
board.  Or.  Statesman,  Feb.  6,  1855. 

10  Cong.  Globe,  1854-5,  app.  380,  33d  cong.  2d 


352  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

that  the  seat  of  government  was  not  removed  from 
Salem  to  Corvallis  by  that  act,  nor  would  it  be  until 
such  times  as  congress  should  take  action.  Nor  could 
the  governor  pay  out  any  part  of  the  appropriation 
under  instructions  from  the  legislature,  except  under 
contracts  already  existing.  The  executive  office,  more 
over,  should  not  be  removed  from  Salem  before  con 
gress  should  have  approved  the  relocation  act.11  So 
said  the  comptroller;  but  the  governor's  office  was 
already  removed  to  Corvallis  when  the  comptroller 
reached  this  decision.  The  Statesman,  too,  which  did 
the  public  printing,  had  obeyed  the  legislative  enact 
ment,  and  moved  its  office  to  the  new  seat  of  govern 
ment.12 

When  the  legislature  met  in  the  following  Decem 
ber,  Grover  introduced  a  bill  to  relocate  the  capital 
at  Salem,  which  became  a  law  on  the  12th  of  De 
cember,  1855.  But  this  action  was  modified  by  the 
passage  of  an  act  to  submit  the  question  to  the  people 
at  the  next  election.  Before  this  was  done,  and  per 
haps  in  order  that  it  might  be  done,  the  almost  com 
pleted  state  house,  with  the  library  and  furniture,  was 
destroyed  by  fire,  on  the  night  of  the  30th  of  Decem 
ber,  which  was  the  work  of  an  incendiary.  The 
whigs  charged  it  upon  the  democrats,  and  the  demo 
crats  charged  it  upon  "some  one  interested  in  having 
the  capital  at  Corvallis." 13  However  that  may  have 
been,  it  fixed  the  fate  of  Corvallis  in  this  regard.1* 
Further  than  this,  it  settled  definitely  the  location 
question  by  exhausting  the  patience  of  the  people.15 

11  Or.  Jour.  Council,  1855-6,  app.  12. 

12  Corvallis  had  at  this  time  a  court-house,  two  taverns,  two  doctors,  and 
several  lawyers'  offices,  a  school-house,  the  Statesman  office,  a  steam  saw-mill, 
and  two  churches.     The  methodist  church  was  dedicated  Dec.  16,  1855,  G. 
Hines  officiating.  Or.  Statesman,  Oct.  13  and  Dec.  8,  1855;  Speech  of  Grover, 
in  Id.,  Dec.  18,  1855. 

™Deady's  ffisL  Or.,  MS.,  26;  Grover's  Pub.  Life  in  Or.,  MS.,  51-4;  Or. 
Statesman,  Jan.  29,  1856;  Id.,  July  29  and  Sept.  30,  1856;  Or.  Argus,  Jan. 
5,  1856;  Or.  Jour.  House,  1855-6,  app.  165-70;  Armstrong'*  Or.,  17. 

14  At  the  election  in  June  1856.  the  votes  for  the  capital  between  the  prin 
cipal  towns  stood,  Portland,  1,154;  Salem,  2,049;  Corvallis,  1,998;  Eugene, 
2,316. 

15  At  the  final  election  between  these  places  the  people  refused  to  vote, 


LEGISLATIVE  PROCEEDINGS.  353 

The  legislature  was  reduced  to  the  necessity  of  meet 
ing  in  hired  apartments  for  nearly  twenty  years  before 
the  state  was  able  to  erect  a  suitable  structure. 

The  $40,000  appropriated  to  complete  the  peniten 
tiary  was  expended  on  a  building  which  should  not 
have  cost  one  third  of  the  two  appropriations,  the 
state  a  dozen  years  later  erecting  another  and  better 
one  at  Salem. 

To  return  to  the  legislative  proceedings  of  1854-5. 
Another  partisan  act  of  this  body  was  the  passage  of 
a  bill  in  which  voting  viva  voce  was  substituted  for 
voting  by  ballot — a  blow  aimed  at  anticipated  suc 
cess  of  the  new  party;  and  this  while  the  Statesman 
made  war  on  the  anti -foreign  and  anti-catholic  prin 
ciples  of  the  know-nothings,  forgetting  how  zealously 
opposed  to  foreigners  and  catholics  the  first  great 
democratic  leader  of  Oregon,  S.  R.  Thurston,  had 
been.  Specious  reasons  were  presented  in  debate,  for 
the  adoption  of  the  new  rule,  while  the  Statesman 
openly  threatened  to  deprive  of  public  patronage  all 
who  by  the  viva  voce  system  were  discovered  to  be 
opposed  to  democratic  principles.  In  view  of  the 
coming  election,  the  viva  voce  bill  possessed  much  sig 
nificance.  It  compelled  every  man  to  announce  by 
voice,  or  by  a  ticket  handed  to  the  judge,  his  choice, 
which  in  either  case  was  cried  aloud.  This  surveillance 
was  a  severe  ordeal  for  some  who  were  not  ready 
openly  to  part  company  with  the  democracy,  and 
doubtless  had  the  effect  to  deter  many.  As  a  coer 
cive  measure,  it  was  cunningly  conceived.  Every 
whig  in  the  house  voted  against  it,  and  one  third  of 
the  democrats,  and  in  the  council  the  majority  was 
but  two.  This  bill  also  possessed  peculiar  significance 
in  view  of  the  passage  of  another  requiring  the  people 
to  vote  at  the  next  election  on  the  question  of  a 

being,  as  the  Statesman  said,  'tired  of  the  subject.'  Avery,  who  was  elected 
to  the  legislature  in  1856,  again  endeavored  to  bring  the  subject  before  them, 
but  the  bill  was  defeated. 

HIST.  OR.,  VOL.  II.    23 


354  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

state  constitutional  convention,  for  which  the  ruling 
party,  foreseeing  that  appropriations  for  the  territory 
were  about  exhausted,  was  now  ripe.  The  three 
measures  here  mentioned  comprise  all  of  the  impor 
tant  work  of  the  session.16 

An  effort  was  made  in  the  election  of  1854  to  get 
some  temperance  men  elected  to  the  legislature,  in 
order  to  secure  a  prohibitory  liquor  law;  and  for  this 
purpose  a  third  party,  called  the  Maine-law  party, 
had  its  candidates  in  the  field.  None  were  elected  on 
this  issue,  but  much  opposition  was  aroused.17 

16  Multnomah  county  was  created  at  this  session  out  of  portions  of  Wash 
ington  and  Clackamas,  making  it  comprise  a  narrow  strip  lying  on  both  sides 
of  the  Willamette,  including  Sauvd  Island,  and  fronting  on  the  Columbia 
River,  with  the  county-seat  at  Portland.     The  first  county  court  was  organ 
ized  Jan.  17,  1855;  the  board  consisting  of  G.  W.  Vaughn,  Ainslee  R.  Scott, 
and  James  Bybee,    The  bonds  of  Shubrick  Norris,  auditor,  of  William  Mc- 
Millen,  sheriff,  and  A.  D.   Fitch,  treasurer,  were  presented  and  approved. 
Rooms  were  rented  in  the  building  of  Coleman  Barrell,  OH  the  corner  of  First 
and  Salmon  streets,  for  a  court-house.     R.  B.  Wilson  was  appointed  coroner 
at  the  second  meeting  of  the  board.     The  first  board  elected  at  the  polls 
was  composed  of  David  Powell,  Ellis  Walker,  and  Samuel  Farman,  which 
met  July  2,  1855.     The  first  term  of  the  district  court  was  held  April  IGth, 
Olney  presiding.     The  first  grand  jury  drawn  consisted  of  J.  S.  Dickinson, 
Clark  Hay,  Felix  Hicklin,  K.   A.   Peterson,  Edward  Allbright,  Thomas  H. 
Stallard,  William  L.  Chittenden,  George  Hamilton,  William  Cree,  Robert 
Thompson,    William   H.   Frush,   Samuel   Farman.    William   Hall,    William 
Sherlock,  W.  P.  Burke,  Jacob  Kline,  Jackson  Powell,  John  Powell.     The 
first  cause  entered  on  the  docket  was  Thomas  V.  Smith  vs  William  H.  Mor 
ton,  David  Logan,  and  Mark  Chinn. 

An  act  of  this  legislature  authorized  the  location  of  county  seats  by  a  ma 
jority  of  votes  at  the  annual  elections.  The  county  seat  of  Umpquawas  thus 
iixed  at  Elkton,  on  the  land  claim  of  James  F.  Levens.  An  act  was  passed 
for  the  support  of  indigent  insane  persons.  There  were  a  number  of  applica 
tions  made  to  the  legislature  to  have  doubtful  marriages  legalized;  but  the 
judiciary  committee,  to  whom  they  were  referred,  refused  to  entertain  the 
petitions,  on  the  ground  that  it  was  not  their  duty  to  shelter  persons  commit 
ting  crimes  against  the  laws  and  public  sentiment.  Notwithstanding,  a 
special  act  was  passed  in  the  case  of  John  Carey,  who  had  a  wife  and  children 
in  the  States,  to  make  legitimate  the  children  of  a  woman  whom  he  had  in 
formally  taken  to  wife  while  crossing  the  plains.  Or.  Statesman,  April  3, 
1855. 

17  Notwithstanding  the  antagonism  exhibited  at  the  opening  of  the  session, 
the  Maine-law  bill  being  withdrawn,  an  act  was  passed  of  the  nature  of  a  local- 
option  law,  requiring  retail  dealers,  or  those  who  wished  to  sell  by  any  quan 
tity  less  than  a  quart,  to  obtain  the  signatures  of  a  majority  of  the  legal  voters 
in  their  respective  precincts  to  petitions  praying  that  licenses  should  be  granted 
them;  if  in  a  city,  the  signatures  of  a  majority  of  the  legal  voters  in  the 
ward  where  it  was  designed  to  sell.     Before  proceeding  to  obtain  the  signa 
tures,  the  applicant  was  required  to  post  notices  for  ten  days  of  his  intention 
to  apply  for  a  license,  in  order  to  afford  an  opportunity  for  remonstrances  to 
be  signed.     There  were  two  many  ways  of  evading  a  law  of  this  nature  to 
make  it  serve  the  purpose  of  prohibition,  even  in  a  temperance  community; 


DEMOCRATS  AND  WHIGS.  355 

The  report  of  the  territorial  auditor  showed  that 
whereas  at  the  beginning  of  the  present  fiscal  year 
he  had  found  $4.28  in  the  treasury,  at  its  close,  after 
balancing  accounts,  there  were  $68.94  on  hand.  The 
territory  was  in  debt  between  $7,000  and  $8,000;  but 
the  estimated  revenue  for  the  next  year  would  be 
over  $11,000,  which  would  not  only  discharge  the 
debt,  but  lessen  the  present  rate  of  taxation.  En 
couraged  by  this  report,  the  legislature  made  appro 
priations  which  amounted  to  nearly  as  much  as  the 
anticipated  revenue,  leaving  the  debt  of  the  territory 
but  little  diminished,  and  the  rate  of  taxation  the 
same — a  course  for  which,  when  another  legislature 
had  been  elected,  they  received  the  reproaches  of  their 


own  organs.18 


There  began  in  April  1855,  with  the  meeting  of 
the  democratic  territorial  convention  at  Salem,  a 
determined  struggle  to  put  down  the  rising  influence 
of  whig  principles.19  At  the  first  ballot  for  delegate 
to  congress,  Lane  received  fifty-three  out  of  fifty- nine 
votes,  the  six  remaining  being  cast  by  Clackamas 
county  for  Pratt.  A  movement  had  been  made  in 
Linn  county  to  put  forward  Delazon  Smith,  but  it 
was  prudently  withdrawn  on  the  temper  of  the  major 
ity  becoming  manifest.  Lane  county  had  also  in 
structed  its  delegates  to  vote  for  Judge  George  H. 
Williams  as  its  second  choice.  But  the  great  per 
sonal  popularity  of  Lane  threw  all  others  into  the 
background. 

On  the  18th  of  April  the  whigs  held  a  convention 
at  Corvallis,  for  the  purpose  of  nominating  a  delegate, 

and  for  this  very  reason  it  was  possible  to  pass  it  in  a  legislature  unfriendly 
to  prohibition. 

18  Or.  Jour.  Council,  1854-5,  app.  21-7.  The  territorial  officers  elected 
by  the  assembly  were  Nat.  H.  Lane,  treasurer;  James  A.  Bennett,  auditor; 
and  Milton  Shannon,  librarian. 

19 Said  the  Statesman  of  April  17th:  'Defeat  and  disgrace  to  know-noth 
ing  whiggery  and  canting  hypocrisy  was  a  decree  which  went  forth  from 
that  meeting. .  .The  handwriting  is  upon  the  wall,  and  it  reads,  "Jo  Lane,  a 
democratic  legislature,  democratic  prosecutors,  democratic  everything."' 


356  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

and  made  choice  of  Ex-governor  Gaines,  against  four 
other  aspirants.  The  majority  being  for  Gaines  on  the 
first  ballot,  T.  J.  Dryer  and  A.  G.  Henry  withdrew, 
leaving  M.  A.  Chinn  and  A.  Holbrook.  Gaines  then 
received  sixty-three  votes  and  Chinn  three.  The 
convention  adopted  as  its  platform,  "General  Gaines 
against  the  world,"  and  the  campaign  opened.20  A 
movement  was  put  on  foot  by  the  religious  portion  of 
the  community  to  form  a  temperance  party,  and  to 
elect  members  to  the  legislature  on  that  issue;  and  a 
meeting  was  held  for  that  purpose  April  16th,  which 
was  addressed  by  George  L.  Atkinson,  H.  K.  Hines, 
and  W.  L.  Adams,  the  last  named  a  rising  politician, 
who  in  the  spring  of  1855  established  the  Oregon 
Argus,  and  advocated  among  other  reforms  a  prohibi 
tory  liquor  law.  As  the  paper  was  independent,  it 
tended  greatly  to  keep  in  check  the  overweening 
assumption  of  the  Statesman,  and  was  warmly  wel 
comed  by  the  new  party.21 

20  As  the  reader  has  been  so  long  familiar  with  the  names  of  the  demo 
cratic  leaders,  it  will  be  proper  here  to  mention  those  of  the  territorial  whig 
committee.     They  were  E.  N.  Cooke,  James  D.  McCurdy,  Alex.  Mclntyre, 
0.  A.  Reed,  and  T.  J.  Dryer.  Oreyonian,  April  14,  1855. 

21  The  Oregon  An/us  was  printed  on  the  press  and  with  the  materials  of 
the  old  Spectator,  which  closed  its  career  in  March  1855.     The  editor  and 
publisher,  Mr  Adams,  possessed  the  qualifications  necessary  to  conduct  an 
independent  journal,  having  self-esteem  united  with  argumentative  powers; 
moreover,  he  had  a  conscience.     In  politics,  he  leaned  to  the  side  of  the 
whigs,   and  in  religion  was  a  campbellite.     This  church  had  a  respectable 
membership  in  Oregon.     Adams  sometimes  preached  to  its  congregations, 
and  was  known  pretty  generally  as  Parson  Billy.     The  mistakes  he  made  in 
conducting  his  paper  were  those  likely  to  grow  out  of  these  conditions.     Being 
independent,  it  was  open  to  everybody,  and  therefore  liable  to  take  in  occa 
sionally  persons  of  doubtful  veracity.     Being  honest,  it  sometimes  betrayed  a 
lack  of  worldly  wisdom.     The  Statesman  called  it  the  'Airgoose; '  nevertheless, 
'  it  greatly  assisted  in  forming  into  a  consistent  and  cohesive  body  the  scat 
tered  materials  that  afterward  composed  the  republican  party.'     The  Argus 
continued  to  be  published  at  Oregon  City  till  May  1863,  D.  W.  Craig  being 
associated  with  Adams  in  its  publication.     Six  months  after  its  removal,  hav 
ing  united  with  the  Republican  of  Eugene  City,  the  two  journals  passed  into 
the  hands  of  a  company  who  had  purchased  the  Statesman,  the  political  status 
of  the  latter  having  undergone  a  change.  Salem  Directory,  1871,  p.  81.    Adams 
had  in  the  mean  time  been  appointed  collector  of  customs  at  Astoria  by  Lin 
coln,  in  1861,  and  held  this  position  until  he  resigned  it  in  1866.     In  1868 
he  travelled  in  South  America,  and  finally  went  to  New  England,  where  he 
delivered  a  lecture  on  Oregon  and  the  Pacific  Coast,  at  Tremont  Temple,  Oct. 
14,  1869,  which  was  published  in  pamphlet  form  at  Boston  the  same  year. 
The  pamphlet  contains  many  interesting  facts,  presented  in  the  incisive  and 
yet  often  humorous  style  which  characterized  the  author's  writings  as  a  jour- 


THE  KNOW-NOTHING  PARTY.  357 

The  Argus,  however,  placed  the  name  of  Gaines  at 
the  head  of  its  editorial  columns  as  its  candidate  for 
delegate  to  congress.  The  Portland  Times*1  was 
strongly  democratic,  and  sustained  the  nomination  of 
Lane.  The  Portland  Democratic  Standard  labored 
of  course  for  its  proprietor,  Pratt,  till  the  almost 
unanimous  nomination  of  Lane  by  the  Salem  conven 
tion  took  away  its  proper  occupation,  and  it  turned  to 
general  party  uses.23 

Lane  arrived  in  Oregon  early  in  April,  and  soon 
after  the  convention  the  campaign  began,  the  whigs 
and  know-nothings,  or  native  Americans,  uniting  on 
Gaines  and  against  the  democracy. 

The  native  Americans,  it  may  be  here  said,  were 
largely  drawn  from  the  missionary  and  anti-Hudson's 
Bay  Company  voters,  who  took  the  opportunity  fur 
nished  by  the  rise  of  the  new  party  to  give  utterance 
to  their  long-cherished  antipathies  toward  the  foreign 
element  in  the  settlement  of  Oregon.  Some  of  them 
were  men  who  had  made  themselves  odious  to  right- 
thinking  people  of  all  parties  by  their  intemperate 
zeal  against  foreign-born  colonists  and  the  catholic 
religion,  basing  their  arguments  for  know-nothing 

nalist.  He  studied  medicine  while  in  the  east,  and  practised  it  after  return 
ing  to  Oregon.  In  the  West  Shore,  a  monthly  literary  paper  began  at  Port 
land  in  1875  by  L.  Samuels,  are  Rambling  Notes  of  Olden  Times  by  Adams, 
in  which  are  some  striking  pictures  of  the  trials  and  pleasures  of  pioneer  life, 
besides  many  other  articles;  but  his  principal  work  in  life  was  done  as  editor 
of  the  paper  he  originated. 

22  Of  the  two  papers  started  in  1850,  the  Star  was  removed  to  Portland 
in  1851,  where  it  became  the  Times,  edited  first  by  Waterman,  and  subse 
quently  by  Hibben,  followed  by  Russell  D.  Austin.  It  ran  until  1858  in 
the  interest  of  the  democratic  party.  West  Shore,  Jan.  1876.  Austin  mar 
ried  Miss  Mary  A.  Collins  of  Holyoke,  Mass.  Oregon  Argus,  Oct.  13,  1855. 

•23  Portland  Orenonian,  April  15,  1876.  Another  paper  that  came  into 
being  in  1855  was  the  Pacific  Christian  Advocate.  It  was  first  called  the 
North  Pacific  Christian  Herald,  and  had  for  publishers  A.  F.  Waller1,  Thos 
H.  Pearne,  P.  G.  Buchanan,  J.  R.  Robb,  and  C.  S.  Kingsley,  with  Thos  H. 
Pcarne  for  manager.  See  Or.  Statesman,  June  16,  1855.  It  soon  afterward 
changed  its  name  to  Pacific  Christian  Advocate,  published  by  A.  F.  Waller, 
J.  L.  Parrish,  J.  D.  Boon,  C.  S.  Kingsley,  and  H.  K.  Hines,  with  Thos  H. 
Pcarne  editor.  The  following  year  the  methodist  general  conference,  in  ses 
sion  at  Indianapolis,  resolved  to  establish  a  book  depository  and  publish 
a  weekly  paper  in  Oregon;  and  that  the  book  agents  at  New  York  be  advised 
to  purchase  the  Pacific  Christian  Advocate,  already  started,  at  $3,500,  and 
to  employ  an  editor  with  a  fixed  salary.  Or.  and  its  'institutions,  107-8. 


358  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

principles  upon  the  alleged  participation  in  the  Whit 
man  massacre  of  the  catholic  priesthood.24 

Anything  like  cant  entering  into  American  politics 
has  always  proven  a  failure ;  and  the  democratic  party 
were  not  too  refined  to  give  utterance  to  an  honest 
disgust  of  the  bigotry  which  attempted  it  in  Oregon. 
The  election  resulted  in  the  complete  triumph  of 
democracy,  Lane's  majority  being  twenty-one  hun 
dred  and  forty-nine.25  There  were  but  four  whigs 
elected  to  the  assembly,  two  in  each  house.  A  dem 
ocratic  prosecuting  attorney  was  elected  in  each  judi 
cial  district.26  The  party  had  indeed  secured  every 
thing  it  aimed  at,  excepting  the  vote  for  a  state  con 
stitution,  and  that  measure  promised  to  be  soon  se 
cured,  as  the  majority  against  it  had  lessened  more 
than  half  since  the  last  election. 

In  spite  of  and  perhaps  on  account  of  the  dom 
inance  of  democratic  influence  in  Oregon,  there  was 
a  conviction  growing  in  the  minds  of  thinking  people 
not  governed  by  partisan  feeling,  which  was  in  time 
to  revolutionize  politics,  and  bring  confusion  upon  the 
men  who  lorded  it  so  valiantly  in  these  times.  This 
was,  that  the  struggle  for  the  extension  of  slave  ter 
ritory  which  the  southern  states  were  making,  aided 
and  abetted  by  the  national  democratic  party,  would 
be  renewed  when  the  state  constitution  came  to  be 
formed,  and  that  they  must  be  ready  to  meet  the 
emergency. 

In  view  of  the  danger  that  by  some  political  jug 
glery  the  door  would  be  left  open  for  the  admission 
of  slavery,  a  convention  of  free-soilers  was  called  to 
meet  at  Albany  on  the  27th  of  June,  1855.  Little 
more  was  done  at  this  time  than  to  pass  resolutions 

24  Or.  Am.  Evang.  Unionist,  Aug.  2,  1848. 

25  Official,  in  Or.  Statesman,  June  30,   1855.     The   Tribune  Almanac  for 
1856  gives  Lane's  majority  as  2,235.     The  entire  vote  cast  was  10,121.    There 
were  believed  to  be  about  11,100   voters  in  the  territory. 

26George  K.  Sheil  in  the  1st  district;  Thomas  S.  Brandon  in  the  2d;  R.  E. 
Stratton  in  the  3d;  and  W.  G.  T' Vault  in  Jackson  county,  which  was  al 
lowed  to  constitute  a  district. 


INDIAN  AFFAIRS.  359 

expressing  the  sentiments  and  purposes  of  the  mem 
bers,  and  to  appoint  a  committee  to  draft  a  platform 
for  the  anti-slavery  party,  to  be  reported  to  an  ad 
journed  meeting  to  be  held  at  Corvallis  on  the  31st 
of  October.27  This  was  the  beginning  of  a  move 
ment  in  which  the  Argus  played  an  important  part, 
and  which  resulted  in  the  formation  of  the  republican 
party  of  Oregon.  It  was  the  voice  crying  in  the 
wilderness  which  prepared  the  way  for  the  victory  of 
free  principles  on  the  Northwest  Coast,  and  secured 
to  the  original  founders  of  the  Oregon  colony  the 
entire  absence  of  the  shadow  and  blight  of  an  insti 
tution  which  when  they  left  their  homes  in  the 
States  the  earliest  immigrations  determined  to  leave 
behind  them  forever.  With  regard,  however,  to  the 
progress  of  the  new  party,  before  it  had  time  to  com 
plete  a  formal  organization,  events  had  occurred  in 
Oregon  of  so  absorbing  a  nature  as  to  divert  the 
public  mind  from  its  contemplation. 

I  have  already  spoken  of  the  round  of  visits  which 
Indian  Superintendent  Palmer  made  in  1854,  about 
which  time  he  concluded  some  treaties — none  of  those 
made  by  Gaines  ever  having  been  ratified — with  the 
Indians  of  the  Willamette  Valley.28  It  was  not  until 
October  that  he  was  able  to  go  to  the  Indians  of  south - 

27  The  committee  were  John  Conner,  B.  F.  Whitson,  Thomas  S.  Kendall, 
Origen  Thomson,  and  J.  P.  Tate.    Or.  Arcjus,  July  7,  1855.     The  members  of 
this   first  anti-slavery   meeting   of   Oregon  were   Origen   Thomson,    H     H 
Hicklin,  T.  S.  Kendall,  Jno.  R.  McClure,  Wm  T.  Baxter,  Wilson  BJain,  Jno. 
McCoy,    Samuel   Hyde,    W.   L.  Coon,  Wm   Marks,  W.  C.  Hicklin,  H.  F 
McCully,  David  Irwin,  John  Smith,  Isaac  Pest,  J.  VV.  Stewart,  G.  W.  Lam 
bert,  J.  B.  Forsyth,  J.  M.   McCall,  John  Conner,  Thos  Cannon,  B.  F.  Whit- 
son,  W.  C.  Johnson,  Hezekiah  Johnson,  J.  T.  Craig,   D.   C.   Hackley,   S.  R. 
McClelland,   Robert  A.   Buck,   Samuel  Bell,  J.   P.   Tate,   U.   H.  Dunning' 
Alfred  Wheeler,  Samuel  Colver,  D.  H.  Bodinn,  W.  C.  Garwood,  D.   Beach] 
Charles  Ferry,  J.  F.  Thompson,  Milton  B.  Starr.    Or.  Aryus,  July  7,  1855. 

28  A  treaty  was  made  with  the  Tualatin  band  of  Calapooyas  for  their  land 
lying  in  Washington  and  Yamhill  counties,  for  which  they  received  §,'],. *}00  in 
goods,  money,  and  farm  tools;  also  provisions  for  one  year,  and  annuities  of 
goods  for  twenty  years,  besides  a  tract  of  40  acres  to  each  family,  two  of 
which  were  to  be  ploughed  and  fenced,  and  a  cabin  erected  upon  it.     Teach 
ers  of  farming,  milling,  blacksmithing,  etc.,  were  to  be  furnished  with  manual- 
labor  schools  for  the  children.    The  provisions  of  all  of  Palmer's  treaties  were 
similar. 


360  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

ern  Oregon  with  the  assurance  that  congress  had  rat 
ified  the  treaties  made  at  the  close  of  the  war  of  1853, 
with  some  amendments  to  which  they  consented  some 
what  unwillingly,29  but  were  pacified  on  receiving  their 
first  instalment  of  goods.  S.  H.  Culver  was  removed, 
and  George  H.  Ambrose  made  agent  on  the  Rogue 
River  reservation.30  By  the  1st  of  February,  1855,  all 
the  lands  between  the  Columbia  River  and  the  summit 
of  the  Calapooya  Mountains,  and  between  the  Coast 
and  Cascade  ranges,  had  been  purchased  for  the  United 
States,  the  Indians  agreeing  to  remove  to  such  local 
ities  as  should  be  selected  for  them,  it  being  the  in 
tention  to  place  them  east  of  the  Cascades.  But  the 
opposition  made  by  all  natives,  to  being  forced  upon 
the  territory  of  other  tribes,  or  to  having  other  tribes 
brought  into  contact  with  them,  on  their  own  lands, 
influenced  Palmer  to  select  a  reservation  on  the  coast, 
extending  from  Cape  Lookout  on  the  north  to  a  point 
half-way  between  the  Siuslaw  and  Umpqua  rivers, 
taking  in  the  whole  country  west  of  the  Coast  Range, 
with  all  the  rivers  and  bays,  for  a  distance  of  ninety 
miles,  upon  which  the  Willamette  and  coast  tribes 
were  to  be  placed  as  soon  as  the  means  should  be  at 
hand  to  remove  them. 

No  attempt  to  treat  with  the  Oregon  tribes  east  of 
the  Cascade  Mountains  for  their  lands  had  ever  been 
made,  and  except  the  efforts  of  the  missionaries,  and 
the  provisional  government,  for  which  White  may  be 
considered  as  acting,  nothing  had  been  done  to  bring 
them  into  friendly  relations  with  the  citizens  of  the 
United  States.  The  Cayuse  war  had  left  that  tribe 

29  The  amendment  most  objected  to  was  one  which  allowed  other  tribes  to 
be  placed  on  their  reservation,  and  which  consolidated  all  the  Rogue  River 
tribes. 

30  Palmer  appears  to  have  been  rather  arbitrary,  but  being  liked  by  the 
authorities,  in  choosing  between  him  and  an  agent  whom  ne  disliked,  they 
dismissed   the  agent   without   inquiry.     Sub-agent   Philip  F.  Thompson  of 
Umpqua  having  died,  E.  P.  Drew  succeeded  him.    Nathan  Olney  superseded 
Parrish.     There  remained  R.  R.  Thompson,  W.  W.  Raymond,  and  William 
J.  Martin,  who  resigned  in  the  spring  of  1855,  and  was  succeeded  by  Robert 
B.  Metcalfe.     These  frequent  changes  were  due,  according  to  Palmer,  to  in 
sufficient  salaries. 


TREATIES  AND  PURCHASE  OF  LANDS.  361 

imbittered  toward  the  American  people.  Governor 
Stevens  of  Washington  Territoy,  when  exploring  for 
the  Pacific  railroad,  in  1853,  had  visited  and  conferred 
with  the  tribes  north  and  east  of  the  Columbia  con 
cerning  the  sale  of  their  lands,  all  of  whom  professed 
a  willingness  to  dispose  of  them,  and  to  enter  into 
treaty  relations  with  the  government.31  Stevens  had 
reported  accordingly  to  congress,  which  appropriated 
money  to  defray  the  expense  of  these  negotiations, 
and  appointed  Stevens  and  Palmer  commissioners  to 
make  the  treaties.  But  in  the  mean  time  a  year  and 
a  half  had  elapsed,  and  the  Indians  had  been  given 
time  to  reconsider  their  hasty  expressions  of  friend 
ship,  and  to  indulge  in  many  melancholy  forebodings 
of  the  consequences  of  parting  with  the  sovereignty 
of  the  country.  These  regrets  and  apprehensions  were 
heightened  by  a  knowledge  of  the  Indian  war  of  1853 
in  Rogue  River  Valley,  the  expedition  against  the  Mo- 
docs  and  Piutes,  and  the  expedition  of  Major  Haller 
then  in  progress  for  the  punishment  of  the  murderers 
of  the  Ward  company.  They  had  also  been  informed 
by  rumor  that  the  Oregon  superintendent  designed  to 
take  a  part  of  the  country  which  they  had  agreed  to 
surrender  for  a  reservation  for  the  diseased  and  de 
graded  tribes  of  western  Oregon,  whose  presence  or 
neighborhood  they  as  little  desired  as  the  white  inhab 
itants.  At  least,  that  is  what  the  Indians  said  of  them 
selves. 

Aware  to  some  extent  of  this  feeling,  Stevens  sent 
in  January  1855  one  of  his  most  trusted  aids,  James 
Doty,  among  the  Indians  east  of  the  mountains,  to 
ascertain  their  views  before  opening  negotiations  for 
the  purchase  of  their  lands.  To  Doty  the  Indians 
made  the  same  professions  of  friendship  and  willing 
ness  to  sell  their  country  which  they  had  made  to 
Stevens  in  1853;  and  it  was  agreed  to  hold  a  general 
council  of  the  Yakimas,  Nez  Perces,  Cayuses,  Walla 

31  /.  7.  Stevens,  in  Ind.  Aff.  Kept,  1854,  184,  248;  U.  S.  H.  Ex.  Doc.  55, 
2,  33d  cong.  1st  sess. 


362  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

Wallas,  and  their  allies,  to  be  convened  in  the  Walla 
Walla  Valley  in  May.  The  place  of  meeting  was 
chosen  by  Kamiakin,  head  chief  of  the  Yakimas,  be 
cause  it  was  an  ancient  council-ground  of  his  people, 
and  everything  seemed  to  promise  a  friendly  confer 
ence. 

A  large  amount  of  money  was  expended  in  Indian 
goods  and  agricultural  implements,  the  customary 
presents  to  the  head  men  on  the  conclusion  of  treaties. 
These  were  transported  above  The  Dalles  in  keel 
boats/2  and  stored  at  Fort  Walla  Walla,  then  in 
charge  of  James  Sinclair  of  the  Hudson's  Bay  Com 
pany.  A  military  escort  for  the  commissioners  was 
obtained  at  Fort  Dalles,  consisting  of  forty  dragoons 
under  Lieutenant  Archibald  Gracie,33  the  company 
being  augmented  to  forty-seven  by  the  addition  of  a 
detachment  under  a  corporal  in  pursuit  of  Some  Indian 
murderers  whom  they  had  sought  for  a  week  without 
finding. 

O 

On  the  20th  of  May  the  commissioners,  who  had 
hastened  forward,  arrived  at  Walla  Walla,  and  pro 
ceeded  to  the  council-grounds  about  five  miles  from 
Waiilatpu,8*  where  the  encampment  was  made  before 
the  escort  arrived.35  The  Indians,  with  their  accus- 

32  Stevens  speaks  of  this  as  the  opening  of  navigation  above  The  Dalles. 
They  were  succeeded,  he  says,  by  sailing  vessels  of  GO  tons  freight,  and  soon 
by  a  steamer.  Pac.  R.  R.  Kept,  xii.  19G-7. 

33  Lieut  Lawrence  Kip,  of  the  3d  artillery,  who  accompanied  Gracie  on 
this  occasion  as  u  guest  and  spectator,  afterward  published  an  account  of  the 
expedition  and  transactions  of  the  commission,  under  title  of  The  Indian 
Council  at  Walla  Walla,  San  Francisco,  1855,  a  pleasantly  told  narrative,  in 
which  there  is  much  correct  information,  and  some  unimportant  errors  con 
cerning  mission  matters  of  which  he  had  no  personal  knowledge.     He  givea 
pretty  full  reports  of  the  speeches  of  the  chiefs  and  commissioners.     Lieut 
Kip  also  wrote  a  little  book,  Army  Life  on  the  Pacific  Coast,  A  Journal  of  the 
Expedition  against  the  Northern  Indians  in  the  Summer  of  1858,  New  York, 
1859,  in  which  the  author  seeks  to  defend  the  army  officers  from  aspersions 
cast  upon  them  in  the  newspapers,  and  even  in  speeches  on  the  floor  of  con 
gress,  as  '  the  drones  of  society,  living  on  the  government,  yet  a  useless  en 
cumbrance  and  expense.' 

31  Kip  speaks  of  visiting  some  gentlemen  residing  on  the  site  of  the  old 
mission,  who  were  'raising  stock  to  sell  to  emigrants  crossing  the  plains,  or 
settlers  who  will  soon  be  locating  themselves  through  these  valleys.'  Indian 
Council,  1(>. 

3i)  Kip  also  describes  the  council-ground  as  a  beautiful  spot,  and  tells  us 
that  an  arbor  had  been  erected  for  a  dining-hall  for  the  commissioners,  with 


A  GRAND  POWWOW.  363 

tomed  dilatoriness,  did  not  begin  to  come  in  until  the 
24th,  when  Lawyer  and  Looking  Glass  of  the  Nez 
Perces  arrived  with  their  delegation,  and  encamped 
ac  no  great  distance  from  the  commissioners,  after 
having  passed  through  the  fantastic  evolutions,  in 
full  war  costume,  sometimes  practised  on  such  occa 
sions.36  The  Cayuses  appeared  in  like  manner  two 
days  later,  and  on  the  28th  the  Yakimas,  who,  with 
others,  made  up  an  assemblage  of  between  four  and 
five  thousand  Indians  of  both  sexes.  An  attempt 
was  made  on  the  day  following  to  organize  the  coun 
cil,  but  it  was  not  until  the  30th  that  business  was 
begun. 

Before  the  council  opened  it  became  evident  that  a 
majority  of  the  Indians  were  not  in  favor  of  treating,37 
if  indeed  they  were  not  positively  hostile  to  the  peo 
ple  represented  by  the  commissioners;  the  Cayuses  in 
particular  regarding  the  troops  with  scowls  of  anger, 
which  they  made  no  attempt  to  conceal.  Day  after 
day,  until  the  llth  of  June,  the  slow  and  reluctant 
conference  went  on.  The  chiefs  made  speeches,  with 
that  mixture  of  business  shrewdness  and  savage  poetry 
which  renders  the  Indian's  eloquence  so  effective.33 

a  table  of  split  logs,  with  the  flat  side  up.  The  troops,  too,  were  sheltered  in 
arbors,  and  but  for  the  showery  weather  the  comfort  of  the  occasion  would 
have  equalled  its  picturesqueness. 

36 See  Hist.  Or.,  i.  130-1,  this  series. 

31  Kip's  Indian  Council,  21. 

38  Thee! 
them  by  th.  ^ 

thing  to  say?  I  wonder  if  the  ground 
what  the  ground  says.  The  ground  says,  "  It  is  the  great  spirit  that  placed 
me  here.  The  great  spirit  tells  me  to  take  care  of  the  Indians,  to  feed  them 
aright.  The  great  spirit  appointed  the  roots  to  feed  the  Indians  on."  The 
water  says  the  same  thing.  The  great  spirit  directs  me,  "  Feed  the  Indians 
well."  The  grass  says  the  same  thing,  "  Feed  the  horses  and  cattle."  The 
ground,  water,  and  grass  say,  "  The  great  spirit  has  given  us  our  names.  We 
have  these  names  and  hold  these  names.  Neither  the  Indians  nor  the  whites 
have  a  right  to  change  these  names. "  The  ground  says,  ' '  The  great  s  irit  has 
placed  me  here  to  produce  all  that  grows  on  me,  trees  and  fruit,"  The  same 
way  the  ground  says,  "It  was  from  me  man  was  made."  The  great  spirit 
in  placing  men  on  the  earth  desired  them  to  take  good  care  of  the  ground, 
and  do  each  other  no  harm.  The  great  spirit  said,  "You  Indians  who  take 
care  of  certain  portions  of  the  country  should  not  trade  it  off  except  you  get 
a  fair  price."  '  Kip's  Indian  Council,  22-G.  In  this  argument  was  an  attempt 
to  enunciate  a  philosophy  equal  to  the  white  man's.  It  ended,  as  all  savage 


364  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

The  commissioners  exhausted  their  store  of  logic  in 
convincing  their  savage  hearers  that  they  needed  the 
benefits  of  the  culture  which  the  white  race  could  im 
part  to  them.  Over  and  over  again,  the  motives  of 
the  treaties  arid  the  treaties  themselves  were  explained 
in  the  most  painstaking  manner.  The  fact  was  patent 
that  the  Indians  meant  to  resist  the  invasion  of  their 
lands  by  the  people  of  the  United  States.  The 
Cay  uses  were  against  any  sale.  Owhi,  chief  of  the 
Umatillas,  and  brother-in-law  of  Kamiakin,  was  op 
posed  to  it.  Peupeumoxmox,  usually  so  crafty  and 
non-committal,  in  this  matter  was  decided;  Kamiakin 
would  have  nothing  to  do  with  it;  Joseph  and  Look 
ing  Glass  were  unfriendly;  and  only  Lawyer  con 
tinued  firm  in  keeping  his  word  already  pledged  to 
Stevens.39  But  for  him,  and  the  numerical  strength 
of  the  Nez  Perces,  equal  to  that  of  all  the  other 
tribes  present,  no  treaty  could  have  been  concluded 
with  any  of  the  tribes.  His  adherence  to  his  deter 
mination  greatly  incensed  the  Cayuses  against  him, 
and  some  of  his  own  nation  almost  equally,  especially 
Joseph,  who  refused  to  sign  the  treaty  unless  it  se 
cured  to  him  the  valley  which  he  claimed  as  the  home 
of  himself  and  his  people.40  Looking  Glass,  war  chief 

arguments  do,  in  showing  the  desire  of  gain,  and  the  suspicion  of  being 
cheated. 

39  '  I  think  it  is  doubtful,'  says  Kip,  '  if  Lawyer  could  have  held  out  but 
for  his  pride  in  his  small  sum  of  book  lore,  which  inclined  him  to  cling  to  his 
friendship  with  the  whites.  In  making  a  speech,  he  was  able  to  refer  to  the 
discovery  of  the  continent  by  the  Spaniards,  and  the  story  of  Columbus  mak 
ing  the  egg  stand  on  end.  He  related  how  the  red  men  had  receded  before 
the  white  men  in  a  manner  that  was  hardly  calculated  to  pour  oil  upon  the 
troubled  waters;  yet  as  his  father  had  agreed  with  Lewis  and  Clarke  to  live 
in  peace  with  the  whites,  he  was  in  favor  of  making  a  treaty!' 

40Concerning  the  exact  locality  claimed  by  Joseph  at  this  time  as  his  home, 
there  has  been  much  argument  and  investigation.  At  the  beginning  of  this 
history,  Joseph  was  living  near  Lapwai,  but  it  is  said  he  was  only  there  for 
the  purpose  of  attending  Spalding's  school;  that  his  father  was  a  Cayuse,  who 
had  two  wives,  one  a  Nez  Perce",  the  mother  of  Joseph,  and  the  other  a  Cay- 
use,  the  mother  of  Five  Crows;  that  Joseph  was  born  on  Snake  River,  near 
the  mouth  of  the  Grand  Rond  where  his  father  lived,  and  that  after  the 
Lapwai  mission  was  abandoned  he  went  back  to  the  mouth  of  the  Grand 
Rond,  where  he  died  in  1871.  These  facts  are  gathered  from  a  letter  of 
Indian  Agent  Jno.  B.  Monteith  to  H.  Clay  Wood,  and  is  contained  in  a 
pamphlet  published  by  the  latter,  called  The  Status  of  Young  Joseph  and  his 
Band  of  Nez  Perce  Indians  under  the  Treaties,  etc.,  written  to  settle  the 


RETIRING  ABORIGINALS.  365 

of  the  Nez  Perces,  showed  his  opposition  by  not  com 
ing  to  the  council  until  the  8th,  and  behaving  rudely 
when  he  did  come.41  Up  to  almost  the  last  day, 
Palmer,  who  had  endeavored  to  obtain  the  consent  of 
the  Indians  to  one  common  reservation,  finding  them 
determined  in  their  refusal,  finally  offered  to  reserve 
lands  separately  in  their  own  country  for  those  who 
objected  to  going  upon  the  Nez  Perce  reservation, 
and  on  this  proposition,  harmony  was  apparently  re 
stored,  all  the  chiefs  except  Kamiakin  agreeing  to  it. 
The  haughty  Yakima  would  consent  to  nothing;  but 
when  appealed  to  by  Stevens  to  make  known  his 

question  of  Joseph's  right  to  the  Wallowa  Valley  in  Oregon,  his  claim  to 
which  brought  on  the  war  of  1877  with  that  band  of  Nez  Percys.  Wood's 
pamphlet,  which  was  written  by  the  order  of  department  commander  Gen. 
O.  0.  Howard,  furnishes  much  valuable  information  upon  this  rather  obscure 
subject.  Wood  concludes  from  all  the  evidence  that  Joseph  was  chief  of  the 
upper  or  Salmon  River  branch  of  the  Nez  Percys,  and  that  his  claim  to  the 
Wallowa  Valley  as  his  especial  home  was  not  founded  in  facts  as  they  existed 
at  the  time  of  the  treaty  of  1855,  but  that  it  was  'possessed  in  common  by  the 
Nez  Percys  as  a  summer  resort  to  fish.'  As  the  reservation  took  in  both  sides 
of  the  Snake  River  as  far  up  as  fifteen  miles  below  the  mouth  of  Powder 
River,  and  all  the  Salmon  River  country  to  the  Bitter  Root  Mountains,  and 
beyond  the  Clearwater  as  far  as  the  southern  branch  of  the  Palouse,  the  west 
ern  line  beginning  a  little  below  the  mouth  of  Alpowa  Creek,  it  included  all 
the  lands  ever  claimed  by  the  Nez  Perces  since  the  ratification  of  the  treaty, 
much  of  which  was  little  known  to  white  men  in  1855,  and  just  which  portion 
of  it  was  reserved  by  Joseph  is  a  matter  of  doubt,  though  Superintendent 
Palmer  spoke  of  Joseph's  band  as  'the  Salmon  River  band  of  the  Nez  Perces. 
Wood's  Young  Joseph  and  the  Treaties,  35. 

Joseph  had  perhaps  other  reasons  for  objecting  to  Lawyer's  advice.  He 
claimed  to  be  descended  from  a  long  line  of  chiefs,  and  to  be  superior  in  rank 
to  Lawyer.  The  missionaries,  because  Joseph  was  a  war  chief,  and  because 
Lawyer  exhibited  greater  aptitude  in  learning  the  arts  of  peace,  endeavored 
to  build  up  Lawyer's  influence.  When  White  tried  his  hand  at  managing 
Indians,  he  appointed  over  the  Nez  Percys  a  head  chief,  a  practice  which  had 
been  discontinued  by  the  advice  of  the  Hudson's  Bay  Company.  On  the 
death  of  Ellis,  the  head  chief,  whose  superior  acquirements  had  greatly 
strengthened  his  influence  with  the  Nez  Percys,  it  was  Lawyer  who  aspired 
to  the  high  chieftainship,  on  the  ground  of  these  same  acquirements,  and 
who  had  gained  so  much  influence  as  to  be  named  head  chief  when  the  com 
missioners  interrogated  the  Nez  Perec's  as  to  whom  they  should  treat  with  tor 
the  nation.  This  was  good  ground  for  jealousy  and  discord,  and  a  weighty 
reason  why  Joseph  should  not  readily  consent  to  the  advice  of  Lawyer,  even 
if  there  were  no  other. 

41  Cram  says  that  Lawyer  and  Looking  Glass  had  arranged  it  between 
them  to  cajole  the  commissioners;  that  the  sudden  appearance  and  opposition 
of  the  latter  were  planned  to  give  effect  to  Lawyer's  apparent  fidelity ;  and  at 
the  same  time  by  throwing  obstacles  in  the  way,  to  '  prevent  a  clutch  upon 
their  lands  from  being  realized.  In  these  respects  events  have  shown  that 
Lawyer  was  the  ablest  diplomatist  at  the  council;  for  the  friendship  of  his 
tribes  has  remained,  and  no  hold  upon  their  lands  has  yet  mured  to  the 
whites.'  Top.  Mem.,  84. 


366  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

wishes,  only  aroused  from  his  sullen  silence  to  ejacu 
late,  "What  have  I  to  say?"  This  was  the  mood  of 
the  Indians  on  Saturday,  the  9th;  but  on  Monday,  the 
1 1th,  every  chief  signed  the  treaties,  including  Kamia- 
kin,  who  said  it  was  for  the  sake  of  his  people  that  he 
consented.  Having  done  this,  they  all  expressed  sat 
isfaction,  even  joy  and  thankfulness,  at  this  termina 
tion  of  the  conference.42 

The  Nez  Perces  agreed  to  take  for  their  lands 
outside  the  reservation,  which  was  ample,  $200,000 
in  annuities,  and  were  to  be  supplied  besides  with 
mills,  schools,  millers,  teachers,  mechanics,  and  every 
reasonable  aid  to  their  so-called  improvement.  The 
Cayuses,  Walla  Wallas,  and  Umatillas  were  united 
on  one  reservation  in  the  beautiful  Umatilla  country, 
where  claims  were  already  beginning  to  be  taken  up.43 

They  were  to  receive  the  same  benefits  as  the  Nez 
Perces,  and  $150,000  in  annuities,  running  through 
twenty  years.  The  Yakimas  agreed  to  take  $200,000, 
and  were  granted  two  schools,  three  teachers,  a  num 
ber  of  mechanics,  a  farmer,  a  physician,  millers,  and 
mills.44  By  an  express  provision  of  the  treaties,  the 
country  embraced  in  the  cessions,  and  not  included  in 
the  reservation,  was  open  to  settlement,  except  that 
the  Indians  were  to  remain  in  possession  of  their  im 
provements  until  removed  to  the  reservations,  when 
they  were  to  be  paid  for  them  whatever  they  were 
worth.  When  the  treaties  were  published,  particular 
attention  was  called  to  these  provisions  protecting  the 
Indians  in  the  enjoyment  of  their  homes  so  long  as 
they  were  not  removed  by  authority  to  the  reserves. 

42  Kip's  Army  Life,  92;  Stevens,  in  U.  8.  Sen.  Ex.  Doc.  66,  24,  34th  cong. 
1st  sess. 

43  One  Whitney  was  living  about  a  mile  from  the  crossing  of  the  Umatilla 
River  with  William  McKay,  on  a  claim  he  was  cultivating,  belonging  to  the 
latter.     Kip's  Indian  Council,  29.    This  William  McKay  was  grandson  of  Al 
exander  McKay  of  Astor's  company.     He  resided  in  eastern  Oregon  almost 
continually  since  taking  this  claim  on  the  Umatilla. 

"Palmer's  Wagon  Trains,  MS.,  51;  Or.  Statesman,  June  30  and  July  21, 
1855;  Puget  Sound  Herald,  May  6,  1859;  Wood's  Young  Joseph  and  the  Trea 
ties,  10-12;  Pendleton  Tribune,  March  11,  1874;  S.  F.  Alta,  July  16,  1855; 
-Sac.  Union,  July  10,  1855. 


GOOD  BARGAINS.  367 

And  attention  was  also  called  to  the  fact  that  the  Ind 
ians  were  not  required  to  move  upon  their  reserves 
before  the  expiration  of  one  year  after  the  ratification 
of  the  treaties  by  congress;  the  intention  being  to 
give  time  for  them  to  accustom  themselves  to  the  idea 
of  the  change  of  location. 

As  soon  as  these  apparently  amicable  stipulations 
were  concluded,  the  goods  brought  as  presents  dis 
tributed,  and  agents  appointed  for  the  different  reser 
vations/5  the  troops  returned  to  The  Dalles.  That 
night  the  Indians  held  a  great  scalp-dance,  in  which 
150  of  the  women  took  part.  The  following  day  they 
broke  up  their  encampments  and  returned  to  their  sev 
eral  habitations,  the  commissioners  believing  that  the 
feelings  of  hostility  with  which  several  of  the  chiefs  had 
come  to  the  council  had  been  assuaged.  On  the  16th 
Stevens  proceeded  north-eastward,  toward  the  Black- 
foot  country,  being  directed  by  the  government  to  make 
treaties  with  this  warlike  people  and  several  other 
tribes  in  that  quarter. 

Palmer  in  the  mean  time  returned  toward  The 
Dalles,  treating  with  the  John  Day,  Des  Chutes,  and 
Wascopan  Indians,  and  purchasing  all  the  lands  lying 
between  the  summit  of  the  Cascade  Range  and  the 
waters  of  Powder  River,  and  between  the  44th  paral 
lel  and  the  Columbia  River,  on  terms  similar  to  those 
of  the  treaties  made  at  Walla  Walla.  A  reservation 
was  set  apart  for  these  tribes  at  the  base  of  the  Cas 
cades,  directly  east  of  Mount  Jefferson,  in  a  well 
watered  and  delightful  location,46  including  the  Tyghe 
Valley  and  some  warm  springs  from  which  the  reserve 
has  been  named. 

Having  accomplished  these  important  objects,  the 
superintendent  returned  home  well  pleased  with  the 
results  of  his  labor,  and  believing  that  he  had  secured 
the  peace  of  the  country  in  that  portion  of  Oregon. 

45  R.  R.  Thompson  was  appointed  to  the  Umatilla  reservation,  and  W.  H. 
Tappan  for  the  Nez  Perec's. 

40 Lid.  Aff.  Kept,  1857,  370;  Letter  of  Palmer,  in  Or.  Statesman,  July  21, 
1855;  Puyet  Sound  Herald,  May  6,  1859. 


368  GOVERNMENT  AND  GENERAL  DEVELOPMENT. 

The  Nez  Perces  afterward  declared  that  during  the 
council  a  scheme  had  been  on  foot,  originating  with 
the  Cayuses,  to  massacre  all  the  white  persons  present, 
including  the  troops,  the  plan  only  failing  through  the 
refusal  of  Lawyer's  party  to  join  in  it,  which  statement 
may  be  taken  for  what  it  is  worth.  On  the  other  hand, 
it  has  been  asserted  that  the  treaties  were  forced;47 
that  they  were  rashly  undertaken,  and  the  Indians  not 
listened  to ;  that  by  calling  a  general  council  an  oppor 
tunity  was  furnished  for  plotting;  that  there  were  too 
few  troops  and  too  little  parade.*8  However  this  may 
be,  war  followed,  the  history  of  which  belongs  both  to 
Oregon  and  Washington.  But  since  the  Indians  in 
volved  in  it  were  chiefly  those  attached  to  the  soil  and 
superintendency  of  the  latter,  I  shall  present  the  nar 
rative  in  my  volume  on  Washington. 

47  Wood's  Young  Joseph  and  the  Treaties. 

48  Tolmie's  Hist.  Puget  Sound,  MS.,  37;  Roberts'  Recollections*  MS.,  95. 


CHAPTER  XV. 

FURTHER  INDIAN  WARS. 

1855-1856. 

INDIAN  AFFAIRS  IN  SOUTHERN  OREGON — THE  ROGUE  RIVER  PEOPLE — EX 
TERMINATION  ADVOCATED — MILITIA  COMPANIES — SURPRISES  AND  SKIR 
MISHES—RESERVATION  AND  FRIENDLY  INDIANS  PROTECTED  BY  THE  U. 
S.  GOVERNMENT  AGAINST  MINERS  AND  SETTLERS — MORE  FIGHTING — 
VOLUNTEERS  AND  REGULARS — BATTLE  OF  GRAVE  CREEK — FORMATION 
OF  THE  NORTHERN  AND  SOUTHERN  BATTALIONS — AFFAIR  AT  THB 
MEADOWS — RANGING  BY  THE  VOLUNTEERS — THE  BEN  WRIGHT  MAS 
SACRE. 

BEFORE  midsummer,  1855,  war  was  again  brewing 
in  southern  Oregon,  the  Applegate  Creek  and  Illi 
nois  Valley  branches  of  the  Rogue  River  nation  be 
ing  the  immediate  cause.  On  one  pretence  or  an 
other,  the  former  spent  much  of  their  time  off  the 
reservation,  and  in  June  made  a  descent  on  a  mining 
camp,  killing  several  men  and  capturing  considerable 
property;  while  the  murder  of  a  white  man  on  Ind 
ian  Creek  was  charged  to  the  latter,  of  whom  a  party 
of  volunteers  went  in  pursuit. 

On  the  17th  of  June  a  company  styling  themselves 
the  Independent  Rangers,  H.  B.  Hayes,  captain, 
organized  at  Wait's  mills  in  Jackson  county,  report 
ing  to  Colonel  Ross  for  his  recognition,1  this  being 

1  The  original  copy  of  the  application  is  contained  in  the  first  volume  of 
DowelVs  Oregon  Indian  Wars,  MS.,  1-3.  This  is  a  valuable  compilation  of 
original  documents  and  letters  pertaining  to  the  wars  of  1855-6  in  southern 
Oregon,  and  furnishes  conclusive  proof  of  the  invidious  course  of  the  Salem 
clique  toward  that  portion  of  the  territory.  Dowell  has  taken  much  pains 
to  secure  and  preserve  these  fragments  of  history,  and  in  doing  so  has  vindi 
cated  his  section,  from  which  otherwise  the  blame  of  certain  alleged  illegal 
acts  might  never  have  been  removed.  Then  there  are  his  Indian  Wars; 
HIST.  OB.,  VOL.  II.  24  (  369  J 


370  FURTHER  INDIAN  WARS. 

the  first  movement  toward  the  reorganization  of  mil 
itary  companies  since  the  treaties  of  September  1853. a 
Knowledge  of  these  things  coming  to  Ambrose,  in 
charge  of  the  reservation  Indians,  Smith  of  Fort 
Lane  started  off  with  a  company  of  dragoons,  and 
collecting  most  of  the  strolling  Indians,  hurried  them 
upon  the  reservation.  Those  not  brought  in  were 
pursued  into  the  mountains  by  the  volunteers,  and 
one  killed.  The  band  then  turned  upon  their  pursu 
ers,  and  wounding  several  horses,  killed  one  man 
named  Philpot.  Skirmishing  was  continued  for  a 
week  with  further  fatal  results  on  both  sides.3 

A  party  of  California  volunteers  under  William 
Martin,  in  pursuit  of  hostile  Indians,  traced  certain  of 
them  to  the  Rogue  River  reservation,  and  made  a  de 
mand  for  their  surrender,  to  which  Commander  Smith, 
of  Fort  Lane,  very  properly  refused  compliance.  Let 
the  proper  authorities  ask  the  surrender  of  Indians 
on  a  criminal  charge,  and  they  should  be  forthcom 
ing,  but  they  could  not  be  delivered  to  a  mere  volun 
tary  assemblage  of  men.  Afterward  a  requisition  was 
made  from  Siskiyou  county,  and  in  November  two 

Scrap-Book;  Letters;  Biographies,  and  various  pamphlets  which  contain  al 
most  a  complete  journal  of  the  events  to  which  this  chapter  is  devoted. 

Benjamin  Franklin  Dowell  emigrated  from  New  Franklin,  Mo.,  in  1850, 
taking  the  California  road,  but  arriving  in  the  Willamette  Valley  in  Nov. 
He  had  studied  law,  but  now  taught  a  school  in  Polk  county  in  the  summer 
of  1851,  and  afterward  in  the  Waldo  hills.  It  was  slow  work  for  an  ambi 
tious  man;  so  borrowing  some  money  and  buying  a  pack-train,  he  began 
trrding  to  the  mines  in  southern  Oregon  and  northern  California,  following 
it  successfully  for  four  years.  He  purchased  flour  of  J.  W.  Nesmith  at  his 
mills  in  Polk  county  at  10  cents  per  lb.,  and  sold  it  in  the  mines  at  $1  and 
$1.25.  He  bought  butter  at  50  cents  per  lb.,  and  sold  it  at  $1.50;  salt  at  15 
cents  per  lb.,  and  sold  it  at  $2  and  $3  per  lb.,  and  other  articles  in  propor 
tion.  When  Scottsburg  became  the  base  of  supplies,  instead  of  the  Willa 
mette  Valley,  he  traded  between  that  place  and  the  mines.  When  war  broke 
out,  Dowell  was  'the  first  in  and  the  last  out'  of  the  fight.  After  that  he 
settled  in  Jacksonville,  and  engaged  in  the  practice  of  law  and  newspaper 
management. 

2  Or.  Argus,  June  16,  1855;  Sac.  Union,  June  12,  1855;  S.  F.  Chronicle, 
June  15,  1855;  8.  F.  Alta,  June  18,  1855. 

3  A  bottle  of  whiskey  sold  by  a  white  man  to  an  Indian  on  the  26th  of 
July  caused  the  deaths,  besides  several  Indians,  of  John  Pollock,  William 
Hennessey,  Peter  Heinrich,  Thomas  Gray,  John  L.  Fickas,  Edward  Parrish, 
F.  D.  Mattice,  T.  D.  Mattice,  Raymond,  and  Pedro.  DowvlV*  Or.  Ind.  Wars, 
MS.,  39;  Or.  Argus,  Aug.  1855,  18;  S.  F.  Alta,  Aug.  13  and  31,  1855. 


ROGUE  RIVER  TROUBLES.  371 

Indians  were  arrested  for  murder  on  the  reservation, 
and  delivered  up.4 

On  the  26th  of  August,  a  Rogue  River  Indian  shot 
and  wounded  James  Buford,  at  the  mouth  of  Rogue 
River  in  the  Port  Orford  district,  then  in  charge  of 
Ben  Wright,  who  arrested  the  savage  and  delivered 
him  to  the  sheriff  of  Coos  county.  Having  no  place 
in  which  to  secure  his  prisoner,  the  sheriff  delivered 
him  to  a  squad  of  soldiers  to  be  taken  to  Port  Orford ; 
but  while  the  canoe  in  which  the  Indian  was  seated 
with  his  guard  was  passing  up  the  river  to  a  place  of 
encampment,  it  was  followed  by  Buford,  his  partner, 
Hawkins,  and  O'Brien,  a  trader,  who  fired  at  and 
killed  the  prisoner  and  another  Indian.  The  fire  was 
returned  by  the  soldiers,  who  killed  two  of  the  men, 
and  mortally  wounded  the  third.5 

The  excitement  over  this  affair  was  very  great. 
Threats  by  the  miners  of  giving  battle  to  the  troops 
were  loud  and  vindictive,  but  the  more  conservative 
prevailed,  and  no  attack  was  made.  The  savages 
were  aroused,  and  matters  grew  daily  worse.6 

Agent  Ambrose  wrote  several  letters  which  ap 
peared  in  the  Statesman,  over  the  signature  of  'A 
Miner/  in  one  of  which,  dated  October  13th,  he  de 
clared  that  no  fears  were  to  be  entertained  of  an  out 
break  of  the  Rogue  River  Indians,  affirming  that 
they  were  peaceably  disposed,  and  had  been  so 

*  These  particulars  are  found  in  a  letter  written  by  William  Martin  to  C. 
S.  Drew,  and  is  contained  in  Dowell's  collection  of  original  documents  of 
the  Or.  Ind.  Wars,  MS.,  vol.  ii.,  32-9. 

6  Letter  of  Arago,  in  Or.  Statesman,  Sept.  22,  1855;  Sac.  Union,  Sept.  12, 
1855;  Coos  Bay  Mail,  in  Portland  Standard,  Feb.  20, 1880;  Id.,  in  8.  F.  Bul 
letin,  Feb.  6,  1880. 

6  See  Nicjiols'  Rogue  Piver  War,  MS.,  14-15.  On  the  2d  of  September, 
Granville  Keene,  from  Tenn.,  was  killed  on  the  reservation  while  assisting 
Fred.  Alberding,  J.  Q.  Taber,  and  a  fourth  man  to  reclaim  some  stolen 
horses.  Two  others  were  wounded  and  obliged  to  retreat.  About  the  last 
of  the  month,  Calvin  Fields  of  Iowa,  and  John  Cuningham  of  Sauve"  Island, 
Oregon,  were  killed,  and  Harrison  Oatman  and  Daniel  Britton  wounded, 
while  crossing  the  Siskiyou  Mountains  with  loaded  wagons  drawn  by  eigh 
teen  oxen,  which  were  also  killed.  An  express  being  sent  to  Fort  Lane,  Cap 
tain  Smith  ordered  out  a  detachment  of  dragoons,  but  no  arrests  were  made. 
Of  the  Indians  killed  in  the  mean  time  no  mention  is  made. 


372  FURTHER  INDIAN  WARS. 


throughout  the  summer.  "  God  knows,"  he  said,  "  I 
would  not  care  how  soon  they  were  all  dead,  and  I 
believe  the  country  would  be  greatly  benefited  by  it; 
but  I  am  tired  of  this  senseless  railing  against  Cap 
tain  Smith  and  the  Indian  agent  for  doing  their  duty, 
obeying  the  laws,  and  preserving  our  valley  from  the 
horrors  of  a  war  with  a  tribe  of  Indians  who  do  not 
desire  it,  but  wish  for  peace,  and  by  their  conduct 
have  shown  it." 

To  prevent  the  reservation  Indians  from  being  sus 
pected  and  punished  for  the  acts  of  others,  Superin 
tendent  Palmer  issued  an  order  October  13th  that 
the  Indians  with  whom  treaties  had  been  made,  and 
who  had  reservations  set  apart  for  them,  should  be 
arrested  if  found  off  the  reservations  without  a  per 
mit  from  the  agent.  Every  male  over  twelve  years 
of  age  must  answer  daily  to  the  roll-call.  Early  in 
October  it  became  known  that  a  party  of  wandering 
Indians  were  encamped  near  Thompson's  Ferry,  on 
Rogue  River,  and  that  among  them  were  some  sus 
pected  of  annoying  the  settlers.  A  volunteer  com 
pany  of  about  thirty,  under  J.  A.  Lupton,  proceeded 
at  a  very  early  hour  of  the  morning  of  October  8th  to 
the  Indian  camp  at  the  mouth  of  Butte  Creek,  and 
opened  fire,  killing  twenty-three  and  wounding  many. 
The  Indians  returned  it  as  well  as  they  were  able, 
and  succeeded  in  killing  Lupton,  and  in  wounding 
eleven  others.7  When  daylight  came  it  was  found 
by  the  mangled  bodies  that  they  were  mostly  old 
men,  women,  and  children,  whom  these  brave  men 
had  been  butchering!  The  survivors  took  refuge  at 
the  fort,  where  they  exhibited  their  wounds  and 
made  their  lamentations  to  Captain  Smith,  who  sent 
his  troops  to  look  at  the  battle-field  and  count  the 
slain.  It  was  a  pitiful  sight,  and  excited  great  in 
dignation  among  the  better  class  of  white  men.8 

7  Among  them  Shepard,  Miller,  Pelton,  Hereford,  Gates,  and  Williams. 
Letter  of  C.  S.  Drew,  in  DowcWs  Or.  Ind.  Wars,  MS.,  29;  Nottarts,  in  Or. 
Statesman,  Oct.  27,  1855;  Nichols*  Ind.  Affairs,  MS.,  20. 

*  Cram's  Top.  Mem.,  44;  Letter  of  Palmer  to  General  Wool,  in  U.  S.  //. 


SOUTHERN  OREGON  ABLAZE.  373 

On  the  morning  of  the  9th  of  October  the  Indians 
appeared  in  the  upper  part  of  the  Rogue  River  Val 
ley  in  considerable  numbers.  They  were  first  seen  at 
Jewett's  ferry,  where  during  the  night  they  killed  two 
men  in  charge  of  a  train  and  wounded  another. 
After  firing  upon  Jewett's  house,  they  proceeded  to 
Evans'  ferry  about  daybreak,  where  they  mortally 
wounded  Isaac  Shelton  of  the  Willamette  Valley  on 
his  way  to  Yreka.  Pursuing  their  way  down  the  val 
ley  to  the  house  of  J.  K.  Jones,  they  killed  him, 
wounded  his  wife  so  that  she  died  next  day,  and 
burned  the  house  after  pillaging  it.  From  there  they 
went  to  Wagoner's  place,  killing  four  men  upon  the 
way.  Wagoner  had  a  short  time  before  left  home 
to  escort  Miss  Pellet,  a  temperance  lecturer  from 
Buffalo,  New  York,9  to  Sailor  Diggings,  where  she  was 
to  lecture  that  evening.  Mrs  Wagoner  was  alone 
with  her  child  four  years  of  age,  and  both  were  burned 
in  the  house.  They  next  proceeded  to  the  house  of 
George  W.  Harris,  who  seeing  their  approach,  and 
judging  that  they  meant  mischief,  ran  into  the  house, 
seized  his  gun,  and  fired  two  shots,  killing  one  and 
wounding  another,  when  he  received  a  fatal  shot. 
His  wife  and  little  daughter  defended  themselves  with 
great  heroism  for  twenty-four  hours,  when  they  were 
rescued  by  Major  Fitzgerald.  And  there  were  many 
other  heroic  women,  whose  brave  deeds  during  these 
savage  wars  of  southern  Oregon  must  forever  remain 
unrecorded.10 

As  soon  as  the  news  reached  Jacksonville  that  the 
Rogue  River  settlements  were  attacked,  a  company 
of  some  twenty  men  hastened  to  take  the  trail  of  the 
Indians  down  the  river.  An  express  was  despatched 

Ex.  Doc.  93,  112,  34th  cong.  1st  sess.;  Sober  Sense,  in  Or.  Statesman,  Oct.  27, 
1855;  Letter  of  Wool,  in  U.  S.  Sen.  Ex.  Doc.  66,  59;  34th  ccmg.  1st  sess. 

9 Or.  Argus,  Sept.  29,  1855. 

10  See  California  Inter  Pocula,  this  series,  passim.  'It  was  stated  that 
Mrs  Harris,  when  relieved,  was  so  marked  with  powder  and  blood  as  to  be 
hardly  recognizable. '  Or.  Statesman,  March  3,  1856.  Mrs  Harris  afterward 
married  Aaron  Chambers,  who  came  to  Oregon  in  1852,  was  much  respected, 
and  died  in  1869.  Jacksonville  Or.  Sentinel,  Sept.  18,  1869. 


374  FURTHER  INDIAN  WARS. 

to  Fort  Lane,  to  Captain  Smith,  who  sent  a  detach 
ment  of  fifty-five  mounted  men,  under  Major  Fitzger 
ald,  in  pursuit  of  the  savages.11 

The  volunteer  and  regular  forces  soon  combined  to 
follow,  and  if  possible  to  have  battle  with  the  Indians. 
Passing  the  bodies  of  the  slain  all  along  their  route, 
they  came  to  Wagoner's  place,  where  thirty  of  the 
savages  were  still  engaged  in  plundering  the  premises. 
On  the  appearance  of  the  volunteers,  the  Indians, 
yelling  and  dancing,  invited  them  to  fight,12  but  when 
the  dragoons  came  in  sight  they  fled  precipitately  to 
the  mountains.  After  pursuing  for  about  two  miles, 
the  troops,  whose  horses  were  jaded  from  a  night 
inarch  of  twenty-five  miles,  being  unable  to  overtake 
them,  returned  to  the  road,  which  they  patrolled  for 
some  hours,  marching  as  far  as  Grave  Creek,  after 
which  they  retired  to  Fort  Lane,  having  found  no  Ind 
ians  in  that  direction.13  The  volunteers  also  returned 
home  to  effect  more  complete  organization  before  un 
dertaking  such  arduous  warfare  against  an  implacable 
foe  who  they  now  were  assured  was  before  them. 
There  were  other  parts  of  the  country  which  likewise 
required  their  attention. 

About  the  10th  of  October,  Lieutenant  Kautz  left 
Port  Orford  with  a  small  party  of  citizens  and  sol 
diers  to  examine  a  proposed  route  from  that  place  to 
Jacksonville.  On  arriving  at  the  big  bend  of  Rogue 
River,  about  thirty  miles  east  from  Port  Orford,  he 
found  a  party  of  settlers  much  alarmed  at  a  threatened 

11  At  that  very  moment  an  express  was  on  its  way  from  Vancouver  to  Fort 
Lane,  calling  for  Major  Fitzgerald  to  reenforce  Major  Haller  in  the  Yakima 
country    Or.  Statesman,  Oct.    20,    1855.     Peupeumoxmox   was  threatening 
the  Walla  Walla  Valley,  and  the  Indians  on  Puget  Sound  preparing  for  the 
blow  which  they  were  to  strike  at  the  white  settlements  two  weeks  later,  a 
coincidence  of  events  significant  of  combination  among  the  Indians.  DowelVs 
Letters,  MS.,  35;  Graver's  Pub.  Life,  MS.,  74;  Autobiog.  of  H.  C.  Huston,  in 
Brown's  Or.  Misc.,  MS.,  48;  Dowel? s  Or.  Ind.  War,  MS.,  33-9;  Or.  Argus, 
Oct.  27;  Evans'  Fourth  of  July  Address,  in  New  Tacoma  Ledger,  July  9,  1880. 

12  Hayes1  Ind.  Scraps,  v.  145;   Yreka  Union,  Oct.  1855. 

13  Three  men  were  killed  on  Grave  Creek,  12  miles  below  the  road,  on  the 
night  of  the  9th.  J.  W.  Drew,  in  Or.  Statesman,  Oct.  20,  1855. 


NOTABLE  SAVAGES.  375 


attack  from  Applegate  Creek.  Kautz  returned  to  the 
fort  for  a  better  supply  of  arms  and  ammunition,  in 
tending  to  resist  the  advance  of  the  hostile  party, 
should  he  fall  in  with  it.  A  few  days  after  resuming 
his  march  he  was  attacked  by  a  portion  of  the  band, 
losino-  five  of  his  men,  two  soldiers  and  three  citizens. 
Thelndians  were  only  prevented  from  securing  a 
considerable  amount  of  ammunition  by  the  precaution 
of  Kautz  in  unloading  the  pack-mules  at  the  begin 
ning  of  the  battle.  He  was  able  to  secure  an  orderly 
retreat  with  the  remainder  of  his  party.14  The  only 
Indians  in  the  whole  country,  from  Yreka  to  the 
Unipqua  canon,  who  could  be  regarded  other  than 
enemies  were  those  under  Rogue  River  Sam,  who 
since  the  treaty  of  1853  had  kept  faith  with  the 
white  people;  the  Shastas,  the  natives  of  Scott  Val 
ley,  and  many  of  the  people  about  Grave  and  Cow 
creeks,  and  the  Urnpquas  being  concerned  in  the  war, 
in  which  the  Shastas  were  principals,  under  the  lead 
ership  of  Chief  John.  The  Klamaths  were  also  hos 
tile.15 

To  meet  a  savage  enemy,  well  armed  and  prepared 
for  war,  knowing  every  mountain  fastness,  and  having 
always  the  advantage  of  chosen  positions,  was  not 
practicable  with  anything  like  equal  numbers, 
mating  the  fighting  men  of  the  enemy  at  no  more  than 
400,  it  would  require  three  or  four  times  that  number 
to  engage  them,  because  of  their  ability  to  appear  un 
expectedly  at  several  points;  at  the  same  time  to  dis 
appear  as  rapidly;  and  to  wear  out  the  horses  and  men 
of  the  white  forces  in  following  them.  The  armed 
men  that  were  mustered  in  Rogue  River  Valley  be 
tween  the  9th  and  llth  of  October  amounted  to  only 
about  150,  not  from  any  want  of  courage,  but  from 
want  of  arms.16  No  attempt  at  permanent  organiza- 

Romie  River  War  Speech,  14. 
»f  Ambrose  to  Palmer,  in  U.  8.  H.  Ex.  Doc.  93,  62-65,  34th  cong. 


1st  sess. 
16  Sa 

the  coil..-., . 
skilful  in  the  use  of  them. 


8  ^Sa'vs  Ambrose:  'As  in  the  war  of  1853,  the  Indians  have  all  the  guns  in 
the  country.     Those  Indians  have  each  a  good  rifle  and  revolver,  and  are 


376  FURTHER  INDIAN  WARS. 

tion  was  made  by  the  territorial  militia  before  the 
12th,  the  armed  companies  being  governed  by  the 
apparent  necessities  of  the  case.17 

'  On  the  12th  of  October  Colonel  Ross  began  the  or 
ganization  of  a  volunteer  force  under  the  laws  of  the 
territory18  by  ordering  James  H.  Russel,  major  of  the 
9th  regiment,  to  report  to  him  immediately.  Some  of 
the  captains  of  the  militia  were  already  in  the  field; 
other  companies  were  headed  by  any  one  who  had  the 
spirit  of  a  leader.  These  on  application  of  the  citizens 
of  their  neighborhoods  were  duly  commissioned.19 

17  A  company  under  Rinearson  was  divided  into  detachments,  and  sent,  on 
the  evening  of  the  10th,  ten  to  the  mouth  of  the  Umpqua  canon,  five  three 
miles  south  to  Leving's  house,  five  to  Turner's  seven  miles  farther  south,  six 
to  the  Grave  Creek  house.  On  the  next  day  thirty  men  made  a  scout  down 
Grave  Creek,  and  down  Rogue  River  to  the  mouth  of  Galice  Creek,  the  set 
tlers  placing  at  their  disposal  whatever  supplies  of  blankets,  provisions,  or 
arms  they  were  able  to  furnish;  yet  twelve  of  Rinearson's  company  had  no 
other  weapons  than  pistols.  A.  G.  Henry,  in  Or.  Statesman,  Oct.  20,  1855. 
The  troops  in  southern  Oregon  at  this  time  were  two  full  companies  of  dra- 

foons  at  Fort  Lane  under  Smith  and  Fitzgerald,  and  sixty-four  infantry  at 
Vinchester,  in  the  Umpqua  Valley,  under  Lieut  Gibson,  who  had  been  es 
corting  Williamson  on  his  survey  of  a  railroad  route  from  the  Sacramento  to 
the  Willamette  Valley,  and  who  now  retraced  his  steps  to  Fort  Lane.  The 
small  garrison  at  Fort  Orford  was  not  available,  and  Fitzgerald's  company 
was  during  the  month  ordered  to  reenforce  Major  Rains  at  The  Dalles;  hence 
one  company  of  dragoons  and  one  of  infantry  constituted  the  regular  force 
which  could  be  employed  in  the  defence  of  the  south  country  during  the  com 
ing  winter. 

18The  original  orders  are  to  be  found  in  DowelVs  Or,  Ind.  Wars,  MS., 
vol.  i.  45,  47,  53. 

19 M.  C.  Barkwell  wrote  Ambrose  that  at  his  request  R.  L.  Williams 
would  raise  a  company  for  the  protection  of  that  locality.  The  settlers  about 
Althouse,  on  Illinois  River,  petitioned  to  have  Theoron  Crook  empowered  to 
raise  a  company  to  range  the  mountains  thereabout;  signed  by  Hiram  Rice, 
J.  J.  Rote,  Frederick  Rhoda,  Lucius  D.  Hart,  S.  Matthews,  Charles  F.  Wil 
son,  Elias  Winkleback,  S.  P.  Duggan,  John  Morrow,  Allen  Knapp,  W.  H. 
B.  Douglas,  Wm  Lane,  J.  T.  Maun,  Geo.  H.  Grayson,  R.  T.  Brickley,  J.  H. 
Huston,  L.  CofFey,  H.  Kaston,  John  Murphy,  B.  B.  Brockway,  A.  L.  Scott, 
Geo.  W.  Comegys,  James  C.  Castlcman,  D.  D.  Drake,  John  R.  Hale,  E.  R. 
Crane,  Alden  Whitney,  Joshua  Harlan,  S.  H.  Harper,  M.  P.  Howard,  R.  S. 
A.  Col  well,  George  Lake,  Thomas  Lake,  George  Koblence,  Jacob  Randbush, 
Peter  Colean,  U.  S.  Barr,  William  Lance,  Robert  Rose,  N.  D.  Palmer,  James 
Hole,  E.  D.  Cohen,  Sigmund  Heilner,  Wm  Chapman,  John  E.  Post,  John  W. 
Merideth,  A.  More,  ThosFord,  and  Gilharts.  DoiveWs  Or.  Ind.  Wars,  MS., 
vol.  i.  33-5. 

The  white  men  of  Phoenix  mills,  Illinois  Valley,  of  Deer  Creek,  and  Galice 
Creek  also  petitioned  for  permission  to  raise  companies  for  defence,  and  the 
outlying  settlements  prayed  for  armed  guards  to  be  sent  them.  The  petition 
from  Phoenix  mills  was  signed  by  S.  M.  Waite,  S.  Colver,  Joseph  Tracy, 
Jarius  F.  Kennedy,  M.  M.  Williams,  and  J.  T.  Gray;  that  from  liiinois  Val 
ley  and  Deer  Creek  by  John  D.  Post,  William  Chapman,  G.  E.  Briggs,  J.  N. 


GENERAL  UPRISING.  377 

Where  the  people  in  remote  or  isolated  situations 
asked  for  armed  guards,  a  few  men  were  despatched 
to  those  localities  as  soon  as  they  could  be  armed.20 
Two  youne  women,  Miss  Hudson  and  Miss  Wilson, 
having  been  murdered21  while  travelling  on  the  Cres 
cent  City  road,  October  10th,  A.  S.  Welton  was  as 
signed  the  duty  of  keeping  open  a  portion  of  that 
highway,  over  which  was  carried  most  of  the  goods 
which  entered  the  Illinois  and  Rogue  River  valleys 
at  this  time;  guards  being  also  afforded  to  pack-trains 
on  the  various  routes  to  prevent  their  capture  by  the 
Indians.  Considering  the  obstacles  to  be  overcome, 
and  the  nature  of  the  service,  the  organization  of  the 
9th  regiment  was  remarkably  expeditious  and  com 
plete,  and  its  operations  were  well  conducted. 

The  first  engagement  between  the  volunteers  and 
Indians  was  on  Rogue  River,  where  W.  B.  Lewis  of 
company  E  was  encamped  on  Skull  bar,  a  short  dis 
tance  below  the  mouth  of  Galice  Creek.  Scouts  re 
ported  the  enemy  near,  and  evidently  preparing  an 
attack.  In  camp  were  all  the  miners  from  the  dig 
gings  in  the  vicinity,  including  nine  Chinamen,  who 
had  been  robbed  and  driven  from  their  claims,  and 
several  Indian  women  and  boys  who  had  been  cap 
tured. 

The  bar  is  on  the  south  side  of  the  river,  with  a 
high  mountain  in  the  background,  covered  with  a 
dense  growth  of  hazel  and  young  firs.  Around  the 
camp  for  some  distance  the  thickets  were  cut  away, 
so  as  to  afford  no  harbor  for  lurking  savages,  and  a 

Knight,  A.  J.  Henderson,  William  B.  Hay,  L.  Reeves,  Joseph  Kirby,  R.  T. 
Olds*  Samuel  White,  William  E.  Randolph,  Frederick  Rhoda  L  D  Hart, 
Alexander  McBride,  C.  C.  Luther,  S.  Scott,  O.  E.  Riley,  J  T  L.  MiUs,  and 
Coltiuell  On  the  26th  a  company  was  organized  in  Illinois  Valley.  Orrin  I. 
Root  was  chosen  captain,  and  sent  to  Jacksonville  for  his  commission.  In 
this  way  most  of  the  companies  were  formed. 

520  On  cue  5th  of  Nov.  Ross  ordered  Gardner  with  10  men  to  protect 
Thompson's  place  on  Applegate  Creek.  F.  R.  Hill  was  ordered  to  raise  a 
company  for  Grave  Creek,  etc. 

*Evwut  Protection  to  Immigrants,  59.  This  is  a  compilation  of  docu 
ments  on  the  subject  of  the  protection  afforded  by  Walker's  company  m 
1854,  with  statistics  of  Indian  outrages.  The  same  matter  is  in  U.  A.  ben. 
Ex.  Doc.  40,  35th  cong.  2d  sess. 


378  FURTHER  INDIAN  WARS. 

breast-work  of  logs  thrown  up  on  the  side  most  ex 
posed  to  attack. 

On  the  17th  of  October  the  bushes  were  found  to 
be  alive  with  savages.  J.  W.  Pickett  made  a  charge 
with  six  men,  who  were  so  warmly  received  that  they 
were  glad  to  retreat,  Pickett  being  killed.  Lieuten 
ant  Moore  then  took  a  position  under  a  bank,  on  the 
side  attack  was  expected,  which  he  held  four  hours, 
exposed  to  a  heavy  fire;  he  and  nearly  half  of  his 
men  were  wounded,  when  they  were  compelled  to  re 
treat.  One  of  the  men,  being  mortally  shot,  fell  be 
fore  reaching  the  shelter  of  the  camp,  and  a  comrade, 
Allan  Evans,  in  the  effort  to  bring  him  in,  was  severely 
wounded.  Captain  Lewis  was  three  times  struck. 

The  Indians,  discovering  that  the  weak  point  of 
the  volunteer  force  was  on  the  left,  made  a  bold 
attack,  in  which  they  lost  one  of  their  most  noted 
Shasta  warriors.  Finding  they  could  not  dislodge 
the  volunteers  with  balls,  they  shot  lighted  arrows 
into  their  camp.  All  day  the  firing  was  kept  up, 
and  during  the  battle  every  house  in  the  mining  town 
of  Galice  Creek  was  burned  except  the  one  occu 
pied  as  the  company's  headquarters.  By  night  one 
third  of  the  company  of  thirty-five  were  killed  and 
wounded.22  Thereupon  the  enemy  retired,  their  loss 
not  ascertained. 

"I  am  proud  to  say,"  wrote  Lewis  to  his  colonel, 
"that  we  fought  the  hardest  battle  ever  fought  this 
side  of  the  Rocky  Mountains.  More  than  2,500 
shots  from  the  enemy,  but  every  man  stood  his 
ground,  and  fought  the  battle  of  a  lover  of  his  coun- 

try." 

On  the  day  of  the  battle  Ross  wrote  Smith,  at 
Fort  Lane,  that  Chief  John  of  Scott  Valley  had 
gone  up  Applegate  Creek  with  eighty  warriors;  and 
that  Williams  was  in  that  vicinity  with  a  limited 

"Killed,  J.  W.  Pickett,  Samuel  Saunders;  mortally  wounded,  Benjamin 
Taft,  Israel  D.  Adams;  severely  wounded,  Lieut  Wm  A.  J.  Moore,  Allan 
Evans,  Milton  Blackledge,  Joseph  Umpqua,  John  Erioson,  and  Captain  W. 
B.  Lewis.  Report  of  Capt  Lewis,  in  Dowdfs  Or.  Ind.  War.,  MS.,  ii.  18. 


STRUGGLES  AGAINST  DESTINY.  379 

force-23  also  that  J.  B.  Wagoner24  and  John  Hilltnan 
had  on  the  19th  been  despatched  to  Gahce  Creek. 

It  was  all  of  no  use.  Let  them  kill  and  steal  and 
burn  never  so  bravely,  the  fate  of  the  savages  was 
fixed  beforehand;  and  that  not  by  volunteers  white 
or  black,  but  by  almighty  providence,  ages  betore 
their  appearing,  just  as  we  of  the  present  dominant 
race  must  fade  before  a  stronger,  whenever  such  a 

one  is  sent.  . 

The  red  men  continued  their  ravages,  and  the  white 
men  theirs,  sending  their  bands  of  volunteers  and  reg 
ulars  hither  and  thither  all  over  the  country  in  con 
stantly  increasing  numbers;  and  to  the  credit  ot  gov 
ernment  officers  arid  agents,  be  it  said  that  while  the 
miners  and  settlers  were  seeking  the  shortest  road  to 
end  the  difficulties,  they  interposed  their  strength  arid 
influence  to  protect  innocent  red  men  while  defending 

the  white.  f 

Meantime,  those  who  had  in  charge  the  duti 
providing  subsistence  and  transportation  for  the  vol 
unteers  were  not  without  serious  cares.  Assistant 
quartermasters  and  commissaries  were  appointed  m 
different  sections,  but  owing  to  their  inexperience 
or  inability,  the  service  was  very  unsatisfactory. 
Fifteen  companies25  were  in  the  field  by  the  20th 
of  October,  but  the  Indians  kept  them  all  employed. 


-xpress  rider  from  Oct.  13th,  five  days 


.          , 

after  the  murder  of  his  wife  and  child,  as  long  as  first  volunteer  service 
Lsled-a  service  full  of  danger  and  hardship.  See  instructions  in  Dowells 
Or.  Ind.  Wars,  MS.,  i.  63.  Q  .  „  T 

"Report  of  Capt.  Rinearson,  in  DowdVsOr.  Ind.  War  MS.,  £  77.  I  can 
name  12  of  them.  Co.  A,  T.  S.  Hams  capt.;  ^\J|g»RBSV^ 
Co  C,  J.  S.  Rinearson  capt.,  lieuts  W.  P.  Wing,  I.  N.  Bently  R.  W.  Henry, 
Co  D  R.  L.  Williams  capt.,  E.  B.  Stone  1st  lieut,  sergeant  E.  K.  ^Elliott; 
Co  E  W  B.  Lewis,  capt.,  lieuts  W.  A.  J.  Moore  White;  sergt  I  D. 
\dams;  Co.  F,  A.  S.  Welton  capt.;  Co.  G,  Miles  TAlcorn  capt  heut  J. 
M  Osborne;  Co.  H,  W.  A.  Wilkinson  capt.;  Co.  £  T_  Smith  capt.  ;  Co.  K 
S  A  Frye  capt.;  Co.  L,  Abel  George  capt.;  Co  M,  F.  R.  Hill  capt.  1  fie 
nantsofV  JP  Gardner,  Orrin  Root,  M.  M.  Williams,  Hayes  and  M  P. 
Howard  appear  in  the  official  correspondence  as  captains;  ^^/"f^fe 
Morrison,  and  H.  P.  Conroy  as  lieutenants;  and  W.  M.  Evans  as  ordeiiy 
sergeant  C.  S.  Drew  was  appointed  adjutant;  C.  Westfeldt  quartermaster 
and  commissary;  and  C.  B.  Brooks  surgeon. 


380 


FURTHER  INDIAN  WARS. 


Not  a  pack-train  could  move  from  point  to  point  with 
out  a  guard;  not  a  settlement  but  was  threatened. 
The  stock  of  the  farmers  was  being  slaughtered 
nightly  in  some  part  of  the  valley;  private  dwellings 
were  fortified,  and  no  one  could  pass  along  the  roads 
except  at  the  peril  of  life.  I  might  fill  a  volume 
with  the  movements  of  the  white  men  during  this 
war;  the  red  men  left  no  record  of  theirs. 


ROGUE  RIVER  AND  UMPQUA  VALLEYS. 

While  both  regulars  and  volunteers  were  exploring 
the  country  in  every  direction,  the  Indians,  familiar 
with  trails  unknown  to  the  white  men,  easily  evaded 
them,  and  passed  from  point  to  point  without  danger. 
At  the  very  time  when  Judah  of  the  regulars,  and 


FITZGERALD  AT  GRAVE  CREEK. 


Bruce  and  Harris  of  the  volunteers,  had  returned 
exhausted  from  a  long  and  fruitless  pursuit,  and  when 
Ross  expressed  the  opinion  that  the  main  body  of  the 
enemy  was  still  in  the  vicinity  of  The  Meadows, 
and  below  Galice  Creek  on  Rogue  River,  the  Indians 
suddenly  appeared  October  23d  in  the  Cow  Creek  val 
ley,  and  began  their  depredations.  Their  first  act  of 
hostility  in  this  quarter  was  to  fire  upon  a  party  of 
wagoners  and  hog-drovers  at  the  crossing  of  Cow 
Creek,  instantly  killing  H.  Bailey  of  Lane  county, 
and  wounding  Z.  Bailey  and  three  others.  The  re 
maining  men  retreated  as  rapidly  as  possible,  pursued 
by  the  savages,  who  followed  and  harassed  them  for 
two  or  three  hours.  The  same  day  they  attacked 
the  settlements  on  Cow  Creek,  burning  the  houses  of 
Turner,  Bray,  Redfield,  Fortune,  and  others. 

On  the  28th  of  October  Fitzgerald  being  in  the 
vicinity  of  Grave  Creek  discovered  Indians  encamped 
a  few  miles  south  of  Cow  Creek  in  the  Grave  Creek 
hills,26  and  determined  to  attack  them.  Ross,  on  re 
ceiving  a  despatch  from  Fitzgerald,  set  out  on  the  29th 
for  the  rendezvous,  having  sent  to  captains  Harris, 
Welton,  George,  Williams,  and  Lewis.  Bruce  and  Ri- 
nearson,  who  had  but  just  come  in,  were  directed  to 
join  the  combined  forces  at  Grave  Creek,  where  were 
concentrated  on  the  30th  about  250  volunteers27  and 
105  regulars,  only  a  portion  of  Fitzgerald's  troop  being 
available  on  account  of  the  illness  of  its  commander. 
Two  companies  of  a  battalion  called  out  by  Governor 
Curry  were  lying  at  a  place  about  a  day's  march  south 
of  Umpqua  canon,  under  the  command  of  captains  Jo 
seph  Bailey  and  Samuel  Gordon. 

When  Ross  reached  the  rendezvous  late  at  night, 
he  found  the  captain  of  the  1st  dragoons  awaiting 
him,  impatient  for  an  attack.28  Spies  from  his  own 

26  This  band  had  attacked  Kautz  and  his  surveying  party  a  few  days  pre 
vious,  killing  two  soldiers  and  three  settlers. 

«  Letter  of  L.  C.  Hawley  in  Or.  Statesman,  Nov.  24,  1855.  Another  gives 
the  number  at  387.  DoweWs  Or.  Ind.  Wars. 

28  Letter  of  John  E.  Ross  to  C.  S.  Drew  in  DowelVs  Or.  Ind.  Wars,  MS., 
i.  93. 


382  FURTHER  INDIAN  WARS. 

and  Captain  Bruce's  company  had  reconnoitred  the 
enemy's  position,  which  was  found  to  be  on  a  hill,  well 
fortified,  and  extremely  difficult  of  approach.  A  map 
of  the  country  was  prepared,  and  a  forced  march  de 
termined  upon.  Orders  were  issued  to  be  ready  to 
march  at  eleven  o'clock,  though  it  was  already  half- 
past  ten.  The  plan  of  attack  was  to  plant  howitzers 
upon  an  eminence  three  fourths  of  a  mile  from  that  on 
which  the  Indians  were  encamped,  and  after  having 
divided  the  companies  into  three  columns,  so  stationed 
as  to  prevent  the  escape  of  the  Indians,  to  open  upon 
the  enemy  with  shell  and  grape-shot.  It  was  hoped 
by  this  night  march,  which  was  continued  till  morn 
ing  with  occasional  halts,  to  surprise  the  enemy,  but 
some  one  having  set  fire  to  a  tree,  that  idea  was 
abandoned.  On  arriving  at  the  edge  of  a  ravine  in 
front  of  their  position,  instead  of  planting  the  howitzers 
and  shelling  the  Indians  as  was  intended,  a  charge 

O  '  O 

was  made,  in  which  Rinearson  arid  Welton  led  with 
their  companies,  augmented  by  portions  of  several 
others,  and  a  part  of  the  regulars  rushing  in  disorder 
down  into  the  ravine,  through  the  thick  bushes,  and 
up  the  ascent  on  the  other  side,  volunteers  and  regu 
lars  all  eager  for  the  first  shot.  The  Indians  occupied 
a  mountain,  bald  on  the  side  by  which  the  troops 
were  approaching,  and  covered  with  heavy  forest  on 
the  opposite  or  north  side.  Ross  had  directed  Bailey 
and  Gordon  to  flank  on  the  north,  that  when  the  men 
in  front  should  drive  the  Indians  to  this  cover,  they 
might  be  met  by  them  and  engaged  until  the  main 
force  could  come  up.  The  attempt  was  made,  but  they 
found  it  impossible  to  pierce  the  tangled  undergrowth 
which  covered  the  steep  acclivity,  with  the  Indians 
fortified  above  them,29  and  after  having  had  several 
men  wounded,  returned  to  the  point  of  attack.  Bruce 
and  Harris  lay  concealed  a  few  hundred  yards  to  the 
south  of  the  attacking  party,  to  be  in  readiness  to  in- 

29 Lieut  Withers  says  the  Indians  had  cut  down  trees  to  form  an  obstruc 
tion  to  any  attack  on  that  side.  U.  S.  Sen.  Ex.  Doc.,  26,  34th  cong.  1st  sess. 


BATTLE  AND  RETREAT.  38? 

tercept  the  enemy  in  that  quarter;  but  finding  that 
no  enemy  came  their  way,  they  too  joined  the  army 
in  front.  In  the  mean  time  the  Indians  had  retreated, 
as  was  anticipated,  to  the  cover  of  the  woods,  and 
could  not  be  approached  without  great  peril  from  the 
open  ground.  The  day  wore  on  with  vain  endeavors 
to  get  at  them;  and  at  3  P.  M.  Smith  made  a  charge 
with  a  small  force  of  dragoons,  who  after  firing  sev 
eral  rounds  with  musketoons,  utterly  useless^  against 
the  rifles  of  the  Indians,  and  having  several  killed  and 
wounded,  fell  back  to  their  first  position. 

When  darkness  ended  the  firing,  the  troops  were 
encamped  a  short  distance  from  the  battle-ground,  at 
a  place  called  by  them  Bloody  Spring,  where  the 
wounded  were  cared  for.  At  sunrise  next  morning 
the  camp  was  attacked  from  all  sides,  the  Indians 
engaging  the  troops  until  about  the  middle  of  the 
forenoon,  when  being  repulsed  they  withdrew,  and 
the  troops  took  up  their  march  for  Grave  Creek  and 
Fort  Bailey,  carrying  their  wounded  on  litters.  ^  As 
to  the  results  of  the  battle,  the  white  men  had  little 
cause  for  congratulation.  The  volunteers  had  twenty- 
six  killed,  wounded,  and  missing;  and  the  regulars 
four  killed,  and  seven  wounded,  including  Lieutenant 
Gibson,  who  was  hit  in  the  attack  on  the  camp  on 
the  morning  of  the  1st  of  November.30  The  number 
of  Indians  killed  was  variously  estimated  at  from 
eight  to  twenty.  The  number  of  Indians  engaged 
in  the  battle  was  also  conjectured  to  be  from  100  to 

30Capt.  Rinearson's  co.,  killed,  Henry  Pearl,  Jacob  W.  Miller;  missing 
and  believed  to  be  killed,  James  Pearsy;  wounded,  Enoch  Miller,  W.  H. 
Crouch,  and  Ephraim  Yager.  Capt.  Gordon's  co. ,  wounded,  Hawkins  Shelton, 
James  M.  Fordyce,  William  Wilson.  Capt.  Bailey's  co.,  killed,  John  Gilles- 
pie;  wounded,  John  Walden,  John  C.  Richardson,  James  Laphar,  Thomas  J. 
Aubrey,  John  Pankey.  Capt.  Harris'  co.,  wounded,  Jonathan  A.  Petigrew, 
mortally,  Ira  Mayfield,  L.  F.  Allen,  William  Purnell,  William  Haus,  John 
Goldsby,  Thomas  Gill.  Capt.  Bruce's  co.,  wounded  mortally,  Charles 
Godwin.  Capt.  Welton's  co.,  wounded  mortally,  John  Kennedy.  Capt. 
William's  co.,  killed,  John  Winters;  wounded,  John  Stanner,  Thomas 
Ryan.  Of  the  regular  troops  three  were  killed  in  action  on  the  field,  and 
one  by  accidentally  shooting  himself;  among  the  seven  wounded  was  Lieut 
Gibson  Report  of  A.  G.  Henry  in  DoweWs  Gr.  Ind.  JFar*,MS.,  i.,  169-71; 
Or.  Statesman,  Nov.  17,  1855;  Ashland  Tidings,  Nov.  2, 1877. 


384  FURTHER  INDIAN  WARS. 

300.  Such  was  the  unfortunate  termination  of  a 
combined  effort  on  the  part  of  the  regular  and  volun 
teer  troops  to  check  the  war  in  its  incipiency,  and 
signified  that  time,  money,  and  blood  must  be  spent 
in  bringing  it  to  a  close.  "God  only  knows,"  writes 
a  correspondent  of  the  Statesman,  "when  or  where 
this  war  may  end .  . .  These  mountains  are  worse  than 
the  swamps  of  Florida." 

Immediately  upon  information  reaching  the  Ump- 
qua  of  the  onslaught  of  the  9th  of  October,  1855,  at 
Rogue  River,  a  petition  was  forwarded  to  Governor 
Curry,  asking  for  five  hundred  volunteers  for  defence. 
The  messenger,  S.  B.  Hadley,  giving  notice  en  route, 
among  other  places  at  Eugene  City,  a  request  was 
sent  the  governor  to  permit  Lane  county  to  organize 
a  company  for  the  war.  The  effect  of  such  petitions, 
and  of  the  letters  received  from  Rogue  River,  was  to 
cause  a  proclamation  by  the  governor,  October  15th, 
calling  for  five  companies  of  mounted  volunteers  to 
constitute  a  Northern  battalion,  and  four  companies 
of  mounted  volunteers  to  constitute  a  Southern  bat 
talion,  to  remain  in  force  until  discharged;  each  com 
pany  to  consist  of  sixty  men,  with  the  usual  comple 
ment  of  officers,  making  a  total  of  seventy-one,  rank 
and  file;  each  volunteer  to  furnish  his  own  horse, 
arms,  and  equipments,  and  each  company  to  elect  its 
own  officers,  and  thereafter  to  proceed  without  delay 
to  the  seat  of  war. 

The  proclamation  declared  that  Jackson  county 
would  be  expected  to  furnish  the  number  of  men 
required  for  the  southern  battalion,  who  would  rendez 
vous  at  Jacksonville,  elect  a  major  to  command,  and 
report  to  headquarters.  The  northern  battalion  was 
to  consist  of  two  companies  from  Lane,  and  one  each 
from  Linn,  Douglas,  and  Umpqua  counties,  to  rendez 
vous  at  Roseburg.  At  the  same  time  an  order  was 
issued  from  the  office  of  E.  M.  Barnum,  adjutant- 
general,  leaving  the  movements  of  the  two  battalions 
to  the  discretion  of  their  respective  commanders,  but 


A  DEMOCRATIC  WAR.  385 

directing  that  all  Indians  should  be  treated  as  enemies 
who  did  not  show  unmistakable  signs  of  friendship. 
No  other  instruction  was  given  but  to  advise  a  con 
cert  of  action  with  the  United  States  forces  which 
might  be  engaged  in  that  section  of  the  territory.31 

Meanwhile,  communications  from  democrats  at 
Rogue  River  had  reached  the  capital,  and  imme 
diately  the  war  became  a  party  measure.  ^  ^  It  was 
ascertained  that  Ross  in  calling  out  the  militia  had 
made  several  whig  appointments  contrary  to  the  will 
of  the  ruling  party,  which  had  attacked  the  governor 
for  appointing  whig  surgeons  in  the  northern  bat 
talion;  so  paramount  were  politics  in  ministering  to 
the  wants  of  wounded  menl  The  governor,  unfor 
tunately  for  his  otherwise  stainless  record,  was  un 
able  to  stem  the  tide,  and  allowed  himself  to  become 
an  instrument  in  the  hands  of  a  clique  who  de 
manded  a  course  of  action  disgraceful  to  all  concerned. 
Five  days  after  issuing  the  proclamation,  the  gov 
ernor  ordered  disbanded  all  companies  not  duly  en 
rolled  by  virtue  of  said  proclamation,  information 
having  been  received  that  armed  parties  had  taken 
the  field  with  the  avowed  purpose  of  waging  a  war 
of  extermination  against  the  Indians  without  re 
spect  to  age  or  sex,  and  had  slaughtered  a  band  of 
friendly  natives  upon  their  reservation,  despite  the 
authority  of  the  agent  and  the  commanding  officer 
of  the  United  States  troops  stationed  there.32  The 
immediate  effect  of  the  proclamation  was  to  suspend 
volunteering  in  Douglas  county,  to  which  Ross  had 
written  to  have  another  company  raised,33  and  to 
throw  discredit  on  those  already  in  the  field. 

31  See  proclamation  and  general  order,  in  Or.  Statesman,  Oct.  20,  1855;  Or. 
Arqus,  Oct.  20,  1855.  . 

'32Grover  in  the  legislature  of  1856-7  found  it  necessary  to  explain  the 
course  of  Governor  Curry  by  saying  that  'news  was  brought  to  him  of  the 
slaughter  of  Indians  by  a  rabble  from  the  neighborhood  of  Yreka;  which  in 
formation  proved  incorrect,  some  of  the  best  citizens  being  engaged  in  the 
affair  out  of  self-defence.'  Or.  Statesman,  Jan.  27,  1857.  This  explanation 
referred  to  Lupton's  attack  on  the  Indians.  Cram's  Top.  Mem.,  44;  Dowells 
Or.  Ind.  Wars,  MS.,  i.  117.  .  . 

83  See  Letter  of  Capt.  F.  R.  Hill,  in  Dowett's  Or.  Ind.  Wars,  177-8,  voL  1. 
HIST.  Oa.,  VOL.  II.    25 


386  FURTHER  INDIAN  WARS. 

The  first  companies  enrolled  under  the  governor's 
proclamation  were  the  two  called  for  from  Lane 
county,34  one  of  which,  under  Captain  Bailey,  was 
present  at  the  action  of  October  31st  and  Novem 
ber  1st,  as  already  stated.  The  next  companies  to 
respond  to  the  governor's  call  were  those  from  Linn, 
Douglas,  and  Umpqua  counties.35  These  constituted 
the  northern  battalion.  The  companies  contained 
from  87  to  111  men  each, and  were  quickly  organized, 
William  J.  Martin  being  chosen  major. 

On  the  7th  of  November  Colonel  Ross  ordered  the 
assembling  of  the  9th  regiment  at  Fort  Vannoy,  in 
order  that  all  who  desired  should  be  mustered  into 
the  territorial  service  as  members  of  the  southern 
battalion.  On  the  10th  captains  James  Bruce,  R  L. 
Williams,  William  A.  Wilkinson,  and  Miles  F.  Alcorn 
offered  and  were  accepted,  in  the  order  named,  and 
an  election  for  major  resulted  in  the  choice  of  Bruce.36 
Complaint  reaching  the  governor  that  by  disbanding 

MS.,  where  he  says:  'I  was  just  on  the  eve  of  getting  a  company  to  make 
a  start,  when  the  word  was  out  that  it  was  not  legal,  and  the  governor's 
proclamation  did  not  call  for  but  one  company  from  Douglas  and  one  from 
Umpqua.' 

34  Co.  A,  North  Battalion  0.  M.  Vols,  Lane  county,  enrolled  Oct.  23d: 
capt.,  Joseph  Bailey;  Istlieut.,  Daniel  VV.  Keith;  2d  lieut,  Cyrenus  Mulkey, 
resigned  Dec.  30th;  Charles  VV.  McClure  elected  in  his  place.     Co.  B,  Lane 
county,  enrolled  Oct.  23d:  capt.,  Laban  Buoy;   1st  lieut,  A.  W.  Patterson, 
resigned  and  transferred  to  medical  department,  L.  Poindexter  being  elected 
in  his  place;  2d  lieut,  P.  C.  Noland.  Or,  Jour.  House,  1855-6,  ap.  145. 

35  Co.  C,  Linn  county,  enrolled  Oct.  24th:    capt.,  Jonathan  Keeney;   1st 
lieut,  A.  W.  Stannard;  2d  lieut,  Joseph  Yates.     Co.  D,  Douglas  county, 
enrolled  Oct.  25th:  capt.,  Samuel  Gordon;  1st  lieut,  S.  B.  Hadley;  2d  lieut, 
T.  Prater.     Co.  E,  Umpqua  county,  enrolled  Nov.  8th:  capt.,  W.  W.  Chap 
man;  1st  lieut,  Z.  Dimmick;  2d  lieut,  J.  M.  Merrick.   Or.  Jour.  Council, 
1855-6,  ap.  146. 

36 Co.  A:  capt.,  James  Bruce;  1st  lieut,  E.  A.  Rice,  who  was  elected 
capt.  after  the  promotion  of  Bruce;  2d  lieut,  John  S.  Miller;  2d  lieut,  J.  F. 
Anderson.  Co.  B:  capt.,  R.  L.  Williams;  1st  lieut,  Hugh  O'Neal;  2d  lieut, 
M.  Bushey.  Co.  C:  capt.,  Wm  A.  Wilkinson;  1st  lieut,  C.  F.  Blake;  2d 
lieut,  Edwin  Hess.  Co.  D:  capt.,  Miles  F.  Alcorn;  1st  lieut,  James  M. 
Matney;  2d  lieut,  John  Osborn.  Or.  Jour.  House,  1855-6,  ap.  146-7.  The 
militia  organization  as  it  now  stood  comprised  the  following  officers:  A.  P. 
Dennison  and  Benj.  Stark,  aids  de  camp  to  the  gov. ;  John  F.  Miller,  quarter 
master  gen.;  A.  Zeiber  and  S.  S.  Slater,  asst  quartermaster  general;  M.  M. 
McCarver,  commissary  gen.;  B.  F.  Goodwin  and  J.  S.  Ruckle,  asst  com. 
gen.;  Wm  J.  Martin,  maj.  north  bat.;  J.  W.  Drew  and  R.  E.  Stratton,  adj. 
north  bat.;  Wm  G.  Hill  and  I.  N.  Smith,  aids  to  major  north  bat.;  James 
Bruce,  maj.  of  south  bat.;  0.  D.  Hoxie,  adj.  south  bat.;  J.  K.  Lamerick, 
mustering  officer  for  southern  Oregon.  Or.  Jour.  House,  1855-6,  ap.  143-7. 


MILITARY  ORGANIZATION.  387 

the  9th  regiment  several  sections  were  without  defence, 
Curry,  with  Adjutant  General  Barnum,  answered  in 
person,  arriving  on  the  field  about  the  last  of  Novem 
ber.  The  only  change  made,  however,  by  the  gov 
ernor's  visit  was  the  consolidation  of  the  northern  and 
southern  battalions  into  one  regiment,  to  be  called 
the  2d  Regiment  of  Oregon  Mounted  Volunteers. 
This  change  necessitated  an  election  for  regimental 
officers,  and  R.  L.  Williams  was  chosen  colonel,  while 
Martin  was  obliged  to  content  himself  as  second  in 
command. 

Immediately  after  the  battle  of  Grave  Creek  hills, 
Major  Fitzgerald  proceeded  to  Fort  Vancouver  and 
thence  to  The  Dalles,  and  his  troops  remained  in  gar 
rison  during  the  winter.  This  reduced  the  regular 
force  on  Rogue  River  to  Smith's  command.  An 
agreement  was  entered  into  between  the  regular  and 
volunteer  commanders  to  meet  at  the  Grave  Creek 
house  about  the  9th  of  November,  prepared  to  pur 
sue  and  attack  the  Indians.  In  the  mean  time  a  scout 
ing  party  of  Bailey's  company  was  to  find  the  Indians, 
who  had  disappeared,  according  to  custom,  from  their 
last  battle-ground.37 

On  the  17th  of  November  Bruce,  learning  that  a 
number  of  houses  on  Jump  Off  Joe  Creek  had  been 
burned,  sent  a  request  to  Martin  to  join  him  there. 
Communications  were  also  sent  to  the  commanders 
at  Fort  Lane  and  Fort  Jones,  and  Judah  with  a 
small  force  joined  in  pursuit  of  the  savages.  Shortly 
after,  Williams  fell  in  with  a  small  band  at  the  mouth 
of  Jump  Off  Joe  Creek  and  killed  eight.38 

87  'Just  before  they  took  their  departure  they  went  on  the  reserve,  burned 
all  the  boards  and  shingles  there,  and  every  article  of  value  belonging  to 
chief  Sam's  people;  a  temporary  house  I  had  erected  for  the  accommodation 
of  persons  laboring  on  the  reserve,  shared  the  same  fate;  they  also  killed  or 
drove  away  seven  of  the  cattle  belonging  to  the  agency.'  Agent  Ambrose  to 
Supt.  Palmer,  Nov.  30,  1855,  in  U.  8.  H.  Ex.  Doc.,  93,  p.  119,  34th  cong. 

8  380r.  Statesman,  Dec.  1, 1855;  Rept  of  Major  Martin,  Dec.  10, 1855,  in  Or. 
Jour.  House,  1855-6,  ap.  122. 


388  FURTHER  INDIAN  WARS. 

The  21st  saw  the  white  men  in  full  force  en  route 
down  Rogue  River,  some  on  one  side  and  some  on  the 
other.  After  four  days,  and  encountering  many  dif 
ficulties,  they  came  upon  the  enemy  at  The  Meadows 
and  found  them  well  fortified.  While  preparing  to 
attack,  on  the  26th,  the  Indians  opened  fire  from  a 
dense  covert  of  timber  bordering  the  river,  which 
caused  them  to  fall  back.  Being  short  of  food  and 
clothing  for  a  winter  campaign,  they  determined  for 
the  present  to  abandon  the  enterprise. 

While  the  southern  army  was  returning  to  head 
quarters,  roving  bands  of  Indians  were  committing 
depredations  in  the  Umpqua  Valley.  On  the  3d  of 
December  a  small  party  of  the  Cow  Creek  Indians 
attacked  the  settlements  on  the  west  side  of  the  south 
Umpqua,  destroying  fifteen  houses  and  much  other 
property,  compelling  the  settlers  to  shut  themselves 
up  in  forts.  On  the  24th  Captain  Alcorn  found  and 
attacked  a  camp  of  Indians  on  the  north  branch  of 
Little  Butte  Creek,  killing  eight  warriors  and  captur 
ing  some  animals.  About  the  same  time  Captain 
Rice,  hearing  of  another  camp  on  the  north  bank  of 
Rogue  River,  probably  driven  out  of  the  mountains 
by  the  weather,  which  was  exceedingly  severe  that 
winter,  proceeded  with  thirty  men  to  attack  them, 
and  after  a  battle  lasting  for  six  hours  killed  the  most 
of  them  and  took  captive  the  remainder.39 

About  the  1st  of  January,  1856,  it  was  ascertained 
that  a  party  of  Indians  had  taken  possession  of  some 
deserted  cabins  on  Applegate  Creek,  and  fortified  them. 
Major  Bruce  immediately  ordered  Captain  Rice  to 
proceed  to  that  place  and  attack  them.  Others  joined. 
About  two  miles  from  Jacksonville  they  were  fired  on 

39  'These  two  fights  have  blotted  out  Jake's  band.'  Corr.  Or.  Statesman, 
Jan.  15,  1856.  General  Wool,  in  his  official  report  of  May  30,  1856,  calls 
Jake  ' a  friendly  old  chief,'  and  says  that  his  band  comprising  30  or  40  males 
was  destroyed  by  the  volunteers,  with  all  their  huts  and  provisions,  *  expos 
ing  the  women  and  children  to  the  cold  of  December,  who  in  making  their 
•way  to  Fort  Lane  for  protection,  arrived  there  with  their  limbs  frozen.' 
See  Cram's  Top.  Mem.,  45. 


FIGHTS  ON  APPLEGATE  CREEK.  389 

and  one  man  killed.40  On  arriving  at  the  cabins,  three 
of  which  were  occupied  by  the  Indians,  late  in  the  after 
noon  of  the  4th,  the  howitzer  was  planted  and  a  shell 
dropped  through  the  roof  of  one,  killing  two  of  the 
inmates.  The  white  men  had  one  killed  and  five 
wounded.  There  matters  rested  till  next  morning, 
when  the  cabins  were  found  to  be  empty,  the  Indians 
of  course  having  found  means  to  escape.  These  sav 
ages  made  good  shots  at  400  yards. 

Toward  the  middle  of  the  month  Bruce's  command 
had  a  fight  with  one  hundred  natives  on  a  branch  of 
Applegate  Creek,  the  latter  retreating  with  four  killed. 
And  thus  the  winter  wore  away,  a  dozen  bands  each 
of  white  men  and  red,  roaming  up  and  down  the 
country,  each  robbing  and  burning,  and  killing  as  best 
they  were  able,  and  all  together  accomplishing  no 
great  results,  except  seriously  to  interfere  with  traffic 
and  travel.  Exasperated  by  a  condition  so  ruinous, 
the  desire  to  exterminate  the  savages  grew  with  the 
inability  to  achieve  it.  Such  was  the  nature  of  the 
conflict  in  which,  so  far,  there  had  been  neither  glory 
nor  success,  either  to  the  arms  of  the  regular  or  vol 
unteer  service;  nor  any  prospect  of  an  end  for  years 
to  come,  the  savages  being  apparently  omnipresent, 
with  the  gift  of  invisibility.  They  refused  to  hold 
any  communication  with  the  troops,  who  sought  some 
times  an  opportunity  to  reason  with  them. 

The  men  composing  the  northern  battalion  having 
no  further  interest  in  the  war  than  at  first  to  gratify 
an  evanescent  sympathy,  or  a  love  of  adventure,  were 
becoming  impatient  of  so  arduous  and  unprofitable  a 
service,  and  so  demanded  and  received  their  dis 
charge.  General  Wool  was  then  petitioned  for  aid, 
and  he  immediately  despatched  two  companies  under 
Colonel  Buchanan.  In  the  mean  time  the  legislative 
assembly  had  elected  J.  K.  Lamerick  brigadier-gen- 


Or.  Ind.  Wars,  MS.,  ii.  19;  Lane's  Autobiography,  MS.,  107; 
firown's  Autobiography  ,  MS.,  40-1. 


390  FURTHER  INDIAN  WARS. 

eral  of  Oregon  territory;  and  in  conformity  with  a 
proclamation  of  the  executive,  he  issued  a  call  for 
four  companies  of  mounted  volunteers  to  supply  the 
place  of  the  northern  battalion,41  who  were  ordered 
to  report  to  Lieutenant-colonel  Martin  at  Roseburg. 
These  companies  were  enrolled  more  rapidly  than 
might  have  been  anticipated,  after  the  tedious  and 
fruitless  nature  of  the  war  had  become  known.42 

Captain  Buoy's  company  remained  in  the  field  un 
der  the  command  of  its  former  2d  lieutenant,  P.  C. 
Noland,  now  its  captain.  The  southern  companies 
were  recruited,  and  kept  the  field;  so  that  after  a 
month  of  suspense,  during  which  many  of  the  inhab 
itants  who  up  to  this  time  had  remained  at  their 
homesteads  unwilling  to  abandon  all  their  property, 
left  their  claims  and  removed  to  the  Willamette  Val 
ley,  or  shut  themselves  up  in  fortified  houses  to  await 
a  turn  in  events.  That  turn  it  was  hoped  General 
Lamerick,  being  a  good  democrat  and  an  experienced 
Indian-fighter,  would  be  able  to  give,  when  spring 
made  it  possible  to  pursue  the  Indians  into  the 
mountains.  It  has  been  said  that  Williams  was  in 
competent;  but  Lamerick  was  not  guiltless  of  a  blun 
der  in  ordering  all  the  new  companies  concentrated 
in  the  Umpqua  Valley;  and  the  headquarters  of  the 
southern  companies  changed  from  Vannoy  Ferry  to 
Forest  Dale,  a  place  not  in  the  line  of  the  hostile 
incursions.  Taking  advantage  of  this  disposition  of 
the  forces,  Limpy,  one  of  the  hostile  chiefs,  with  a 
party  of  thirty  warriors,  made  a  visit  to  Fort  Lane, 
bearing  a  flag  of  truce;  the  object  of  the  visit  being 
to  negotiate  for  the  release  of  some  of  the  women 
held  as  prisoners  at  the  fort. 

41  The  enrolling  officers  appointed  by  Lamerick  were  Wm  H.  Latshaw, 
A.  W.  Patterson,  Nat.  H.  Lane,  Daniel  Barnes,  James  A.  Porter,  for  com 
panies  to  be  drawn  from  Lane,  Bentou,  Douglas,  and  Linn  counties.   Or. 
Statesman,  Feb.  12,  1856. 

42  Wm  H.  Latshaw  was  elected  capt.  of  the  Lane  county  co. ;  John  Kel- 
sey  of  the  Benton  county  co.;  and  Daniel  Barnes  of  the  Douglas  county  co. 
Or.  Statesman,  Feb.  19,  1856      Of  the  co.  of  50  raised  at  Deer  Creek  (Rose- 
burg)  in  February,  Edward  Sheffield  was  elected  capt.;  S.  H.  Blunton  1st 
lieut;  Elias  Capran  2d  lieut.  Id. 


THE  COAST  TRIBES. 


Following  the  outbreak  in  October,  the  agents  on 
the  coast,  at  Port  Orford,  the  mouth  of  Rogue  River, 
and  the  mouth  of  the  Umpqua,  used  many  precau 
tions  to  prevent  the  Indians  in  their  charge  from  be 
coming  infected  with  the  hostile  spirit  of  their  breth 
ren  of  the  interior.  The  superintendent  sent  his 
agents  a  circular  containing  regulations  arid  precau 
tions,  among  which  was  the  collecting  of  the  Indians 
on  the  several  temporary  reserves,  and  compelling 
them  to  answer  to  roll-call. 

The  agent  in  charge  of  the  Indians  below  Coos  Bay 
was  Ben  Wright,  a  man  admired  and  feared  by  them. 
Learning  that  overtures  had  been  made  to  the  Co- 
quilles  and  other  coast  tribes  to  join  the  hostile  bands, 
Wright  hastened  to  visit  those  under  his  charge,  who 
lived  up  about  the  head  waters  of  the  several  small 
rivers  emptying  into  the  ocean  between  the  mouth  of 
the  Rogue  and  the  Coquille  rivers.  He  found,  as  he 
expected,  emissaries  of  the  hostile  bands  among  these 
on  the  lower  Rogue  River,  who,  though  insolent,  took 
their  departure  when  threatened  with  arrest;  and  he 
was  able,  as  he  supposed,  to  put  a  stop  to  further  ne 
gotiations  with  the  enemy,  the  Indians  promising  to 
follow  his  advice. 

On  returning  to  the  mouth  of  the  river,  he  found  the 
people  alarmed  by  rumors  of  anticipated  trouble  with 
the  Coquilles,  and  again  hastened  to  arrest  any  mis 
chief  that  might  be  brewing  in  that  quarter.  He  found 
these  Indians  quiet,  and  expressing  great  friendship, 
but  much  in  fear  of  an  attack  from  the  settlers  of  the 
Umpqua  Valley,  who  they  had  been  told  were  coming 
to  kill  them  all.  Their  uneasiness  appeared  to  be  in 
creased  by  discovering  in  their  neighborhood  a  large 
camp  of  the  families,  women  and  children,  of  the  hos 
tile  bands,  with  a  few  men  to  guard  them,  knowing 
that  such  a  circumstance  would  be  liable  to  be  con 
strued  against  them.  They  were  promised  an  agent 
to  remain  with  them  and  ward  off  trouble  until  the 
excitement  should  have  abated. 


392  FURTHER  ITOIAN  WARS. 

Returning  to  the  coast,  Wright  fell  in  with  a  party 
of  armed  men  from  Coos  Bay  going  toward  the  Ind 
ian  camp  with  the  determination  to  destroy  it.  To 
these  men  he  represented  that  the  Coquilles  were 
friendly,  and  returned  with  them  to  their  camp,  where 
he  succeeded  in  convincing  each  that  neither  had  any 
occasion  to  fear  the  other;  and  appointing  one  of  their 
number  sub-agent  on  the  spot,  again  returned  to  the 
coast  with  the  others.  At  Randolph  he  found  the 
settlers  greatly  excited  by  the  news  from  the  interior. 
Having  concealed  their  portable  property,  they  were 
removing  to  Port  Orford  for  safety.  At  the  mouth 
of  Rogue  River  defences  had  been  built,  and  in  their 
wrath  the  white  men  were  threatening  to  kill  or  dis 
arm  all  the  Indians  in  the  vicinity.  A  few  cool  and 
reflecting  minds  were  able,  however,  to  maintain  a 
more  prudent  as  well  as  humane  policy,  the  excite 
ment  on  both  sides  seemed  gradually  to  abate,43  and 
Wright  believed  that  with  the  assistance  of  the  troops 
at  Port  Orford  he  should  be  able  to  preserve  the  peace 
and  secure  the  public  good. 

About  the  middle  of  November  Agent  E.  P.  Drew, 
who  had  in  charge  the  Coos  Bay  and  Umpqua  Ind 
ians,  became  convinced  that  the  former  were  in  com 
munication  with  those  at  war,  and  hastily  collecting 
the  Umpquas  on  the  reservation  at  the  mouth  of  the 
river,  and  placing  over  them  a  local  agent,  went  to 
Coos  Bay.  At  Empire  City  he  found  congregated 
the  settlers  from  the  upper  Coquille  and  Coos  rivers, 
in  anticipation  of  an  outbreak.  A  company  was 
formed  and  the  savages  attacked  at  Drolley's,  on  the 
lower  branch  of  the  Coquille,  four  being  killed,  arid 
four  captured  and  hanged.  There  were  few  troops  at 
Port  Orford  when  the  war  broke  out,  and  these  would 
have  been  removed  to  the  north  on  the  call  of  Major 


43  Collector  Dunbar  at  Port  Orford  wrote  to  Palmer  that  there  was  no 
doubt  that  Wright  could  maintain  peace  in  his  district.  'Ben  is  on  the  jump 
day  and  night.  I  never  saw  in  my  life  a  more  energetic  agent  of  the  public. 
His  plans  are  all  good,  there  can  be  no  doubt  of  it.'  17.  S.  II.  Ex.  Doc.,  93. 
127-9,  34th  cong.  1st  sess. 


MASSACRE  AT  WHALESHEAD.  393 

Raines  had  not  Wright  represented  so  powerfully  to 
Major  Reynolds,  who  came  to  take  them  away,  the 
defenceless  condition  of  the  settlements  in  that  event, 
that  Reynolds  was  induced  to  remain.  Still  feeling 
their  insecurity,  the  white  inhabitants  of  Whaleshead, 
near  the  mouth  of  Rogue  River,  as  I  have  mentioned, 
erected  a  rude  fort  upon  an  elevated  prairie  on  the 
north  bank  of  that  stream.  A  company  of  volun 
teers  was  also  organized,  which  had  its  encampment 
at  the  big  bend  of  Rogue  River  during  the  winter; 
but  on  the  proclamation  of  the  governor  in  February, 
calling  for  new  companies  to  reorganize,  the  1st  regi 
ment  of  Oregon  Mounted  Volunteers  had  moved  down 
near  the  settlement  in  order  to  fill  up  its  ranks  to  the 
standard  fixed  by  the  proclamation,  of  sixty  privates 
and  eleven  officers. 

The  conduct  of  the  Indians  under  Wright  had  been 
so  good  since  the  punishment  of  the  Coquilles  in  the 
early  part  of  the  winter  that  no  apprehensions  were 
felt  beyond  the  dread  that  the  fighting  bands  might 
some  time  make  a  descent  upon  them;  and  for  this 
the  volunteers  had  been  duly  watchful.  But  what 
so  subtle  as  savage  hate?  On  the  night  of  the  22d 
of  February  a  dancing- party  was  given  at  Whales- 
head  in  honor  of  the  day,  and  part  of  the  volunteer 
company  was  in  attendance,  leaving  but  a  few  men 
to  guard  the  camp.  Early  on  the  morning  of  the 
23d,  before  the  dancers  had  returned,  the  guard  was 
attacked  by  a  large  body  of  Indians,  who  fell  upon 
them  with  such  suddenness  and  fury  that  but  two 
out  of  fifteen  escaped.  One,  Charles  Foster,  con 
cealed  himself  in  the  woods,  where  he  remained  an 
undiscovered  witness  of  much  that  transpired,  and 
was  able  to  identify  the  Indians  engaged  in  the  mas 
sacre,  who  were  thus  found  to  be  those  that  lived 
about  the  settlement  and  were  professedly  friendly. 

While  the  slaughter  was  going  on  at  the  volunteer 
camp  some  Indians  from  the  native  village  on  the 
south  side  of  the  river  crossed  over,  and  going  to  the 


394  FURTHER  INDIAN  WARS. 

house  of  J.  McGuire,  where  Wright  had  his  lodgings, 
reported  to  him  that  a  certain  half-breed  named 
Enos,44  notoriously  a  bad  man,  was  at  the  village,  and 
they  wished  the  agent  to  arrest  him,  as  he  was  making 
trouble  with  the  Tootootonies.  Without  the  slight 
est  suspicion  of  treachery,  Wright,  with  Captain  Po 
land  of  the  volunteers,  crossed  the  river  to  look  into 
the  matter,  when  both  were  seized  and  killed.45  The 
bodies  were  then  so  mutilated  that  they  could  not  be 
recognized. 

The  death  of  Wright  is  a  sad  commentary  on  these 
sad  times.  He  was  a  genial  gentleman,  honest,  frank, 
brave,  the  friend  and  protector  of  those  who  slew 
him.  It  is  a  sad  commentary  on  the  ingratitude  of 
man,  who  in  his  earlier  and  lower  estate  seems  fitted 
to  be  ruled  by  fear  rather  than  by  love.  During  these 
troublous  times  in  southern  Oregon,  I  am  satisfied 
that  the  United  States  government  endeavored  to  do 
its  best  in  pursuing  a  moderate  and  humane  policy; 
and  it  was  singularly  fortunate  about  this  time  in 
having  as  a  rule  conscientious  and  humane  men  in 
this  quarter,  determined  at  the  peril  of  their  lives  to 
defend  their  charge  from  the  fury  of  the  settlers  and 
miners,  who  were  exasperated  beyond  endurance  by 
having  their  houses  burned  and  their  wives  and  chil 
dren  captured  or  slain.  And  to  none  is  the  tribute 
of  praise  more  justly  due  than  to  Benjamin  Wright, 
who  died  at  his  post  doing  his  duty. 

44  This  half-breed  Enos  was  formerly  one  of  Fremont's  guides,  and  is 
spoken  of  by  Fremont  as  a  very  brave  and  daring  Indian.  Corr.  Or.  Statesman, 
March  11,  1856;  Indian  Aff.  Ee.pt.,  1856,  p.  201-2;  Crescent  City  Herald  Extra, 
Feb.  25,  1856.  He  was  hanged  at  Fort  Orford  in  1857,  for  his  part  in  the 
massacre.  Or.  Statesman,  March  31,  1857;  Tichenor's  Historical  Correspond 
ence,  MS. 

45Parrish,  Or.  Anecdotes,  MS.,  81-3,  says  that  Wright  was  at  a  dance  in  a 
log  cabin  on  Rogue  River,  about  Christmas  1854!  and  that  with  others  he 
was  killed  for  his  treatment  of  the  women.  Dunbar  and  Nash  state  that  the 
agent  kept  a  native  woman,  Chetcoe  Jennie,  who  acted  as  interpreter,  and 
drew  from  the  government  $500  a  year  for  that  service,  and  who  betrayed 
him  to  his  death,  and  afterward  ate  a  piece  of  his  heart.  DowelVs  Or.  Ind. 
Wars,  MS.,  ii.  27;  Ind.  Aff.  Rept.,  1856,  201-2;  Or.  Statesman,  March  11, 
1856;  Crescent  City  Herald,  Feb.  26,  1856;  U.  8.  H.  Ex.  Doc.,  39,  p.  47-8, 
35th  cong.  1st  sess. 


EFFORTS  FOR  RELIEF.  395 

Nor  did  this  horrible  and  dastardly  work  end  here. 
Every  farmer  in  the  vicinity  of  Whaleshead  was  killed, 
every  house  burned  but  one,  and  every  kind  of  prop 
erty  destroyed.  The  more  distant  who  escaped  the 
massacre,  to  the  number  of  130,  fled  to  the  fort,  but 
being  poorly  armed,  might  still  have  fallen  a  prey  to 
the  savages,  had  they  not  with  their  customary  want 
of  persistence,  drawn  off  after  the  first  day's  bloody 
work.  At  nightfall  on  the  23d  a  boat  was  despatched 
to  Port  Orford  to  inform  Major  Reynolds  of  the  fate 
of  the  settlement.  But  Reynolds  could  not  go  to  the 
relief  of  Whaleshead  without  leaving  exposed  Port 
Orford,  that  place  containing  at  this  period  but  fifty 
adult  male  citizens  and  thirty  soldiers.  A  whale-boat 
was,  however,  despatched  for  the  purpose  of  keeping 
open  communication  with  the  besieged ;  but  in  attempt 
ing  to  land,  the  boat  was  swamped  in  the  surf,  and  the 
men  in  it,  six  in  number,  were  drowned,  their  bodies 
being  seized  by  the  savages  and  cut  in  pieces.  Cap 
tain  Tichenor  with  his  schooner  Nelly  went  to  bring 
off  the  people  of  Whaleshead,  but  was  prevented  by 
contrary  winds  from  approaching  the  shore.  On  the 
morning  of  the  24th  the  schooner  Gold  JBeach  left 
Crescent  City  with  a  volunteer  company,  whose  design 
was  to  attack  the  Indians.  They,  too,  were  prevented 
from  landing,  and  except  at  the  fort  the  silence  of 
death  covered  the  whole  country. 

When  the  facts  of  the  outbreak  came  to  light,  it 
was  ascertained  that  the  Indians  attacked  no  less  than 
seven  different  points  within  ten  or  twelve  hours,  and 
within  a  distance  of  ten  miles  down  the  coast  on  the 
south  side  of  Rogue  River,  and  also  that  a  general 
fresh  uprising  occurred  at  the  same  time  in  other 
localities.46 

46  The  persons  killed  in  the  first  attack  were  Benjamin  Wright,  John 
Poland,  John  Idles,  Henry  Lawrence,  Patrick  McCullough,  George  McClusky, 
Barney  Castle,  Guy  C.  Holcomb,  Joseph  Wilkinson,  Joseph  Wagner,  E.  W. 
Howe,  J.  H.  Braun,  Martin  Reed,  George  Reed,  Lorenzo  Warner,  Samuel 
Hendrick,  Nelson  Seaman,  W.  R.  Tulles,  Joseph  Seroc  and  two  sons,  John 
Geisell  and  four  children,  Mrs  Geisell  and  three  daughters  being  taken  pris 
oners;  and  subsequently  to  the  first  attack,  Henry  Bullen,  L.  W.  Oliver, 


396  FURTHER  INDIAN  WARS. 

Those  who  took  refuge  in  the  fort  were  kept 
besieged  for  thirty-one  days,  when  they  were  rescued 
by  the  two  companies  under  Colonel  Buchanan  sent 
by  General  Wool,  as  before  mentioned.  A  few  days 
after  the  arrival  of  the  troops  a  schooner  from  Port 
Orford  effected  a  landing,  and  the  women  and  chil 
dren  at  the  fort  were  sent  to  that  place,  while 
Buchanan  commenced  operations  against  the  Indians, 
as  I  shall  presently  relate  more  in  detail. 

Daniel  Richardson,  George  Trickey  and  Adolf  Schmoldt — in  all  thirty-one. 
Warner  was  from  Livonia,  N.  Y.,  Seaman  from  Cedarville,  N.  Y.  The 
drowned  were  H.  C.  Gerow,  a  merchant  of  Port  Orford,  and  formerly  of  N. 
Y. ;  John  O'Brien,  miner;  Sylvester  Long,  farmer;  William  Thompson  and 
Richard  Gay,  boatmen;  and  Felix  McCue.  Letter  of  James  C.  Franklin,  in 
Or.  Statesman,  March  18,  1856;  Crescent  City  Herald,  Feb.  25  and  May  21, 
1856;  Corr.  Coos  Bay  Mail-,  DowelVs  Or.  Lid.  Wars,  MS.,  ii.  27;  Or.  Argus, 
March  8,  1856;  Or.  Statesman,  April  29,  May  13  and  20,  1856;  S.  F.  Alta, 
March  4,  1856;  S.  F.  Bulletin,  March  12,  1856;  Cong.  Globe,  1855-6,  pt  i.,  780, 
34th  cong.  1st  sess.;  Sac.  Union,  March  1,  1856. 


CHAPTER  XYI. 

EXTERMINATION  OF  THE  INDIANS. 
1856-1857. 

GRANDE  RONDE  MILITARY  POST  AND  RESERVATION— DRIVING  IN  AND  CAG 
ING  THE  WILD  MEN — MORE  SOLDIERS  REQUIRED — OTHER  BATTAL 
IONS—DOWN  UPON  THE  RED  MEN— THE  SPRING  CAMPAIGN— AFFAIRS 
ALONG  THE  RlVER — HUMANITY  OF  THE  UNITED  STATES  OFFICERS  AND 
AGENTS— STUBBORN  BRAVERY  OF  CHIEF  JOHN— COUNCILS  AND  SURREN 
DERS—BATTLE  OF  THE  MEADOWS— SMITH'S  TACTICS— CONTINUED  SKIR 
MISHING — GIVING-UP  AND  COMING-IN  OF  THE  INDIANS. 

WHEN  Superintendent  Palmer  determined  to  re 
move  from  the  Rogue  River  and  Umpqua  reserva 
tions  the  Indians  who  had  observed  the  treaties,  to  an 
encampment  in  the  small  and  beautiful  valley  on  the 
western  border  of  Yamhill  and  Polk  counties,  known 
as  the  Grand  Rond,  so  great  was  the  anger  and  op 
position  of  the  white  people  of  the  Willamette  in 
thus  having  these  savages  brought  to  their  door,  so 
loud  their  threats  against  both  Indians  and  agents, 
that  it  was  deemed  prudent  to  ask  General  Wool  for 
an  escort  and  guard.  Palmer  wrote  Wool  that  he 
believed  the  war  was  to  be  attributed  wholly  to  the 
acts  of  the  white  population,  and  that  he  ^  felt  it  his 
duty  to  adopt  such  measures  as  would  insure  the 
safety  of  the  Indians,  and  enable  him  to  maintain 
treaty  stipulations,1  recommending  the  establishment 

1  'The  future  will  prove,'  said  Palmer,  'that  this  war  has  been  forced  upon 
those  Indians  against  their  will,  and  that,  too,  by  a  set  of  reckless  vagabonds, 
for  pecuniary  and  political  objects,  and  sanctioned  by  a  numerous  population 
who  regard  the  treasury  of  the  United  States  a  legitimate  subject  of  plun 
der.'  U.  S.  H.  Ex.  Doc.,  93,  24,  34th  cong.  1st  sess.  See  also  DowdVs  Let 
ters,  MS.,  42.  Do  well  takes  a  different  view. 


398  EXTERMINATION  OF  THE  INDIANS. 

of  a  military  post,  and  asking  that  a  competent  officer 
be  directed  to  assist  him  in  locating  the  proposed  en 
campment,  and  making  the  improvements  designed 
for  the  benefit  of  the  Indians.  Having  once  con 
ceived  the  idea  of  removing  the  Indians  from  the 
southern  reservations,  Palmer  was  not  to  be  deterred 
either  by  the  protests  of  the  people  or  the  disappro 
bation  of  the  legislative  assembly.2 

About  the  last  of  January  300  Umpquas  and  200 
Calapooyas  were  brought  from  the  south  and  placed 
upon  the  Grand  Rond  reservation.  As  these  bands 
had  not  been  engaged  in  the  recent  hostilities,  the 
feeling  of  alarm  was  somewhat  softened,  and  much 
as  their  presence  in  the  valley  was  deprecated,  they 
were  suffered  to  go  upon  the  reserve  without  moles 
tation,  although  no  troops  were  present  to  intimidate 
the  people.3  At  the  same  time  Palmer  gave  notice 
that  he  intended  to  carry  out  his  first  design  of  re 
moving  all  the  other  tribes  whenever  the  necessary 
preparations  had  been  made  for  their  reception;4  a 

2  During  the  debate  over  Palmer's  course  in  the  legislature,  Waymire  ac 
cused  Palmer  of  being  the  cause  of  the  war,  and  willing  to  bring  about  a 
collision  between  the  United  States  troops  and  the  citizens  of  the  Willamette 
valley.     'Not  only  that, . .  .but  he  actually  proposes  to  bring  4,000  savages, 
red  from  the  war,  and  plant  them  in  one  of  the  counties  of  this  valley,  with 
a  savage  and  barbarous  foe  already  upon  its  borders.     "I  will  do  it,"  said  he, 
"and  if  you  resist  me,  I  will  call  upon  General  Wool  for  soldiers  to  shoot 
down  the  citizens."'    Or.  Statesman,  Jan.  15,1856.     And  on  the  hesitation  of 
Colonel  Wright,  who  was  first  applied  to  to  furnish  it  without  the  sanction 
of  General  Wool,  then  in  California,  Palmer  thus  wrote  Commissioner  Man- 
nypenny:  'To  be  denied  the  aid  of  troops  at  a  critical  moment,  upon  flimsy 

Sretences  or  technical  objections,  is  to  encourage  a  spirit  of  resistance  to  au- 
iiority  and  good  order,  and  effectively  neutralize  all  efforts  to  reduce  the 
Indians  and  lawless  whites  to  a  state  of  subordination.'    U.  S.  H.  Ex.  Doc., 
93,  131-2,  34th  cong.  1st  sess. 

3  The  Indians  were  moved  in  a  heavy  storm  of  rain  and  snow,  Capt. 
Bowie  of  the  northern  battalion  with  20  men  being  ordered  to  escort  Metcalfe 
and  his  charge.     At  Elk  Creek  the  Indians  were  seized  with  a  panic  on 
account  of  rumors  of  the  removal  of  Palmer  from  the  superintendency,  and 
refused  to  go  farther.     Palmer  called  upon  Colonel  Wright  for  troops,  and 
was  referred,  as  I  have  said,  to  General  Wool,  when,  without  waiting,  Metcalfe 
proceeded  alone  to  the  reservation,  having  quieted  the  fears  of  the  Indians. 

4  The  opposition  of  the  white  population  was  not  all  that  was  to  be  over 
come,  as  Palmer  had  been  warned  by  his  agents.     In  order  to  induce  the 
Umpquas  to  leave  their  homes,  it  was  agreed  by  treaty  that  each  Indian 
should  be  given  as  much  land  as  he  had  occupied  in  the  Uinpqua  Valley,  with 
a  house  as  good  or  better  than  the  one  he  left,  with  pay  for  all  the  property 
abandoned,  and  clothing  and  rations  for  himself  and  family  until  all  were 


MORE  TROOPS  CALLED  FOR.  399 

promise  which  was  partly  carried  out  in  March  by 
the  removal  of  the  Rogue  River  Indians  from  Fort 
Lane  to  the  Grand  Rond,  none  of  that  resistance 
being  offered  which  had  been  feared.  Preparations 
were  then  made  for  bringing  all  the  tribes  from  Coos 
Bay  south  to  the  California  line  upon  the  coast  reser 
vation  selected  in  1854.  The  legislature  had  asked 
for  the  removal  of  the  superintendent  on  this  ground  ;5 
though  in  reality  it  was  a  political  dodge;  and  his 
removal  was  accomplished  before  he  had  fairly  fin 
ished  the  work  in  hand.8 

Immediately  after  the  massacre  of  Whaleshead 
Governor  Curry  issued  still  another  proclamation, 
calling  for  another  battalion  for  service  in  the  south.7 
The  governor  also  sought  to  modify  his  error  in  disband 
ing  all  unauthorized  companies,  by  advising  the  organ 
ization  in  all  exposed  localities  of  new  companies  of 
minute-men,  the  captains  of  which  were  ordered  to  re 
port  to  the  adjutant-general,  and  recognizing  those  al 
ready  formed  as  belonging  to  this  branch  of  the  service. 

settled  in  their  new  homes;  nor  were  any  of  these  things  to  be  deducted 
from  their  annuities.  Grande  Ronde  reservation  contained  about  6,000  acres, 
and  was  purchased  of  the  original  claimants  for  $35,000.  Letter  of  citizens 
of  Yamhill  county,  in  Or.  Statesman,  April  29,  1856. 

5  '  We  the  undersigned,  democratic  members,'  etc.  Then  followed  charges 
that  Joel  Palmer  had  been  instrumental  in  provoking  the  Indian  war;  and 
what  was  more  to  the  point,  '  while  representing  himself  as  a  sound  national 
democrat,  he  had  perfidiously  joined  the  know-nothings,  binding  himself  with 
oaths  to  that  dark  and  hellish  secret  political  order.'  They  asked  for  these 
reasons  that  Palmer  be  removed  and  Edward  R.  Geary  appointed  in  his  place. 
Signed  by  the  speaker  of  the  house  and  34  members  of  the  house  and  coun 
cil.  U.  S.  H.  Ex.  Doc.,  93,  133-5,  34th  cong.  1st  sess. 

6E.  R.  Geary  was  not  his  successor,  but  A.  F.  Hedges,  an  immigrant  of 
1843. 

7  There  was  at  this  time  a  regiment  in  the  Walla  Walla  Valley,  and  one 
in  southern  Oregon,  besides  several  companies  of  minute-men  for  defence. 
The  proclamation  called  for  three  new  companies,  one  from  Marion  and  Polk 
counties,  one  from  Benton  and  Lane,  and  one  from  Linn.  The  enrolling  offi 
cers  appointed  for  the  first  named  were  A.  M.  Fellows  and  Fred.  Waymire; 
for  the  other  two  E.  L.  Massey  and  H.  L.  Brown.  Waymire  wrote  the  gov 
ernor  that  Polk  co.  had  sent  over  100  men  to  the  Walla  Walla  Valley,  76  to 
Rogue  River,  22  to  fill  up  a  Washington  regiment;  that  Polk  co.  was  willing  to 
go  and  fight,  but  since  the  importation  of  southern  Indians  to  their  border 
they  felt  too  insecure  at  home  to  leave,  and  solicited  permission  from  the 
executive  to  raise  a  company  for  defence  against  the  Indians  brought  to  their 
doors.  Or.  Statesman,  April  1,  1856. 


400  EXTERMINATION  OF  THE  INDIANS. 

Under  the  new  call  two  companies  were  raised;  some 
who  had  served  in  the  first  northern  battalion,  after 
remaining  at  home  long  enough  to  put  in  a  few  acres 
of  grain,  reenlisted.8  These  were  still  at  Eugene  City 
waiting  for  arms  when  April  was  half  gone. 

The  intermission  of  aggressive  operations  greatly 
emboldened  the  Indians.  The  2d  regiment  was  scat 
tered,  guarding  isolated  settlements.9  Colonel  Will 
iams  had  resigned  on  account  of  the  strictures  passed 
upon  his  official  management,10  and  Lieutenant-colonel 
Martin  had  resigned  for  a  different  reason.11  By  elec 
tion  on  the  19th  of  March,  1856,  Kelsey  was  made  colo 
nel,  Chapman  lieutenant-colonel,  and  Bruce  and  Lat- 
shaw  majors  of  their  respective  battalions.  The  south 
ern  companies  were  ordered  to  rendezvous  at  Vannoy 
Ferry,  and  the  northern  at  Grave  Creek,  to  be  in  readi 
ness  to  advance  on  The  Meadows,  the  stronghold  of 
the  enemy,  and  toward  which  all  the  trails  seemed  to 
lead.  At  length,  on  the  16th  of  April,  Chapman  and 
Bruce  moved  with  the  entire  southern  battalion  down 
the  south  side  of  Rogue  River  toward  the  supposed 
camp  of  the  enemy,  the  northern  battalion  on  the 
17th  passing  down  the  north  side  under  Lamerick, 
each  division  with  supplies  for  twenty-five  days. 
Three  detachments  were  sent  out  to  drive  the  Indians 
to  their  retreat,  and  Lamerick  announced  his  inten 
tion  to  the  governor  to  stay  with  the  enemy  until 
they  were  subdued  or  starved  out. 

8  H.  C.  Huston's  autobiography,  in  Brown's  Miscellany,  MS. ,  48-9.     Linn 
county  raised  one  company  of  65  men  commanded  by  James  Blakely;  Lane 
and  Benton,  one  of  70  men,  D.  W.  Keith  captain. 

9  In  the  latter  part  of  Feb.  they  reappeared  in  the  Illinois  valley,  killing 
two  men  and  wounding  three  others.     Soon  after  they  killed  one  Guess 
while  ploughing  Smith's  farm,  on  Deer  Creek.     Guess  left  a  wife  and  two 
children.     The  volunteers  under  O'Neil  pursued  the  Indians  and  rescued  the 
family,  of  which  there  is  a  circumstantial  account  in  a  series  of  papers  by  J. 
M.  Sutton,  called  Scraps  of  Southern  Oregon  History,  many  of  which  are  dra 
matically  interesting,  and  extend  through  several  numbers  of  the  Ashland 
Tidings  for  1377-8. 

10  R.  L.  Williams  was  a  Scotchman,  impetuous,  brave,  and  determined. 
It  was  said  that  when  he  joined  in  the  yells  which  the  volunteers  set  up  in 
answer  to  those  of  the  savages,  the  latter  hung  their  heads  abashed,  so  suc 
cessful  was  he  in  his  efforts  to  outsavage  the  savages. 

11  Martin  was  appointed  receiver  of  the  new  land  office  at  Winchester. 
Or.  Statesman,  March  11,  1856. 


WOOL'S  CAMPAIGN.  401 

At  the  same  time  there  was  on  foot  a  movement  on 
the  part  of  the  regular  forces  to  close  the  war  by  a 
course  independent  of  that  of  the  volunteer  generals, 
and  directed  by  General  Wool,  who  by  the  aid  of 
maps  and  topographical  reports  had  arranged  his  pro 
posed  campaign.12  The  secretary  of  war  had  deemed 
it  necessary  to  administer  a  somewhat  caustic  reproof, 
since  which  Wool  had  three  several  times  visited  Van 
couver,  though  he  had  not  made  a  personal  inspection 
of  the  other  forts.  He  came  in  November  1855,  and 
returned  without  making  his  visit  known  to  the  gov 
ernor  of  Oregon.  He  came  again  in  midwinter  to 
look  into  the  conduct  of  some  of  his  officers  in  the 
Yakima  war,  and  to  censure  and  insult,  as  they  thought, 
both  them  and  the  governors  of  Oregon  and  Wash 
ington.  And  in  March  he  once  more  returned;  this 
time  bringing  with  him  the  troops  which  were  at 
once  to  answer  the  petition  of  Jackson  county,  and 
to  show  volunteers  how  to  fight.  On  the  8th  of 
March,  while  on  the  way  to  Vancouver,  he  left  at 
Crescent  City  Lieutenant-colonel  Buchanan,  with 
officers  and  men  amounting  to  96  rank  and  file,  the 
same  who  relieved  the  besieged  settlers  at  the  mouth 
of  Rogue  River.  On  arriving  at  Vancouver  he  or 
dered  to  Port  Orford  Captain  Augur,  4th  infantry,  to 
reenforce  Major  Reynolds,  3d  artillery,  who  was  di 
rected  to  protect  the  friendly  Indians  and  the  public 
stores  at  that  place.  Captain  Floyd  Jones,  4th  infan 
try,  of  Fort  Humboldt,  was  instructed  to  repair  to 
Crescent  City  to  guard  supplies  and  protect  friendly 
Indians  at  that  place,  in  compliance  with  the  request 
of  the  superintendent.  Captain  Smith  of  Fort  Lane 
was  directed  to  repair  to  Port  Orford  with  80  dra 
goons,  to  make  a  junction  with  Buchanan;13  and  a 

12  'I  have  good  reason  to  believe,'  wrote  Lamerick  to  the  governor,  'that 
General  Wool  has  issued  orders  to  the  United  States  troops  not  to  act  in  con 
cert  with  the  volunteers.  But  the  officers  at  Fort  Lane  told  me  that  they 
would,  whenever  they  met  me,  most  cordially  cooperate  with  any  volunteers 
under  my  command.'  Or.  Statesman,  April  22,  18o6. 

13 'Our  company, 'says  one  of  Smith's  men,  'was  obliged  to  take  to  the 
mountains  on  foot,  as  we  had  to  climb  most  of  the  way  where  our  horses 
Hisx.  OB.,  VOL.  II.  26 


402  EXTERMINATION  OF  THE  INDIANS. 

general  rendezvous  was  ordered  at  the  mouth  of  the 
Illinois  River,  where  Palmer  was  to  meet  in  council 
the  Indians  who  were  being  pursued  by  the  volun 
teers,  and  lead  them  to  the  reservation  on  the  coast 
west  of  the  Willamette  Valley.  Smith  moved  from 
Fort  Lane  about  the  13th  of  April,  a  few  days  earlier 
than  the  volunteer  army  began  its  inarch  on  The 
Meadows. 

On  the  27th  the  two  battalions  were  ready  to  attack. 
A  reconnoissance  by  General  Lamerick  in  person  had 
discovered  their  camp  on  a  bar  of  Rogue  River,  where 
the  mountains  rise  on  either  side  high  and  craggy, 
and  densely  timbered  with  manzanita,  live-oak,  chin 
quapin,  and  chaparral,  with  occasional  bald,  grassy 
hill-sides  relieving  the  sombre  aspect  of  the  scene.  A 
narrow  strip  of  bottom-land  at  the  foot  of  the  heights, 
covered  with  rank  grass  and  brambly  shrubs,  consti 
tuted  The  Meadows,  where  all  winter  the  Indians  had 
kept  an  ample  supply  of  cattle  in  good  condition  for 
beef.  Upon  a  bar  of  the  river  overgrown  with  wil 
lows  the  Indians  were  domesticated,  having  their  huts 
and  personal  property. 

The  morning  was  foggy,  and  favorable  for  conceal 
ing  the  approach  of  the  volunteers.  Colonel  Kelsey 
with  150  men  reached  the  north  bank  of  the  river 
opposite  and  a  little  below  the  encampment  without 
being  discovered,  while  the  southern  battalion  took 
position  on  the  south  bank,  a  short  distance  above  the 
encampment.  When  the  fog  lifted  a  deadly  volley 
from  both  sides  was  poured  into  the  camp  from  a  dis 
tance  of  no  more  than  fifty  yards,  killing  fifteen  or 
twenty  before  they  could  run  to  cover,  which  they 
did  very  rapidly,  carrying  their  dead  with  them. 

could  not  go.  We  crossed  Rogue  River  on  a  raft  last  Easter  Monday,  fought 
the  Indians,  drove  them  from  their  village,  and  burned  it. . .  We  suffered  great 
hardships  on  the  inarch;  there  was  a  thick  fog  on  the  mountains,  and  the 
guide  could  not  make  out  the  trail.  We  were  seven  days  straying  about, 
while  it  rained  the  whole  time.  Our  provisions  ran  out  before  the  weather 
cleared  and  we  arrived  at  Port  Orford.'  This  was  the  kind  of  work  the  vol 
unteers  had  been  at  all  winter,  with  little  sympathy  from  the  regulars. 


FIGHTS  AT  THE  MEADOWS.  403 

When  they  had  had  time  to  recover  from  the  first 
recoil,  the  battle  fell  into  the  usual  exchange  of  shots 
from  behind  the  rocks  and  trees.  It  was  prolonged 
till  late  in  the  afternoon,  with  considerable  additional 
loss  to  the  Indians,  and  two  white  men  wounded.14 

Next  day  Lamerick  attempted  to  send  across 
twenty-four  men  in  two  canvas  boats,  but  was  pre 
vented  by  the  shots  of  the  enemy.  And  the  day  fol 
lowing  the  Indians  could  be  seen  through  the  falling 
snow  wending  their  way  over  the  mountains  with 
their  effects,  while  a  few  warriors  held  the  white  men 
at  bay;  so  that  when  on  the  29th  Lamerick's  army 
finally  entered  their  camp,  it  was  found  deserted.  All 
that  remained  was  the  offal  of  slaughtered  oxen,  and 
two  scalps  of  white  men  suspended  to  a  lirnb  of  a  tree.15 
Fortifications  were  then  erected  at  Big  Meadows, 
eight  miles  below,  and  called  Fort  Lamerick,  where 
part  of  the  force  remained,  while  the  rest  returned  to 
headquarters,  two  companies  disbanding.  A  month 
later  Major  Latshaw  led  113  men  on  the  trail  of  the 
Indians,  and  on  the  28th  of  May  a  few  were  over 
taken  and  killed  by  a  detachment  under  Lieutenant 
Hawley;  while  Captain  Blakely  in  a  running  fight  of 
four  miles  down  the  river  killed  half  a  dozen,  and 
took  fifteen  prisoners,  two  Rogue  River  chiefs,  George 
and  Limpy,  narrowly  escaping.16  Skirmishing  con 
tinued,  but  I  have  not  space  for  the  multiplicity  of 
detail. 

The  Indians  lost  in  the  spring  campaign  fifty  war 
riors  killed  and  as  many  more  wounded,  besides  being 

14  Elias  D.  Mercer,  mortally.  He  was  a  native  of  Va.,  and  resided  in  Cow 
Creek  valley;  was  29  years  of  age,  and  unmarried;  a  member  of  Wilkinson's 
company;  a  brave  and  worthy  young  man.  Or.  Statesman,  May  13,  1856.  On 
the  day  before  the  battle  McDonald  Bartness,  of  Grave  Creek,  and  Wagoner 
were  riding  express  from  Fort  Leland  to  Lamerick's  camp,  when  they  were 
shot  at  by  Indians  in  ambush.  Wagoner  escaped,  but  Hartness  was  killed, 
cut  in  pieces,  and  his  heart  removed.  He  was  from  Ohio,  but  had  lived  on 
Grave  Creek  about  a  year,  and  was  a  man  of  excellent  character.  Volunteer, 
in  Or.  Statesman,  May  20,  1856;  Portland  Oregonian,  May  17,  1856;  S.  F. 
Bulletin,  May  19,  1856;  Or.  and  Wash.  Scraps,  31. 

15 H.  C.  Huston,  in  Brown's  Miscellany,  MS.,  49. 

16Rept  of  Lamerick,  in  Or.  Statesman,  June  24,  1856. 


404  EXTERMINATION  OF  THE  INDIANS. 

greatly  crippled  in  their  resources  of  provisions,  am 
munition,  and  gold-dust  by  the  destruction  of  their 
caches.  Many  of  them  were  tired  of  being  driven 
back  and  forth  through  the  mountains,  and  would 
have  sued  for  peace  but  for  the  indomitable  will  of 
their  leader,  John.  That  warrior  was  as  far  as  ever 
from  being  conquered,  and  still  able  to  cope  with 
either  volunteer  or  regular  armies.17 

Let  us  turn  to  the  operations  of  General  Wool's 
army.  Buchanan  had  been  more  than  a  month  at 
the  mouth  of  Rogue  River  endeavoring  to  induce  the 
Indians  to  go  quietly  on  a  reservation,  but  without 
success.  After  some  manoeuvring,  during  which  the 

17  About  this  time  a  person  named  John  Beeson,  a  foreigner  by  birth,  but 
a  naturalized  citizen  of  the  U.  S.,  who  had  emigrated  from  111.  to  Rogue 
River  in  1853,  wrote  letters  to  the  papers,  in  which  he  affirmed  that  the  Ind 
ians  were  a  friendly,  hospitable,  and  generous  race,  who  had  been  oppressed 
until  forbearance  was  no  virtue,  and  that  the  war  of  1853  and  the  present 
war  were  justifiable  on  the  part  of  the  Indians  and  atrocious  oil  the  part 
of  the  whites.  He  supported  his  views  by  quotations  from  military  officers 
and  John  McLoughlin,  and  made  some  good  hits  at  party  politics.  He  gave 
a  truthful  account  of  the  proceedings  of  the  democratic  party;  but  was  as 
unjust  to  the  people  of  southern  Oregon  as  he  was  censorious  toward  the 
governor  and  his  advisers,  and  excited  much  indignation  on  either  hand. 
He  then  began  writing  for  the  S.  F.  Herald,  and  the  fact  becoming  known 
that  he  was  aiding  in  the  spread  of  the  prejudice  already  created  against 
the  people  of  Oregon  by  the  military  reports,  public  meetings  were  held 
to  express  indignation.  Invited  to  one  of  these,  without  notification  of 
purpose,  Beeson  had  the  mortification  of  having  read  one  of  his  letters  to 
the  Herald,  which  had  been  intercepted  for  the  purpose,  together  with  an 
article  in  the  N.  Y.  Tribune  supposed  to  emanate  from  him,  and  of  listening 
to  a  series  of  resolutions  not  at  all  flattering.  'Fearing  violence,'  he  says, 
'I  fled  to  the  fort  for  protection,  and  was  escorted  by  the  U.  S.  troops  be 
yond  the  scene  of  excitement.'  Beeson  published  a  book  of  143  pages  in 
1858,  called  A  Plea  for  the  Indians,  in  which  he  boasts  of  the  protection 
given  him  by  the  troops,  who  seemed  to  regard  the  volunteers  with  con 
tempt.  He  seemed  to  have  found  his  subject  popular,  for  he  followed  up  the 
Plea  with  A  Sequel,  containing  an  Appeal  in  behalf  of  the  Indians;  Correspond 
ence  with  the  British  Aboriginal  Aid  Association;  Letters  to  Rev.  If.  W.  Beechcr, 
in  which  objections  are  answered;  Review  of  a  Speech  delivered  by  the  Rev. 
Theodore  Parker;  A  Petition  in  behalf  of  the  Citizens  of  Oregon  and  Wash 
ington  Territories  for  Indemnity  on  account  of  Losses  through  Indian  Wars; 
An  Address  to  the  Women  of  America,  etc.  In  addition,  Beeson  delivered 
lectures  on  the  'Indians  of  Oregon'  in  Boston,  where  he  advocated  his  pe 
culiar  views.  At  one  of  these  lectures  he  was  confronted  by  a  citizen  of 
Washington  territory,  Sayward's  Pioneer  Reminiscences,  MS.,  8-10;  and  at  a 
meeting  at  Cooper  Institute,  New  York,  by  Captain  Fellows  of  Oregon.  Or. 
Statesman,  Dec.  28,  1858.  It  was  said  that  in  1860  he  was  about  to  start 
a  paper  in  New  York,  to  be  called  the  Calumet.  Rossi's  Souvenirs.  In 
1803  Beeson  endeavored  to  get  an  appointment  in  the  Indian  department, 
but  being  opposed  by  the  Oregon  senators,  failed.  Or.  Argus,  June  8,  1863. 


ORD'S  EXPEDITION.  405 

troops  stood  on  the  defensive,  Ord  was  sent  with  112 
men,  on  the  26th  of  April,  to  destroy  a  village  of 
Mackanootenais,  eleven  miles  from  Whaleshead,  as  a 
means  of  inducing  them  to  come  to  terms,  which  was 
accomplished  after  some  fighting,  with  the  loss  of  one 
man.  On  the  29th  Ord  moved  from  his  encampment 
to  escort  a  large  government  train  from  Crescent 
City  to  the  mouth  of  Rogue  River.  His  command 
of  sixty  men  was  attacked  at  the  Chetcoe  River  by 
about  the  same  number  of  Indians.  In  the  skirmish 
he  lost  one  man  killed  and  two  or  three  wounded, 
and  slew  five  or  six  of  the  enemy,  the  attacking  party 
being  driven  from  the  field.18  And  there  were  a 
few  other  like  adventures. 

In  the  mean  time  the  volunteer  companies  on  the 
coast  were  not  idle.  The  Coos  county  organization 
under  captains  W.  H.  Harris  and  Creighton,  and 
Port  Orford  company  under  R.  Bledsoe,  harassed  the 
Indians  continually,  with  the  design  of  forcing  them 
into  the  hands  of  the  regulars.  The  Coquilles  at 
one  time  surrendered  themselves,  and  agreed  to  go 
on  the  reservation,  but  finally  feared  to  trust  the 
white  man's  word.  Lieutenant  Abbott  surprised  two 
canoes  containing  twelve  warriors  and  three  women, 
and  killed  all  but  one  warrior  and  two  women. 

Again  the  Indians  gave  signs  of  yielding,  and  many 
of  the  Coquilles  who  had  been  gathered  on  the  mili 
tary  reservation  at  Port  Orford  by  the  Indian  agents, 
but  who  had  run  away,  returned  and  gave  themselves 
up.  These  declared  that  Enos  and  John  had  deceived 
and  deserted  them.  They  had  been  told  that  the 
white  people  in  the  interior  were  all  slain,  and  that  if 
they  would  kill  those  on  the  coast  none  would  be  left. 

Early  in  May  Buchanan  moved  his  force  to  the 
mouth  of  the  Illinois  River.  With  him  were  several 
Indians  who  had  surrendered,  to  be  used  as  messen 
gers  to  the  hostile  bands.  These,  chiefly  women, 

18  J.  C.  F.,  in  Or.  Statesman,  June  10,  1856;  Cram's  Top.  Hem.,  50;  Cres 
cent  City  Herald,  June  4,  1850. 


406  EXTERMINATION  OF  THE  INDIANS. 

were  sent  out  to  gather  the  chiefs  in  council  at  Oak 
Flat  on  the  right  bank  of  the  Illinois  River,  not  far 
above  the  mouth.  In  this  mission  the  messengers 
were  successful,  all  the  principal  war-chiefs  being  in 
attendance,  including  John,19  Rogue  River  George, 
Lirnpy,  and  the  chiefs  of  the  Cow  Creek  and  Galice 
Creek  bands.  The  council  was  set  for  the  21st  of 
May.  On  that  day  the  chiefs  came  to  the  appointed 
place  as  agreed,  and  all,  with  the  exception  of  John, 
consented  to  give  up  their  arms  on  the  26th,  at  The 
Meadows,  and  allow  Smith  to  escort  a  part  of  them 
to  the  coast  reservation  by  the  way  of  Fort  Lane. 
Others  were  to  be  escorted  by  different  officers  to 
Port  Orford,  and  taken  thence  to  the  reservation  by 
steamer.  John,  however,  still  held  out,  and  declared 
his  intention  not  to  go  on  the  reservation.  To  Colo 
nel  Buchanan  he  said:  "You  are  a  great  chief;  so 
am  I.  This  is  my  country;  I  was  in  it  when  these 
large  trees  were  very  small,  not  higher  than  my  head. 
My  heart  is  sick  with  fighting,  but  I  want  to  live  in 
my  country.  If  the  white  people  are  willing,  I  will 
go  back  to  Deer  Creek  and  live  among  them  as  I  used 
to  do ;  they  can  visit  my  camp,  and  I  will  visit  theirs ; 
but  I  will  not  lay  down  my  arms  and  go  with  you  on 
the  reserve.  I  will  fight.  Good-by."  And  striding 
out  of  camp,  he  left  the  council  without  hinderance.20 
On  the  day  agreed  upon  for  the  surrender,  Smith 
was  at  the  rendezvous  with  his  eighty  men  to  receive 
the  Indians  and  their  arms.  That  they  did  not  ap 
pear  gave  him  little  anxiety,  the  day  being  rainy  and 
the  trails  slippery.  During  the  evening,  however,  two 

19 1  have  before  me  a  photograph  of  John  and  his  son.  John  has  an  in 
telligent  face,  is  dressed  in  civilized  costume,  with  the  hair  cut  in  the  fashion 
of  his  conquerors,  and  has  much  the  look  of  an  earnest,  determined  enthusi 
ast.  His  features  are  not  like  those  of  Kamiakin,  vindictive  and  cruel,  but 
firm,  and  marked  with  that  expression  of  grief  which  is  often  seen  on  the 
countenances  of  savage  men  in  the  latter  part  of  their  lives.  In  John's  case 
it  was  undoubtedly  intensified  by  disappointment  at  his  plans  for  the  exter 
mination  of  the  white  race.  His  son  has  a  heavy  and  lumpish  countenance, 
indicative  of  dull,  stolid  intelligence. 

20 Or.  Statesman,  July  15,  1856;  Ind.  Aff.  Rept,  1856,  214;  S.  F.  Alta, 
June  13,  19,  22,  1856;  8.  F.  Bulletin,  June  14,  28,  1856. 


SMITH  AND  CHIEF  JOHN.  407 

Indian  women  made  him  a  visit  and  a  revelation,  which 
caused  him  immediately  to  move  his  camp  from  the 
bottom-land  to  a  position  on  higher  ground,  which  he 
imagined  more  secure,  and  to  despatch  next  morning 
a  messenger  to  Buchanan,  saying  he  expected  an  at 
tack  from  John,  while  he  retained  the  Indian  women 
in  custody.  Smith  also  asked  for  reenforceinents,  and 
Augur  was  sent  to  his  relief. 

The  position  chosen  by  Smith  to  fight  John  was 
an  oblong  elevation  250  by  50  yards,  between  two 
small  streams  entering  the  river  from  the  north-west. 
Between  this  knoll  and  the  river  was  a  narrow  piece 
of  low  land  constituting  The  Meadows.  The  south 
side  of  the  mound  was  abrupt  and  difficult  of  ascent, 
the  north  side  still  more  inaccessible,  the  west  barely 
approachable,  while  the  east  was  a  gentle  slope.  On 
the  summit  was  a  plateau  barely  large  enough  to 
afford  room  for  his  camp.  Directly  north  of  this 
mound  was  a  similar  one,  covered  with  a  clump  of 
trees,  and  within  rifle-range  of  the  first. 

On  the  morning  of  the  27th,  the  men  having  been 
up  most  of  the  night  and  much  fatigued,  numerous 
parties  of  Indians  were  observed  to  gather  upon  and 
occupy  the  north  mound.  Soon  a  body  of  forty 
warriors  advanced  up  the  eastern  slope  of  Smith's 
position,  and  signified  their  wish  to  deliver  their  arms 
to  that  officer  in  person.  Had  their  plan  succeeded, 
Smith  would  have  been  seized  on  the  spot;  but  being 
on  his  guard,  he  directed  them  to  deposit  their  arms 
at  a  certain  place  outside  the  camp.  Thus  foiled,  the 
warriors  retired,  frowning  upon  the  howitzer  which 
had  been  so  planted  as  to  sweep  the  ascent  from  this 
side.  Lieutenant  Sweitzer  was  stationed  with  the 
infantry  to  defend  the  crest  of  the  western  acclivity; 
the  dragoons  were  expected  to  take  care  of  the  front 
and  rear,  aided  by  the  abrupt  nature  of  the  elevation 
on  those  sides. 

Seeing  that  the  troops  were  prepared  to  fight,  and 
that  they  would  not  be  permitted  to  enter  Smith's 


408  EXTERMINATION  OF  THE  INDIANS. 

camp  under  any  pretence  with  arms  in  their  hands, 
about  ten  o'clock  the  Indians  opened  fire,  charging 
up  the  east  and  west  slopes  at  once.  The  howitzer 
and  the  rifles  of  the  infantry  repelled  them,  and  they 
fell  back  to  cover.  Then  was  heard  the  stentorian 
voice  of  John  issuing  his  orders  so  loud  and  clear  that 
they  were  understood  in  Smith's  camp  and  interpreted 
to  him.  Frequently  during  the  day  he  ordered  charges 
to  be  made,  and  was  obeyed.  Some  of  his  warriors  at 
tempted  to  approach  nearer  by  climbing  up  the  steep 
and  craggy  sides  of  the  mound,  only  to  be  shot  by 
the  dragoons  and  roll  to  the  bottom.  Nevertheless, 
these  continued  attempts  at  escalade  kept  every  man 
sharply  at  his  work.  In  the  matter  of  arms,  the 
Indians  had  greatly  the  advantage,  the  musketoons 
of  the  dragoons  being  of  service  only  when  the  enemy 
were  within  short  range;  while  the  Indians,  being  all 
provided  with  good  rifles,  could  throw  their  balls  into 
camp  from  the  north  mound  without  being  discovered. 
Thus  the  long  day  wore  on,  and  night  came  without 
relief.  The  darkness  only  allowed  the  troops  time  to 
dig  rifle-pits  and  erect  such  breastworks  as  they  could 
without  proper  implements. 

On  the  28th  the  Indians  renewed  the  battle,  and 
to  the  other  sufferings  of  the  men,  both  wounded  and 
unwounded,  was  added  that  of  thirst,  no  water  being 
in  camp  that  day,  a  fact  well  known  to  the  Indians, 
who  frequently  taunted  the  soldiers  with  their  suffer 
ings.21  Another  taunt  was  that  they  had  ropes  to 
hang  every  trooper,  not  considering  them  worth  am 
munition.22 

Up  to  this  time  Augur  had  not  come.  At  four 
o'clock  of  the  second  day,  when  a  third  of  Smith's 
command  were  dead  or  wounded,  and  the  destruction 

21  They  taunted  them  with  the  often  repeated  question,  'Mika  hias  ticka 
chuck?'  You  very  much  want  water?  'Tieka  chuek?'  Want  water?  'Ha'o 
chuck,  Boston!'  No  water,  white  man!  Cor.,  Or.  Statesman,  June  17,  18,36. 

u  Graver's  Public  Lift,  MS.,  49;  Or.  and  Wash.  Scraps,  23;  John  Wallen, 
in  Nichols' Ind.  Aff.,  MS.,  20;  Cm/w'x  Top.  Mem.,  f>3;  Volunteer,  in  Or.  States 
man,  June  17,  1S5G;  Crescent  City  Herald,  June  11,  1856. 


AUGUR  BELIEVES  SMITH.  409 

of  the  whole  appeared  but  a  matter  of  time,  just  as 
the  Indians  had  prepared  for  a  charge  up  the  east  and 
west  approaches  with  a  view  to  take  the  camp,  Smith 
beheld  the  advance  of  Captain  Augur's  company, 
which  the  savages  in  their  eagerness  to  make  the  final 
coup  had  failed  to  observe.  When  they  were  half 
way  up  the  slope  at  both  ends,  he  ordered  a  charge, 
the  first  he  had  ventured,  and  while  he  met  the  enemy 
in  front,  Augur  came  upon  them  in  the  rear.  The 
conflict  was  sharp  and  short,  the  Indians  fleeing  to  the 
hills  across  the  river,  where  they  were  not  pursued, 
and  Smith  was  rescued  from  his  perilous  situation.23 
Augur  lost  two  men  killed  and  three  wounded,  making 
the  total  loss  of  troops  twenty-nine.24  The  number  of 
Indians  were  variously  stated  at  from  200  to  400. 
No  mention  is  made  by  any  of  the  writers  on  the  sub 
ject  of  any  loss  to  the  enemy. 

This  exploit  of  John's  was  the  last  worthy  of  men 
tion  in  the  war.  With  all  his  barbaric  strength  and 
courage,  and  the  valor  and  treachery  of  his  associates, 
his  career  was  drawing  to  a  close.  His  resources 
were  about  exhausted,  and  his  people  tired  of  pur 
suing  and  being  pursued.  They  had  impoverished 
the  white  settlers, .  but  they  had  not  disabled  or  ex 
terminated  them.  The  only  alternative  left  was  to 
go  upon  a  reservation  in  an  unknown  region  or  fight 
until  they  died.  John  preferred  the  latter,  but  the 
majority  were  against  him.  Superintendent  Palmer 
presently  came,  and  to  him  the  two  chiefs  George 
and  Limpy  yielded,  presenting  themselves  at  camp 

23  Cram  is  hardly  justified  in  calling  this,  as  he  does,  a  victory  for  the 
troops.  Uracketfs  (7.  .V.  Cavalry,  171.  Smith  was  a  brave  officer,  but  he  was 
no  match  for  Indian  cunning  when  he  took  the  position  John  intended,  where 
he  could  be  surrounded,  and  within  rifle-range  of  another  eminence,  while  he 
had  but  thirty  rifles.  This  fighting  in  an  open  place,  standing  up  to  be  shot 
at,  at  rifle-range,  was  what  amazed,  and  at  last  amused,  the  Indians.  The 
well  conceived  plan  of  the  crafty  chief  failed;  but  it  would  have  failed  still 
more  signally  if  Smith  had  sent  for  reinforcements  on  first  receiving  John's 
challenge,  and  had  stationed  himself  where  he  could  run  away  if  he  wished. 

21  Cram's  Top.  Mem,;  Kept  of  Major  Latshaw,  in  Or.  Statesman,  June  24, 
1850;  Kept  of  Palmer,  in  Ind.  Aff.  Rept,  1856,  215. 


410  EXTERMINATION  OF  THE  INDIANS. 

on  the  30th  with  their  people  and  delivering  up  their 
arms. 

During  June  a  mild  species  of  skirmishing  con 
tinued,  with  a  little  killing  and  capturing,  some  of 
the  Indians  surrendering  themselves.  Smith's  forces 
on  their  inarch  down  the  river  destroyed  some  vil 
lages,  and  killed  and  drove  to  their  death  in  the  river 
some  forty  men,  women,  and  children.  Even  such  a 
fate  the  savage  preferred  to  the  terrors  of  a  reserva 
tion.  By  the  12th  over  400  had  been  forced  into 
the  regular  camp,  which  was  slowly  moving  toward 
Fort  Orford.  As  the  soldiers  proceeded  they  gath 
ered  up  nearly  all  the  native  population  in  their  line 
of  march.  Similar  policy  was  pursued  in  regard  to 
the  Chetcoe  and  Pistol  River  Indians,  and  with  like 
results. 

Deserted  by  other  bands,  and  importuned  by  his 
own  followers  to  submit,  John  finally,  on  the  29th  of 
June,  surrendered,  and  on  the  2d  of  July  arrived  with 
his  people  at  Fort  Orford.  He  did  not,  however,  sur 
render  unconditionally.  Before  agreeing  to  come  in,  he 
exacted  a  promise  that  neither  he  nor  any  of  his  band 
should  be  in  any  wise  punished  for  acts  they  had  com 
mitted,  nor  compelled  to  surrender  the  property  taken 
in  war.  On  the  9th,  with  the  remnant  of  his  band, 
he  was  started  off  for  the  southern  end  of  the  coast 
reservation.  Under  the  same  escort  went  the  Pistol 
Biver  and  Chetcoe  Indians,  or  such  of  them  as  had 
not  escaped,  to  be  located  on  the  same  part  of  the 
coast,  it  being  deemed  desirable  to  keep  the  most  war 
like  bands  separated  from  the  others.  George  and 
Limpy  with  the  lower  Bogue  Biver  people  were  car 
ried  by  steamer  to  Portland,  and  thence  to  the  north 
ern  part  of  the  coast  reserve. 

To  prevent  the  Indians  from  fleeing  back  to  their 
old  homes,  Beynolds  was  ordered  to  the  mouth  of  the 
Siuslaw,  and  shortly  afterward  a  post  was  erected  on 
the  north  bank  of  the  Umpqua,  about  four  miles  below 
Gardiner.  Captain  Smith  stationed  his  company  at 


END  OF  THE  WAR.  411 

the  pass  in  the  Coast  Range  west  and  a  little  north  of 
the  town  of  Corvallis,  which  post  was  named  Fort 
Hoskins.  Throughout  these  troubles  considerable 
jealousy  between  the  volunteers  and  the  regulars  was 
manifested,  each  claiming  the  credit  of  successes,  and 
in  reverses  throwing  the  blame  upon  the  other. 

The  war  was  now  considered  as  ended  in  southern 
Oregon,  although  there  was  still  that  portion  of  the 
Chetcoe  and  Pistol  River  bands  which  escaped  with 
some  others  to  the  number  of  about  200,  and  about 
100  on  Rogue  River,  who  infested  the  highways  for 
another  year,  compelling  the  settlers  again  to  form 
companies  to  hunt  them  down.  This  created  much 
dissatisfaction  with  the  Indian  superintendent,  with 
out  any  better  reason  apparently  than  that  the  pa 
tience  of  the  people  was  exhausted. 

With  regard  to  Palmer's  course,  which  was  not  with 
out  some  errors,  I  cannot  regard  it  in  the  main  as 
other  than  humane  and  just.  His  faults  were  those 
of  an  over-sanguine  man,  driven  somewhat  by  public 
clamor,  and  eager  to  accomplish  his  work  in  the  short 
est  time.  He  had  vanity  also,  which  was  offended  on 
one  side  by  the  reproof  of  the  legislature,  and  flat 
tered  on  the  other  by  being  associated  in  his  duties 
with  an  arbitrary  power  which  affected  to  despise  the 
legislature  and  the  governor  of  Oregon.  He  suc 
ceeded  in  his  undertaking  of  removing  to  the  border 
of  the  Willamette  Valley  about  four  thousand  Ind 
ians,  the  care  and  improvement  of  whom  devolved 
upon  his  successors.  For  his  honesty  and  eminent 
services,  he  is  entitled  to  the  respect  and  gratitude  of 
all  good  men.25 

Early   in   May   1865   most  of  the   Rogue   River 

25Deady  says:  'Few  men  in  this  or  any  other  country  have  labored  harder 
or  more  disinterestedly  for  the  public  good  than  General  Palmer.  A  man  of 
ardent  temperament,  strong  friendships,  and  full  of  hope  and  confidence  in 
his  fellow-men,  he  has  unreservedly  given  the  flower  of  his  life  to  the  best  in- 
terests  of  Oregon.'  Tran*.  Or.  Pioneer  Assoc.,  1875,  37-8.  Palmer  ran  for 
governor  of  Oregon  in  1870,  but  was  defeated  by  Grover.  He  died  in  1879 
at  his  home  in  Dayton. 


412  EXTERMINATION  OF  THE  INDIANS. 

people  and  Shastas  who  had  been  temporarily  placed 
upon  the  Grand  Rond  reserve  were  removed  to 
Siletz,  Sam  and  his  band  only  being  permitted  to 
remain  as  a  mark  of  favor. 

I  will  not  here  discuss  further  the  reservation  sys 
tem.  It  was  bad  enough,  but  was  probably  the  best 
the  government  could  devise,  the  settlers  being  deter 
mined  to  have  their  lands.  In  theory,  the  savages 
thus  became  the  wards  of  the  United  States,  to  be 
civilized,  christianized,  educated,  fed,  and  clothed. 
In  reality,  they  were  driven  from  their  homes,  huddled 
within  comparatively  narrow  limits,  and  after  a  brief 
period  of  misery  they  were  swept  from  the  earth  by 
the  white  man's  diseases.26 

In  March  1857  congress  united  the  superintenden- 
cies  of  Oregon  and  Washington,  and  called  for  an 
estimate  of  the  unpaid  claims,  which  were  found  to 
aggregate  half  a  million  dollars,  and  which  were 
finally  allowed  and  paid.27  On  the  Siletz  reservation 
many  Indians  had  farms  of  their  own,  which  they 
worked,  and  many  were  taught  the  mechanic  arts,  for 
which  they  exhibited  much  aptitude;  the  women 
learning  housekeeping  and  the  children  going  to 
school  by  the  advice  of  their  parents;  considerable 
progress  having  been  made  in  the  period  between 
1878  and  1887.  It  is  also  stated  that  their  numbers 
increased  instead  of  diminished,  as  formerly. 

26  It  was  the  unpopular  side  to  defend  or  protect  the  Indians  during  this 
war.     There  were  many  among  the  officers  and  servants  of  the  United  States 
brave  and  manly  enough  to  do  this.     On  the  other  hand,  the  government  has 
made  many  bad  selections  of  men  to  look  after  the  Indians.     Out  of  an  ap 
propriation  by  congress  of  $500,000,  if  the  Indians  received  $80,000  or  $100,- 
000  they  were  fortunate. 

27  See  letter  of  Nesmith,  in  Or.  Statesman,  Oct.  20,  1857.     The  estimated 
expense  of  the  Indian  service  for  Oregon  for  the  year  ending  June  1858  was 
$424,000,  and  for  Washington  $229.000.    U.  S.  H.  Ex.  Doc.,  37,  1-27,  129- 
40,  34th  cong.  3d  sess.,  and  Id.,  76,  vol.  ix.  12,  22,  28;  Id.,  93,  vol.  xi.  1-40, 
54-73,  84-96.     A  special  commissioner,  C.  H.  Mott,  was  sent  to  examine  into 
the  accounts,  who  could  find  nothing  wrong,  and  they  were  allowed,  and 
paid  in  1859. 


CHAPTER  XVII. 

OREGON  BECOMES  A  STATE. 
1856-1859. 

LEGISLATURE  OF  1855-6 — MEASURES  AND  MEMORIALS — LEGISLATURE  or  1856- 
7 — No  SLAVERY  IN  FREE  TERRITORY — REPUBLICAN  CONVENTION — ELEC 
TION  RESULTS — DISCUSSIONS  CONCERNING  ADMISSION — DELEGATE  TO 
CONGRESS — CAMPAIGN  JOURNALISM — CONSTITUTIONAL  CONVENTION — THE 
GREAT  QUESTION  OF  SLAVERY — No  BLACK  MEN,  BOND  OR  FREE — ADOP 
TION  OF  A  STATE  CONSTITUTION — LEGISLATURE  OF  1857-8— STATE  AND 
TERRITORIAL  BODIES— PASSENGER  SERVICE — LEGISLATURES  OF  1858-9 — 
ADMISSION  INTO  THE  UNION. 

DURING  these  days  Oregon  was  somewhat  soured 
over  the  Indian  question,  and  toward  the  United  States 
generally.  The  savages  should  have  been  more  quickly 
and  cheaply  killed;  the  regulars  could  not  fight 
Indians;  the  postal  service  was  a  swindle  and  a  dis 
grace;  land  matters  they  could  manage  more  to  their 
satisfaction  themselves;  better  become  a  state  and  be 
independent.  There  was  even  some  feeling  between 
northern  and  southern  Oregon ;  the  former  had  labored 
and  the  latter  had  suffered,  and  both  were  a  little  sore 
over  it. 

About  all  the  legislature  of  1855-6 1  did  was  to  move 

*The  counciltnen  elect  were,  for  Multnomah,  A.  P.  Dennison;  Clackamas 
and  Wasco,  J.  K.  Kelly;  Yamhill  and  Clatsop,  John  Richardson;  Polk  and 
Tillamook,  J.  M.  Fulkerson;  Marion,  J.  C.  Peebles;  Linn,  Charles  Drain; 
Umpqua,  Douglas,  and  Coos,  H.  D.  O'Bryant,  democrats;  and  A.  A.  Smith 
of  Lane  and  Benton,  and  E.  H.  Cleaveland  of  Jackson,  whigs.  Assembly 
men,  for  Clatsop,  Philo  Callender;  Wasco,  N.  H.  Gates;  Columbia,  John 
Harris;  Multnomah,  G.  W.  Brown;  Washington,  H.  Jackson;  Clackamas,  0. 
Eisley,  H.  A.  Straight,  James  Officer;  Marion,  L.  F.  Grover,  William  liar- 
pole,  J.  M.  Harrison;  Yamhill,  A.  R.  Burbauk,  Andrew  Shuck;  Polk,  Fred. 
Waymire,  R.  P.  Boisd;  Linn,  Delazon  Smith,  H.  L.  Brown,  B.  P.  Grant; 
Benton,  John  Robinson,  H.  C.  Buckingham;  Lane,  Isaac  R.  Moores.  A. 

(413) 


414  OREGON  BECOMES  A  STATE. 

the  capital  from  Corvallis  to  Salem,  ask  congress  to 
discharge  General  Wool  and  Superintendent  Palmer, 
and  send  up  a  growl  against  Surveyor-general  Gar 
diner  and  Postal-agent  Avery.2 

To  prevent  any  benefit  to  southern  Oregon  from 
the  appropriations,  as  well  as  to  silence  the  question 
of  the  relocation  acts,  it  was  proposed  to  ask  congress 
to  allow  what  remained  of  the  university  fund  to  be 
diverted  to  common-school  purposes;  but  the  matter 
was  finally  adjusted  by  repealing  all  the  former  acts 
concerning  the  university,  and  making  a  temporary 
disposition  of  the  fund. 

With  regard  to  the  volunteer  service  in  the  Indian 
wars,  Grover  introduced  a  bill  providing  for  the  em 
ployment  if  necessary  of  the  full  military  force  of  the 
territory,  not  exceeding  three  full  regiments,  to  serve 
for  six  months  or  until  the  end  of  the  war,  unless 
sooner  discharged;  the  volunteers  to  furnish  as  far 
as  practicable  their  own  arms  and  equipments,  and  to 
be  entitled  to  two  dollars  a  day  for  their  services,  and 
two  dollars  a  day  for  the  use  and  risk  of  their  horses; 
all  commissioned  officers  to  receive  the  same  pay  as 
officers  of  the  same  rank  in  the  regular  service,  be 
sides  pay  for  the  use  and  risk  of  their  horses;  the  act 
to  apply  to  all  who  had  been  in  the  service  from  the 
beginning,  including  the  9th  regiment  of  Oregon 
militia.  The  bill  became  a  law,  and  the  legislature 
memoralized  congress  to  assume  the  expense,3  which 

Me  Alexander;  Umpqua,  John  Cozad;  Douglas,  William  Hutson;  Coos, 
William  Tichenor;  Jackson,  M.  C.  Barkwell,  J.  A.  Lupton,  Thos  Smith, 
democrats;  and  H.  V.  V.  Johnson  of  Washington  and  Briggs  of  Jackson, 
whigs.  A  vacancy  was  caused  in  the  house  by  the  death  of  J.  A.  Lupton; 
and  subsequently  in  the  council  by  the  resignation  of  E.  H.  Cleaveland. 
The  first  place  was  filled  by  Hale,  democrat,  and  the  latter  by  John  E.  Ross, 
whig.  Clerks  of  the  council,  Thomas  W.  Beale,  A.  Sulger,  and  L.  W. 
Phelps;  sergeant-at-arms,  M.  B.  Burke ;  door-keeper,  James  L  Earle.  Clerks 
of  the  lower  house,  James  Elkins  and  D.  Mansfield;  sergeant-at-arms,  A.  J. 
Welch;  door-keeper,  Albert  Boise.  Or.  Statesman,  June  30  and  Dec.  8,  1855. 

2  The  trouble  was,  with  these  men,  they  weu  on  the  wrong  side  in  poli 
tics,  that  they  were  whigs  and  know-nochings,  and  everything  vile. 

3  This  legislature  was  not  over-modest  in  its  memorials.     It  asked  for  the 
recall  of  Wool  from  the  department  of  the  Pacific;  that  Empire  City  be  made 
a  port  of  entry;  that  land  titles  in  Oregon  be  confirmed;  that  additional  mail- 
routes  be  established;  that  two  townships  of  land  be  granted  in  lieu  of  the 


THE  LEGISLATURE.  415 

after  much  investigation  and  delay  was  done,  as  we 
have  seen.  The  last  of  the  political  divisions  of  west 
ern  Oregon  were  made  at  this  session,  when  Curry 
and  Josephine  counties  were  established.4  The  ques 
tion  of  a  state  constitution  was  not  discussed  at  length, 
an  act  being  passed  to  take  the  vote  of  the  people 
upon  it  again  at  a  subsequent  election.  On  the  21st 
of  January  the  legislature  adjourned.5 

Oregon  City  claim;  that  the  expenses  of  the  Indian  war  be  paid;  that  the 
Indian  superintendent  be  stayed  from  locating  Indians  in  the  Willamette 
Valley;  that  the  federal  government  assume  the  expenses  of  the  provisional 
government;  that  congress  provide  for  the  issuance  of  a  patent  to  land  claims; 
that  a  mail-route  be  established  from  San  Francisco  to  Olympia;  mail  service 
east  of  the  Cascade  mountains;  a  military  road  from  Oregon  City  to  The 
Dalles;  that  the  expenses  of  the  Snake  River  expedition  be  paid;  that  the 
right  of  pensions  be  extended  to  disabled  volunteers;  that  the  spoliation 
claims  of  1853  be  liquidated;  that  congress  pay  for  the  services  and  ex 
penses  of  the  Rogue  River  war  of  1854;  that  a  military  road  be  established 
from  Olympia  via  the  mouth  of  the  Cowlitz  to  intersect  the  military  road 
leading  from  Scottsburg  to  Myrtle  creek;  a  military  road  from  Port  Orford 
to  Jacksonville;  money  for  a  territorial  library;  and  that  congress  recog 
nize  the  office  of  commissioner  to  audit  the  war  claims.  Indeed,  Philo  Cal- 
lander  of  Clatsop  county  was  so  appointed,  but  congress  did  not  recognize 
him.  The  Statesman  complained  in  September  that  Lane  had  obtained 
$300,000  for  the  Indian  department,  and  nothing  more  for  any  purpose  except 
the  regular  appropriation  for  territorial  expenses,  which  would  have  been 
made  without  him.  A  little  later  it  was  ascertained  that  $500  had  been  ob 
tained  for  the  territorial  library,  which  money  was  expended  by  Gov.  Curry 
when  he  went  to  Washington  in  1856  to  defend  himself  from  the  attacks  of 
Wool. 

4  It  was  proposed  to  name  the  former  Tichenor,  but  that  member  declined, 
saying  that  his  constitutents  had  instructed  him  to  call  the  county  after  the 
governor.     The  second  was  named  after  Josephine  Rollins,  whose  father  first 
discovered  gold  on  Josephine  Creek.     The  county  seat,  Kirbysville,  was 
named  after  Joel  A.  Kirby,  who  took  a  land  claim  on  the  site  of  that  town. 
Dvady's  Hist.  Or.,  MS.,  77;  Prim's  Judicial  Affairs,  MS.,  2-3;  U.  S.  H.  Ex. 
Doc.,  i.  348,  375,  419,  431,  34th  cong.  1st  sess. 

5  Several  charters  were  granted  to  societies,  towns,  and  schools.     Astoria 
and  Eola  in  Polk  county  were  chartered.     To-day  Eola  is  a  decayed  hamlet 
and  Astoria  a  thriving  city  by  the  sea.     The  Portland  Insurance  Company 
also  took  a  start  at  this  time.     Masonic  lodges,  Warren  No.  10,  Temple  No.  7, 
Jennings  No.  9,  Tuality  No.  6,  Harmony  No.  12,  received  their  charters  at 
this  session.     There  is  a  list  of  the  officers  of  Harmony  Lodge  from  1856  to 
1873  in  By  Laws,  etc.,  Portland,  1873.     Multnomah  Lodge  No.  1  was  in 
corporated  January  19,  1854;  Willamette  Lodge  No.  2,  February  1st;  Lafay 
ette  Lodge  No.  3,  January  28;  and  Salem  Lodge  No.  4,  in  February  1854. 
It  is  said  the  General  George  B.  McClellan  received  the  first  three  degrees  m 
masonry  in  Willamette  Lodge  No.  2,  at  Portland.    0.  F.  Grand  Lodge  of  Or., 
1856-70.     Acts  incorporating  the  Willamette  Falls  Railroad  Company,  the 
Rockville  Canal  Company,  the  Tualatin  River  Transportation  and  Naviga 
tion  Company,  and  no  less  than  14  road  acts  were  passed.     The  assembly 
appointed  A.  Bush,  printer;  B.   F.  Bonham,  auditor;  J.  D.   Boon,  treasurer; 
F.  S.  Hoyt,  librarian;  E.  Ellsworth,  university  commissioner.     Something 
should  be  here  said  of  John  Daniel  Boon,  who  for  many  years  was  territorial 
treasurer.     Deady  calls  him  a  good,  plain,  unlearned  man,  and  a  fervent 


416  OKEGON  BECOMES  A  STATE. 

The  democratic  party,  which  had  so  long  dominated 
Oregon,  and  to  which  whigs  and  know-nothings  offered 
but  a  feeble  opposition,  had  so  conducted  affairs  dur 
ing  the  Indian  war  of  1855-6  as  to  alienate  some  of 
its  original  supporters.  It  had,  however,  a  strong 
hold  on  the  people  in  the  war  debt,  which  it  was 
believed  Lane,  through  his  influence  with  the  admin 
istration,  would  be  able  to  have  discharged.  So  long 
as  this  appeared  probable,  or  could  be  reasonably 
hoped  for,  much  that  was  disagreeable  or  oppressive 
at  home  could  be  tolerated,  and  no  steps  were  taken, 
at  first,  to  follow  the  movement  in  the  Atlantic  States 
which  was  dividing  the  nation  into  two  great  parties, 
for  and  against  slavery.  Southern  Oregon,  which 
was  never  much  in  sympathy  with  the  Willamette 
Valley,  the  seat  of  democratic  rule,  was  the  first  to 
move  toward  the  formation  of  a  republican  party.  A 
meeting  was  held  at  the  Lindley  school-house,  Eden 
precinct,  in  Jackson  county,  in  May  1856,  for  the  pur 
pose  of  choosing  candidates  to  be  voted  for  at  the 
J  une  election.6 

The  meeting  declared  against  slavery  in  the  new 
states.  The  democrats  might  have  said  the  same,  but 
at  this  juncture  they  did  not;  it  remained  for  the  first 
republican  meeting  first  to  promulgate  the  sentiment 
in  the  territory.  It  was  a  spontaneous  expression  of 
incipient  republicanism  in  the  far  north-west,  not  even 
the  Philadelphia  convention  having  yet  pronounced. 
The  election  came;  none  of  the  candidates  of  Eden 
district  were  chosen  to  the  legislature,  though  one 
know-nothing  from  the  county  was  elected,  and  the 

methodist  preacher.  Scrap-book,  87.  He  was  born  at  Athens,  Ohio,  Jan.  8, 
1817,  and  came  to  Oregon  in  1845.  He  died  at  Salem,  where  he  kept  a  small 
store,  in  June  1864.  Salem  Mercury,  June  27,  1864.  On  the  13th  of  Dec. 
1877  died  Martha  J.  Boon,  his  wife,  aged  54  years.  Their  children  were  4 
sons  and  several  daughters,  all  of  whom  lived  in  Oregon,  except  John,  who 
made  his  home  in  San  Francisco.  San  Jos6  Pioneer,  Dec.  20,  1877. 

6  The  resolutions  adopted  were:  that  freedom  was  national  and  slavery 
sectional;  that  congress  had  no  power  over  slavery  in  the  states  where  it 
already  existed;  but  that  outside  of  stale  jurisdiction  the  power  of  the  federal 

fovernmeut  should  be  exerted  to  prevent  its  introduction,  etc.  Or.  Argus, 
uiie  7,  1856. 


POLITICS.  417 

latter  party  did  not  differ,  except  in  its  native  Amer 
icanism,  from  the  republicans.  As  time  passed,  how 
ever,  the  republican  sentiment  grew,  and  on  the  llth 
of  October  a  meeting  was  held  at  Silverton  in  Marion 
county,  when  all  opposed  to  slavery  in  free  territory 
were  invited  to  forget  past  differences  and  make  com 
mon  cause  against  that  influence,  to  escape  which 
many  through  toil  and  suffering  had  crossed  a  conti 
nent  to  make  a  home  on  the  shores  of  the  Pacific.7 
Other  assemblages  soon  followed  in  almost  every 
county. 

When  the  legislature  met  in  December,  it  was  as  it 
had  always  been  a  democratic  body,  but  there  were 
enough  opposition  members  to  indicate  life  in  the  new 
movement.8  Few  bills  of  a  general  nature  were  passed, 
but  the  drift  of  the  discussions  on  bills  introduced  to 
allow  half-breeds  to  vote,  to  exclude  free  negroes  from 
the  territory,9  to  repeal  the  viva  voce  bill,  and  kin 
dred  subjects  plainly  indicated  a  contest  before  the 
state  constitution  could  be  formed.  An  act  was  once 

7  Paul  Crandall,  0.  Jacobs,  T.  W.  Davenport,   Rice  Dunbar,  and  E.  N. 
Cooke  were  the  movers  in  this  first  attempt  at  organization  in  the  Willamette 
Valley.     The  last  three  were  appointed  to  correspond  with  other  republicans 
for  the  furtherance  of  the  principles  of  free  government. 

8  Members  of  the  council:  John  E.  Ross,  of  Jackson  county;  Hugh  D.  O'Bry- 
ant,  Umpqua,  Douglas,  and  Coos;  A.  A.  Smith,  Lane  and  Benton;  Charles  Drain, 
Linn;  Nathaniel  Ford,  Polk  and  Tillamook;  J.  B.  Bayley,  Yamhilland  Clat- 
sop;  J.  C.   Peebles,  Marion;  J.  K.  Kelly,  Clackamas  and  Wasco;  Thos  R. 
Cornelius,  Washington,  Columbia,  and  Multnomah.     House:  JohnS.  Miller, 
Thomas  Smith,  Jackson;  A.  M.  Berry,  W.  J.  Matthews,  Josephine;  Aaron 
Rose,  Douglas;  A.  E.  Rogers,  Coos  and  Curry;  D.  C.  Underwood,  Umpqua; 
James  Monroe,  R.  B.  Cochran,  Lane;  J.  C.   A  very,  J.   A.   Bennett,   Benton; 
Delazon  Smith,  H.  L.  Brown,  William  Roy,  Linn;  Wm  M.  Walker,  Polk  and 
Tillamook;  A.  J.  Welch,  Polk;  L.  F.  Grover,  William  Harpole,  Jacob  Cou- 
ser,  Marion;  William  Allen,  A.  J.  Shuck,  Yamhill;  A.  L.  Lovejoy,  W.  A. 
Starkweather,  F.  A.  Collard,  Clackamas;  G.  W.  Brown,  Multnomah;  T.  J. 
Dryer,  Multnomah  and  Washington;  H.  V.  V.  Johnson,  Washington;  Barr, 
Columbia;  J,  W.  Moffit,  Clatsop;  N.  H.  Gates,  Wasco.    Or.  Laws,  1856-7, 
p.  8.     James  K.   Kelly,  prest  council;  L.  F.  Grover,  speaker  of  the  house, 
Clerks  of  the  council,  A.  S.  Watt,  John  Costello,  and  T.  F.  McF.  Patton; 
sergeant-at-arms,  G.   W.  Holmes;  door-keeper,  J.  McClain.     Clerks  of  the 
lower  house,  D.  C.  Dade,  E.  M.  Bowman,  J.  Looney;  sergeant-at-arms,  J. 
S.   Risley;  door-keeper,  J.   Henry  Brown.    Or.  Statesman,  Dec.  9,  1856. 

9  When  the  commissioner  in  1853-4  made  a  list  of  the  former  laws  of  Ore 
gon  which  were  to  be  adopted  into  the  code,  that  one  which  related  to  the 
exclusion  of  free  negroes  was  inadvertently  left  out,  and  was  thus  uninten- 
ally  repealed.     It  was  not  revived  at  this  session,  owing  to  the  opposition  of 
the  republican  and  some  other  members. 

HIST.  Oa.,  VOL.  II.    27 


418  OREGON  BECOMES  A  STATE. 

more  passed  at  this  session  to  take  the  sense  of  the 
people  on  the  holding  of  a  constitutional  convention, 
and  to  elect  delegates  to  frame  a  constitution  in  case 
a  majority  of  the  people  should  vote  in  favor  of  it. 

In  order  to  met  the  coming  crisis,  republican  clubs 
continued  to  be  formed;  and  on  the  llth  of  Febru 
ary,  1857,  a  convention  was  held  at  Albany  to  perfect 
a  more  complete  organization,10  when  the  name  Free 
State  Kepublican  Party  of  Oregon  was  adopted  and 
its  principles  announced.  These  were  the  perpetuity 
of  the  American  Union;  resistance  to  the  extension  of 
slavery  in  free  territory ;  the  prohibition  of  polygamy ; 
the  admission  of  Oregon  into  the  Union  only  as  a  free 
state;  the  immediate  construction  of  a  Pacific  railway; 
the  improvement  of  rivers  and  harbors;  the  applica 
tion  of  the  bounty  land  law  to  the  volunteers  in  the 
Indian  war  of  1855-6;  and  the  necessity  for  all  hon 
est  men,  irrespective  of  party,  to  unite  to  secure  the 
adoption  of  a  free  state  constitution  in  Oregon.11  At 
Grand  Prairie,  a  free  state  club  was  formed  January 
17th,  whose  single  object  was  to  elect  delegates  to 
the  constitutional  convention  pledged  to  exclude  from 
the  state  negroes,  slaves  or  freemen. 

The  Oregon  delegate  to  congress,  Joseph  Lane,  had 
no  objection  to  slavery,  though  he  dared  not  openly 
advocate  it.  In  conformity  to  instructions  of  the  leg 
islature,  he  had  brought  a  bill  for  admission,  which 
was  before  congress  in  the  session  of  1856.  The 

"Delegates:  From  Multnomah,  Stephen  Coffin,  Charles  M.  Carter,  L. 
Limerick;  Clackmas,  W.  T.  Matlock,  W.  L.  Adams,  L.  Holmes;  Washington, 
H.  H.  Hicklin;  Yamhill,  John  R.  McBride,  S.  M.  Gilmore,  W.  B.  Daniels, 
Brooks,  and  Odell;  Linn,  T.  S.  Kendall,  J.  Connor,  J.  P.  Tate,  John  Smith, 
James  Gray,  William  Marks,  David  Lambert;  Polk,  John  B.  Bell;  Benton, 
William  Miller,  J.  Young;  Umpqua,  E.  L.  Applegate.  Committee  to  pre- 
prre  an  address,  Thos  Pope,  W.  L.  Adams,  and  Stephen  Coffin.  Executive 
committee,  J.  B.  Condon,  T.  S.  Kendall,  E.  L.  Applegate,  and  Thos  Pope. 
Or.  Argus,  Feb.  21,  1876.  See  address  in  Argus,  April  11,  1857. 

11  Among  the  first  to  promulgate  republican  doctrines  were  E.  D.  Shat- 
tuck,  Lawrence  Hall,  Levi  Anderson,  H.  C.  Raymond,  John  Harrison,  J. 
M.  Rolando,  S.  C.  Adams,  S.  M.  Gilmore,  G.  W.  Burnett,  G.  L.  Woods,  W. 
T.  Matlock,  H.  Johnson,  L.  W.  Reynolds,  Geo.  P.  Newell,  J.  C.  Rinearson, 
F.  Johnson,  H.  J.  Davis,  John  Terwilliger,  Matthew  Patton,  G.  W.  Lawson, 
and  W.  Carey  Johnson. 


BEGINNINGS  OP  REPUBLICANISM.  419 

only  objection  offered  was  the  lack  of  population  to 
entitle  the  state  to  the  representation  asked  for  in  the 
bill.  Its  failure,  together  with  the  failure  of  the 

'  O 

Indian  war  debt  bill,  was  injurious  to  the  popularity 
of  the  delegate  with  his  party.  But  during  the  fol 
lowing  session  a  bill  authorizing  the  people  of  Oregon 
to  form  a  constitution  and  state  government  passed 
the  lower  house,  and  was  taken  up  and  amended  in 
the  senate,  but  not  passed.  It  remained  where  it 
offered  a  substantial  motive  for  the  reelection  of  the 
same  delegate  to  complete  his  work. 

Such  was  the  position  of  affairs  in  the  spring  of 
1857.  The  territory  was  half  admitted  as  a  state,  a 
constitutional  convention  was  to  be  held,  a  delegate 
to  be  elected,  and  a  new  political  party  was  organizing 
which  would  contend  for  a  share  in  the  management 
of  the  public  interests.  It  was  not  expected  by  the 
most  enthusiastic  republicans  that  they  could  elect  a 
delegate  to  congress,  their  aim  being  different.  The 
democrats  for  the  first  time  were  divided  on  nomina 
tions;12  but  after  a  little  agitation  the  convention  set 
tled  down  to  a  solid  vote  for  Lane,  who  thus  became 
for  the  fourth  time  the  congressional  nominee  of  his 
party.  This  done,  the  convention  proceeded  to  pass 
a  resolution  binding  their  county  delegates  to  execute 
the  will  of  the  party  "according  to  democratic  usages," 
repudiating  the  idea  that  a  delegate  could,  in  pursu 
ance  of  the  interests  or  wishes  of  his  district,  refuse 
to  support  the  nominations  of  his  party,  and  still 
maintain  a  standing  in  that  party.13  Then  came  the 
announcement,  "That  we  deny  the  right  of  any  state 
to  interfere  with  such  domestic  institutions  of  other 

12  Other  possible  candidates  were  Deady,  Nesmith,  Grover,  Boise",  Delazon 
Smith,  George  H.  Williams,  and  James  K.  Kelly.     Clackamas  and  Clatsop 
nominated  Kelly,  but  he  declined,  knowing  that  he  could  not  be  elected  be 
cause  he  was  not  a  democrat  of  that  'vigorous  practice'  which  the  Statesman 
required;  that  journal  afterward  reproaching  him  with  losing  this  opportunity 
through  too  much  independence  of  party  government.  See  letter  of  Kelly,  in 
Or.  Statesman,  Feb.  17,  1857. 

13  So  well  whipped  in  were  the  delegates  to  the  convention  that  only  the 
Clackamas  members  and  J.  L.  Meek  of  Washington  county  voted  against 
the  resolution. 


420  OREGON  BECOMES  A  STATE. 

states  as  are  recognized  by  the  constitution;"  that 
in  choosing  delegates  to  the  constitutional  conven 
tion  no  discrimination  should  be  made  between  demo 
crats  in  favor  of  or  opposed  to  slavery,  because  that 
question  should  be  left  to  be  settled  by  a  direct  vote 
of  the  people. 

To  this  parade  of  the  ruling  party  the  infant  repub 
lican  organization  could  offer  no  opposition  that  had  in 
it  any  promise  of  success.  A  few  of  the  older  coun 
ties  chose  delegates  to  the  constitutional  convention; 
others  had  no  republican  representation.  But  there 
was  a  visible  defection  in  the  democratic  ranks  from 
the  bold  position  taken  by  the  leaders,  that  it  was 
treachery  to  question  their  mandates,  even  when  they 
conflicted  with  the  interests  and  wishes  of  the  sec 
tions  of  country  represented — a  doctrine  directly  op 
posed  in  sentiment  to  that  of  state  rights,  which  the 
party  was  commanded  to  indorse.  This  was  a  species 
of  subordination  against  which  many  intelligent  demo 
crats  protested  as  strongly  as  the  republicans  protested 
against  negro  slavery.  One  newspaper,  the  Portland 
Democratic  Standard,  revolted,  and  was  declared  to 
be  out  of  the  party.1* 

The  June  election  came  on.  The  republican  party 
had  no  candidate  for  delegate,  but  was  prepared  to 
vote  for  G.  W.  Lawson,  a  free  soil  democrat,  who 
announced  himself  as  an  independent  candidate  for 
congress.  Lane  arrived  toward  the  last  of  April,  and 
the  canvass  began.  Hitherto  in  an  election  the  ques 
tions  considered  had  been  chiefly  personal  and  local; 
or  at  the  most,  they  involved  nothing  more  important 
than  a  desired  appropriation  or  a  change  in  the  land 
law.  But  now  the  people  were  called  upon  to  lay 
the  foundation  of  a  state;  to  decide  upon  matters 
affecting  the  interests  of  the  commonwealth  for  all 
time.  The  returns  showed  that  while  the  principles 

14  There  were  few  persons  in  Oregon  not  deeply  interested  in  politics  at 
this  time.  A  correspondent  of  a  California  paper  writes:  'The  Oregoniana 
have  two  occupations,  agriculture  and  politics. '  See  remarks  on  the  causes  of 
dissension  in  the  democratic  party,  in  Or.  Statesman,  April  14  and  21,  18o7. 


A  PROSPECTIVE  CHANGE.  421 

of  democracy  still  retained  their  hold  on  the  people, 
a  far  greater  number  than  ever  before  voted  an  oppo 
sition  ticket,  and  that  of  the  delegates  chosen  to  the 
constitutional  convention  more  than  one  third  were 
either  republicans  or  were  elected  on  the  opposition 
ticket;  that  the  legislature,  instead  of  being  almost 
wholly  democratic  as  for  several  preceding  years, 
would  at  the  next  session  have  a  democratic  major 
ity  of  but  one  in  the  council ;  and  that  there  would 
be  ten  republicans  among  the  thirty  members  of  the 
house.15 

During  this  important  epoch  the  course  of  the 
Statesman  was  cautious  and  prudent,  while  seeming 
to  be  frank  and  fearless.  It  published  with  equal 
and  impartial  tolerance  the  opinions  of  all  who  chose 
to  expound  the  principles  of  freedom  or  the  evils  or 
blessings  of  slavery.  The  other  leading  party  jour 
nals  were  not,  and  could  not  afford  to  be,  so  calm  and 
apparently  indifferent  to  the  issue;  for  while  they 
were  striving  to  mould  public  sentiment,  the  States 
man  had  one  settled  policy,  which  was  to  go  which 
soever  way  the  destinies  of  the  democratic  party  led 
it.  More  than  one  new  campaign  journal  was  estab 
lished,16  and  influences  were  brought  to  bear,  hitherto 

15  The  official  returns  for  delegate  to  congress  gave  Lane  5,662  votes,  and 
Lawson  3,471.     The  constitutional  convention  vote  was  7,617  for  and  1,079 
against.     The  counties  that  gave  a  republican  majority  were  Yamhill,  Wash 
ington,  Multnomah,  Columbia,  and  Clatsop.     Benton  came  within  25  votes  of 
making  a  tie.     In  the  other  counties  of  the  Willamette  there  was  a  large 
democratic  majority.    Or.   Argus,  June   13,   1857;   Or.   Statesman,  July  7, 
1857;  Tribune  Almanac,  1858,  63. 

16  There  was  The  Frontier  Sentinel,  published  at  Corvallis,  whose  purpose 
•was  to  give  '  an  ardent  and  unwavering  support  in  favor  of  the  introduction 
of  slavery  into  Oregon.'    The  publisher  was  L.  P.  Hall  from  California,  and 
the  material  was  from  the  office  of  the  Expositor,  another  democratic  journal, 
whose  usefulness  had  expired,  and  whose  type  was  about  worn  out.  Or.  A  rgus, 
June  20,  1857.     The  Occidental  Messenger,  published  at  Corvallis,  advocated 
the  doctrine  that  there  could  be  no  such  thing  as  a  free  state  democrat.  Or. 
Statesman,  Aug.  25,  1857.     'The  editor  of  that  paper  came  to  Oregon  some 
thing  less  than  six  months  ago,  and  issued  a  prospectus  for  a  weekly  news 
paper.     No  one  knew  where  he  came  from,  who  sent  him,  or  how  much  Avery 
paid  for  him.     In  his  prospectus  he  avowed  himself  in  favor  of  the  present 
national  administration,  in  favor  of  the  principles  enunciated  by  the  Cincin 
nati  national  democratic  convention,  and  in  favor  of   the  introduction  of 
slavery  into   Oregon.'     From   the  remarks  of   the   Jacksonville   Herald,   it 
appears  that  the  Sentinel  and  the  Messenger  were  one  paper,  edited  by  Hall. 


422  OREGON  BECOMES  A  STATE. 

unknown,  to  awaken  in  the  minds  of  the  people,  the 
chief  part  of  whom  were  descendants  of  slave-holders, 
a  desire  for  unpaid  servitude.  To  meet  this  appar 
ently  well  organized  effort  of  the  southern  democrats 
of  the  United  States  senate  and  of  California,  the 
republicans  and  free-state  democrats  of  Oregon  nerved 
themselves  afresh.  All  the  newspapers  of  whatever 
politics  or  religion  were  filled  with  discussions  of 
the  topic  now  more  than  any  other  absorbing  the 
public  mind.  George  H.  Williams  made  a  strong 
appeal  in  an  article  in  the  Statesman  of  July  28th, 
showing  that  Oregon  was  not  adaped  to  slave  labor. 
On  the  other  hand,  F.  B.  Martin  urged  the  advantage 
and  even  the  necessity  of  slave  labor,  both  sides  pre 
senting  lengthy  arguments  convincing  to  themselves.17 
With  more  ardor  than  discretion,  Martin  said  that 
slavery  would  be  a  benefit  to  the  negro  himself;  for 
if  proved  unprofitable,  it  would  die  out,  and  the  blacks 
become  free  in  a  fine  country.  Now  there  was  no 
such  hater  of  the  free  negro  as  the  advocate  of  slave 
labor;  and  unless  the  black  man  could  be  sure  always 
to  remain  a  chattel,  they  would  oppose  his  entrance 

Or.  Statesman,  Nov.  17,  1857.  It  was  in  this  year  that  the  Jacksonville 
Herald  was  first  published,  which  leaned  toward  slavery.  It  was  asserted 
by  the  California  journals  that  the  pro-slavery  party  of  that  state  had  its 
emissaries  in  Oregon,  and  that  it  was  designed  to  send  into  the  territory 
voters  enough  to  give  a  majority  in  favor  of  slavery.  S.  F.  Chronicle,  Aug. 
15,  1857.  Ex-governor  Foote  of  Mississippi,  then  in  California,  visited  Ore 
gon  in  August,  which  movement  the  republicans  thought  significant.  Marys- 
vl/le  Herald  and  S.  F.  Chronicle,  in  Or.  Statesman,  Sept.  8,  1S57.  Chas  E. 
Pickett,  formerly  of  Oregon,  returned  there  from  California,  and  contributed 
some  arguments  in  favor  of  slavery  to  the  columns  of  the  Statesman.  Or. 
Arc/us,  Oct.  10,  1857;  Or.  Statesman,  Oct.  6,  1857. 

17  See  letter  of  J.  W.  Mack  in  favor  of  slave  labor,  in  Or.  Statesman, 
Aug.  18,  1857;  and  of  Thomas  Norris  against,  in  the  Statesman  of  Aug.  4, 
1857;  Or.  Argus,  Jan.  10,  Sept.  5,  Oct.  10,  1857.  The  Pacific  Christian  Ad 
vocate,  methodist,  edited  by  Thomas  Pearne,  shirked  the  responsibility  of 
an  opinion  by  pretending  to  ignore  the  existence  of  any  slavery  agitation,  or 
that  any  prominent  politicians  were  engaged  in  promoting  it.  Adams  re 
torted:  'We  should  like  to  ask  the  Advocate  whether  Jo  Lane,  delegate  to 
congress;  Judge  Deady  of  the  supreme  court;  T' Vault,  editor  of  the  Oregon 
Sentinel;  Avery,  a  prominent  member  of  the  legislature;  Kelsay,  an  influen 
tial  member  of  the  constitutional  convention;  Judge  Dickey  Miller,  a  lead 
ing  man  in  Marion  county;  Mr  Soap  and  Mr  Crisp,  leading  men  in  Yamhill; 
Judge  Holmes  and  Mr  Officer  of  Clackamas,  and  fifty  others  we  might  men 
tion,  who  are  all  rabid  "nigger"  men — are  not  "prominent  politicians."' 
Or.  Aryus,  Sept.  5,  1857, 


THE  NEGRO  IN  POLITICS.  423 

into  Oregon  to  their  utmost.  That  it  was  a  dread 
of  the  free  negro,  quite  as  much  as  a  sentiment 
against  slavery,  which  governed  the  makers  of  the 
constitution  and  voters  upon  it,  is  made  apparent  by 
the  first  form  of  that  instrument  and  the  votes  which 
decided  its  final  form. 

The  constitutional  convention  assembled  at  the 
Salem  court-house  on  the  17th  of  August,  and  made 
A.  L.  Lovejoy  president  pro  tern.18  On  the  follow 
ing  day  M.  P.  Deady  was  chosen  president  of  the 
convention,  with  N.  C.  Terry  and  M.  C.  Barkwell  as 
secretaries.19  The  first  resolution  offered  was  by 
Applegate,  that  the  discussion  of  slavery  would  be 
out  of  "place;  not  adopted.  The  convention  remained 

"Members:  Marion  county,  Geo.  H.  Williams,  L.  F.  G  rover  J.  C.  Peebles, 
Joseph  Cox,  Nicholas  Shram,  Davis  Shannon,  Richard  Miller;  Linn  Delazon 
Smith,  J.  T.  Brooks,  Luther  Elkins,  J.  H.  Brattain,  Jas  Shields  Jr  R.  S. 
Coyle;  Lane,  E.  Hoult,  W.  W.  Bristow,  Jesse  Cox,  A  J.  Campbell  tl.  R. 
Moores,  tPaul  Brattain;  Benton,  John  Kelsay,  *H.  C.  Lewis,  »H.  B.  Nich 
ols,  "William  Matzger;  Polk  and  Tillamook  A  D  Babcock;  Polk,  R.  P. 
Boise,  F.  Waymire,  Benj.  F.  Burch;  Yamhill,  »W.  Olds  *R.  V.  Short  R. 
C  Kinney,  *J.  R.  McBride;  Clackamas,  J.  K.  Kelly,  A.  L.  Lovejoy  JW.  A. 
Starkweather,  H.  Campbell,  Nathaniel  Robbins;  Washington  and  Multnomah 
*Thos  J.  Dryer;  Multnomah,  S.  J.  McCormick,  William  H  Farrar,  *l)avid 
Logan;  Washington,  *E.  D.  Shattuck,  * Joh n  S  White,  *Levi  Anderson; 
Wasco,  C.  R.  Meigs;  Clatsop,  tCyrus  Olney;  Columbia,  *  John  W  Watts; 
Josephine,  S.  Hendershott,  *W.  H.  Watkins;  Jackson,  L.  J  C  Duncan, 
J.  H.  Reed,  Daniel  Newcomb,  §P.  P.  Prim;  Coos,  *T  G.  Lockhart;  Curry, 
William  H.  Packwood;  Umpqua,  »  Jesse  Applegate  *Levi Scott;  Douglas, 
M  P  Deady,  S.  F.  Cliadwick,  Solomon  Fitzhugh,  Thomas  Whitted.  Those 
marked  (*)  were  opposition;  t,  elected  on  opposition  ticket,  but  claiming  to 
be  democrats,  and  understood  to  approve  of  the  platform  of  the  last  territo 
rial  democratic  convention;  £,  elected  on  the  democratic  ticket,  but  said  to  be 
opposed  to  the  democratic  organization;  §,  position  not  known.  Lockhart  s 
election  was  contested  by  P.  B.  Marple,  who  obtained  his  seat  in  the  conven- 

lOIThe  nativity  of  the  members  is  as  follows:  Applegate,  Anderson,  Bristow, 
Coyle  Fitzhugh,  Kelsay,  Moores,  Shields,  8,  Kentucky;  Brattain  of  Lmn, 
Prim.  Shrunk  White,  Whitted,  5,  Tennessee;  Brattain  of  Lane,  Logan,  2, 
North  Carolina;  Babcock,  Dryer,  Lewis,  Olney  Smith,  Williams  Watkins, 
7  New  York;  Boise,  Campbell  of  Clackamas,  Lovejoy,  Olds,  4,  Massachu 
setts:  Burch,  Cox  of  Lane,  McBride,  Watts,  4,  Missouri;  Cox  of  Marion, 
Waymire,  2,  Ohio;  Crooks,  Holt,  Marple,  Newcomb,  Robbms  0  Virginia; 
Campbell  of  Lane,  Shannon,  2,  Indiana;  Chadwick  Meigs,  Starkweather, 
Nichols,  4,  Connecticut;  Deady,  Miller,  2,  Maryland;  Duncan,  1,  Georgia; 
E.kins,  Kelly,  Peebles,  Reed,  Short,  5,  Pennsylvania;  Farrar,  1  New  Hamp 
shire;  Grover,  I.Maine;  Hendershott,  Kinney,  Packwood,  Scott,  4  Illinois; 
Matter,  1,  Germany;  McCormick,  1,  Ireland;  Shattuck,  1,  Vermont. 

19  John  Baker,    sergeant-at-arms;  another  John  Baker,  door-keeper,  the 
latter  defeating  a  candidate  whose  name  was  Baker. 


424  OREGON  BECOMES  A  STATE. 

in  session  four  weeks,  and  frequent  references  to  the 
all-important  topic  were  made  without  disturbing  the 
general  harmony  of  the  proceedings.  The  debates  on 
all  subjects  were  conducted  with  fairness  and  delib 
eration.  In  order  to  avoid  agitation,  it  was  agreed  to 
leave  to  the  vote  of  the  people  the  question  of  negroes, 
free  or  enslaved,  a  special  provision  being  made  for 
the  addition  of  certain  sections,  to  be  inserted  or 
rejected  according  to  the  vote  upon  them.20 

The  influence  of  the  republican  element  on  the  work 
of  the  convention  was  small,  except  as  recusants.21 
Most  of  the  provisions  were  wise;  most  of  them 
were  politic  if  not  all  liberal.  Its  bill  of  rights,  while 
it  gave  to  white  foreigners  who  might  become  resi 
dents  the  same  privileges  as  native-born  citizens,  gave 
the  legislature  the  power  to  restrain  and  regulate  the 
immigration  to  the  state  of  persons  not  qualified  to 
become  citizens'of  the  United  States;  thus  reserving 
to  the  future  state  the  power,  should  there  not  be  a 
majority  in  favor  of  excluding  free  negroes  altogether, 
of  restricting  their  numbers.  The  article  on  suffrage 
declared  that  no  negro,  Chinaman,  nor  mulatto  should 
have  the  right  to  vote.  Another  section,  somewhat 
tinged  with  prejudice,  declared  that  no  Chinaman  who 

20  The  sections  reserved  for  a  separate  vote  read  as  follows:  'Section  — . 
Persons  lawfully  held  as  slaves  in  any  state,  territory,   or  district  of  the 
United  States,  under  the  laws  thereof,  may  be  brought  into  this  state,  and 
such  slaves  and  their  descendants  may  be  held  as  slaves  within  this  state,  and 
shall  not  be  emancipated  without  the  consent  of  their  owners.'     'Section  — . 
There  shall  be  neither  slavery  nor  involuntary  servitude  in  this  state,  other 
wise  than  as  a  punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted.'     'Section  — .  No  free  negro  or  mulatto,  not  residing  in  this  state 
at  the  time  of  the  adoption  of  this  constitution,  shall  ever  come,  reside,  or  ba 
within  this  state,  or  hold  any  real  estate,  or  make  any  contract,  or  maintain 
any  suit  therein;  and  the  legislative  assembly  shall  provide  by  penal  laws  for 
the  removal  by  public  officers  of  all  such  free  negroes  or  mulattoes,  and  for 
their  effectual  exclusion  from  the  state,  and  for  the  punishment  of  persons 
who  shall  bring  them  into  the  state  or  employ,  or  harbor  them  therein.'  Or. 
Statesman,  Sept.  29, 1857;  U.  S.  House  Misc.  Doc.,  38,  vol.  i.  p.  20-1,  35th  cong. 
1st  sess.;  U.  8.  Sen.  Misc.  Z)oc.,226,  vol.  iii.,  35th  cong.   1st  sess.;  Deady's 
Laws  Or.,  124-5;  Or.  Laws,  1857-8,  11-40. 

21  Grover,  Public  Life  in  Or.,  MS.,  76-7,  says  that  among  others  Jesse 
Applegate,  one  of  the  most  talented  men  in  the  country,  was  snubbed  at 
every  turn,  until,  when  the  draft  of  a  constitution  which  he  had  prepared  at 
home  was  peremptorily  rejected,  he  deliberately  took  up  his  hat  and  walked 
out  of  the  court-house. 


CHINESE  AND  ECONOMY.  425 

should  immigrate  to  the  state  after  the  adoption  of 
the  constitution  should  ever  hold  real  estate  or  a  min 
ing  claim,  or  work  any  mining  claim  therein,  and  that 
the  legislature  should  enact  laws  for  carrying  out  this 
restriction.  These  proscriptive  clauses,  however  they 
may  appear  in  later  times,  were  in  accordance  with 
the  popular  sentiment  on  the  Pacific  coast  and  through 
out  a  large  portion  of  the  United  States ;  and  it  may 
be  doubted  whether  the  highest  interests  of  any  nation 
are  not  subserved  by  reserving  to  itself  the  right  to 
reject  an  admixture  with  its  population  of  any  other 
people  who  are  distasteful  to  it.  However  that  may 
be,  the  founders  of  state  government  in  Oregon  were 
fully  determined  to  indulge  themselves  in  their  pre 
judices  against  color,  and  the  qualities  which  accom 
pany  the  black  and  yellow  skinned  races. 

Another  peculiarity  of  the  proposed  constitution 
was  the  manner  in  which  it  defended  the  state  against 
speculation  and  extravagance.  The  same  party  which 
felt  no  compunctions  at  wasting  the  money  of  the 
federal  government  was  careful  to  fix  low  salaries  for 
state  offices,22  to  prevent  banks  being  established  under 
a  state  charter,  to  forbid  the  state  to  subscribe  to  any 
stock  company  or  corporation,  or  to  incur  a  debt  in 
any  manner  to  exceed  fifty  thousand  dollars,  except  in 
case  of  war  or  to  repel  invasion;  or  any  county  to 
become  liable  for  a  surn  greater  than  five  thousand 
dollars. 

These  limitations  may  at  a  later  period  have  hin 
dered  the  progress  of  internal  improvements,  but  at  the 
time  when  they  were  enacted,  were  in  consonance 
with  the  sentiment  of  the  people,  who  were  not  by 
habit  of  a  speculative  disposition,  and  who  were  at 
that  moment  suffering  from  the  unpaid  expenses  of  a 
costly  war,  as  well  as  from  a  long  neglect  of  the  prin 
cipal  resources  of  the  country,  which  was  a  natural 
consequence  of  the  war. 

22 The  salaries  of  the  governor  and  secretary  were  $1,500  each;  of  the 
treasurer,  $800;  of  the  supreme  judges,  $2,000.  The  salaries  of  other  officers 
of  tne  court  were  left  to  be  fixed  by  law.  Dtady's  Laivs  Or.,  120. 


426  OREGON  BECOMES  A  STATE. 

A  clause  of  the  constitution  affecting  the  rights  of 
married  women,  though  it  may  have  had  its  inception 
in  the  desire  to  place  one  half  of  the  donation  claim 
of  each  land  owner  beyond  the  reach  of  creditors,  had 
all  the  air  of  being  progressive  in  sentiment,  and 
probably  aided  in  the  growth  of  that  independence 
among  women  which  is  characteristic  of  the  country.23 
The  boundaries  of  the  state  were  fixed  as  at  present, 
except  that  they  were  made  to  include  the  Walla  Walla 
Valley;  providing,  however,  that  congress  might  on 
the  admission  make  the  northern  boundary  conform 
to  the  act  creating  Washington  Territory,  which  was 
done,  to  the  disappointment  of  many  who  coveted 
that  fair  portion  of  the  country.  The  question  of  the 
seat  of  government  was  disposed  of  by  declaring  that 
the  legislature  should  not  have  power  to  establish  it; 
but  at  the  first  regular  session  after  the  adoption  of 
the  constitution  the  legislative  assembly  should  enact 
a  law  for  submitting  the  matter  to  the  choice  of  the 
people  at  the  next  general  election;  and  no  tax  should 
be  levied  or  money  of  the  state  expended  for  the 
erection  of  a  state  house  before  1865;  nor  should  the 
seat  of  government  when  established  be  removed  for 
the  term  of  twenty  years,  nor  in  any  other  manner 
than  by  the  vote  of  the  people;  and  all  state  institu 
tions  should  be  located  at  the  capital.24 

23  The  clause  referred  to  is  this:  *  The  property  and  pecuniary  rights  of 
every  married  woman,  at   the  time  of  marriage  or  afterwards,  acquired  by 
gift,  devise,  or  inheritance,  shall  not  be  subject  to  the  debts  or  contracts  of 
the  husband;  and  laws  shall  be  passed  providing  for  the  registration  of  the 
wife's  separate  property. '     This  feature  of  the  constitution  made  the  wife  ab 
solute  owner  of  320  acres  or  less,  as  the  case  might  be,  and  saved  the  family 
of  many  an  improvident  man  from  ruin.     The  wife  had,  besides,  under  the 
laws,  an  equal  share  with  the  children  in  the  husband's  estate.     The  princi 
pal  advocate  of  the  property  rights  of  married  women  was  Fred  Waymire, 
the  'old  apostle  of  democracy,'  who  stoutly  maintained  that  the  wTite  had 
earned  in  Oregon  an  equal  right  to  property  with  her  husband.     See  Or. 
Statesman,  Sept.  22,  1857. 

24  With  regard  to  the  school  lands  which  had  been  or  should  be  granted  to 
the  state,  excepting  the  lands  granted  to  aid  in  establishing  a  university,  the 
proceeds,  with  all  the  money  and  clear  proceeds  of  all  property  that  might 
accrue  to  the  state  by  escheat  or  forfeiture,  all  money  paid  as  exemption  from 
military  duty,  the  proceeds  of  all  gifts,  devises,  and  bequests  made  by  any 
person  to  the  state  for  common-school  purposes,  the  proceeds  of  all  property 
granted  to  the  state,  the  purposes  of  which  grant  had  not  been  stated,  all 


A  POPULAR  ELECTION.  427 

It  was  ordered  by  the  convention  that,  should  the 
constitution  be  ratified  by  the  people,  an  election 
should  be  held  on  the  first  Monday  in  June  1858  for 
choosing  the  first  state  assembly,  a  representative  in 
congress,  and  state  and  county  officers;  and  that  the 
legislative  assembly  should  convene  at  the  capital  on 
the  first  Monday  of  July  following,  and  proceed  to 
elect  two  senators  in  congress,  making  also  such 
further  provision  as  should  be  necessary  to  complete 
the  organization  of  a  state  government.  Meanwhile, 
the  former  order  of  things  was  not  to  be  disturbed 
until  in  due  course  of  time  and  opportunity  the  new 
conditions  were  established. 

The  9th  of  November  was  fixed  upon  as  the  day 

the  proceeds  of  the  500,000  acres  to  which  the  state  would  be  entitled  by  the 
provisions  of  the  act  of  congress  of  September  4,  1841,  and  five  per  cent  of 
the  net  proceeds  of  the  sales  of  the  public  lands  to  which  the  state  would  be 
entitled — should  congress  not  object  to  such  appropriation  of  the  two  last- 
mentioned  grants — should  be  set  apart,  with  the  interest  accruing,  as  a  sepa 
rate  and  irreducible  fund,  for  the  support  of  common  schools  in  each  school 
district,  and  the  purchase  of  suitable  libraries  and  apparatus.  Zabriskie's  Land 
Laic,  657-9,  659-63,  664-7.  The  governor  for  the  first  five  years  was  de 
clared  superintendent  of  public  instruction;  but  after  five  years  the  legisla 
ture  might  provide  by  law  for  the  election  of  a  state  superintendent.  The 
governor,  secretary  of  state,  and  state  treasurer  were  made  to  constitute  a 
board  of  commissioners  for  the  sale  of  school  and  university  lands,  and  for 
the  investment  of  the  funds  arising  therefrom,  with  powers  and  duties  to  be 
prescribed  by  law.  The  university  funds  with  the  interest  arising  from  their 
investment  should  remain  unexpended  for  a  period  of  ten  years,  unless  con 
gress  should  assent  to  their  being  diverted  to  common-school  purposes,  as  had 
been  requested.  The  act  of  congress  admitting  Oregon  allowed  the  state  to 
select  lands  in  place  of  these  16th  and  36th  sections  granted  in  previous  acts, 
for  school  purposes,  but  which  had  in  many  cases  been  settled  upon  previous 
to  the  passage  of  the  act  making  the  grant.  It  also  set  apart  72  sections  for 
the  use  and  support  of  a  state  university,  to  be  selected  by  the  governor  and 
approved  by  the  commissioner  of  the  general  land  office,  to  be  appropriated 
and  applied  as  the  legislature  of  the  state  might  prescribe,  for  that  purpose, 
but  for  no  other  purpose.  The  act  of  admission  by  the  grant  of  twelve  salt 
springs,  with  six  sections  of  land  adjoining  or  contiguous  to  each,  furnished 
another  and  important  addition  to  the  common-school  fund,  as  under  the 
constitution  all  gifts  to  the  state  whose  purpose  was  not  named  were  contri 
butions  to  that  fund.  Deadifs  Laws  Or. ,  1 16-1 7.  Congress  did  not  listen  to  the 
prayer  of  the  legislative  assembly  to  take  back  the  gift  of  the  Oregon  City 
claim  and  give  them  two  townships  somewhere  else  in  place  of  it.  Neither 
could  they  find  any  talent  willing  to  undertake  the  legal  contest  with  Mc- 
Loughlin,  who  held  possession  up  to  the  time  of  his  death  in  September  1857, 
and  his  heirs  after  him.  Finally,  to  be  no  more  troubled  with  the  unlucky 
donation,  the  legislative  assembly  of  1862  reconveyed  it  to  McLoughlin's 
heirs,  on  condition  that  they  should  pay  into  the  university  fund  the  sum  of 
$1,000,  and  interest  thereon  at  ten  per  cent  per  annum  forever. 


428  OREGON  BECOMES  A  STATE. 

when  the  people  should  decide  at  the  polls  upon  the 
constitution  and  the  questions  accompanying  it.  The 
interval  was  filled  with  animated  discussions  upon 
slavery,  on  the  rostrum  and  in  the  public  prints;  the 
pro-slavery  papers  being  much  more  bitter  against 
the  constitution  for  not  making  Oregon  a  slave  state 
than  the  opposition  papers  for  neglecting  to  make  it 
a  free  state.  The  latter  gave  the  constitution  little 
support;  because,  in  the  first  place,  it  was  well  under 
stood  that  the  party  which  formed  it  was  bent  on  ad 
mission,  in  order  to  retain  in  its  own  grasp  the  power 
which  a  change  of  administration  might  place  in  the 
hands  of  the  free-soil  party,  under  the  territorial 
organization,  as  well  as  because  they  did  not  wholly 
approve  the  instrument.  There  was,  as  could  only 
be  expected,  the  usual  partisan  acrimony  in  the  argu 
ments  on  either  side.  Fortunately  the  time  was  short 
in  which  to  carry  on  the  contest.  Short  as  it  was, 
however,  it  developed  more  fully  a  style  of  political 
journalism  which  was  not  argument,  but  invective — a 
method  not  complimentary  to  the  masses  to  be  in 
fluenced,  and  really  not  furnishing  a  fair  standard  by 
which  to  judge  the  intelligence  of  the  people. 

The  vote  on  the  constitution  resulted  in  a  majority 
of  3,980  in  favor  of  its  adoption.  There  was  a  ma 
jority  against  slavery  of  5,082;  and  against  free  ne 
groes  of  7,559.  The  counties  which  gave  the  largest 
vote  in  favor  of  slavery  were  Lane  and  Jackson. 
Douglas  gave  a  majority  of  29  for  slavery,  while  only 
23  votes  were  recorded  in  the  county  for  free  negroes. 
Indeed,  the  result  of  the  election  demonstrated  the 
fact  that  the  southern  sentiment  concerning  the  black 
race  had  emigated  to  Oregon  along  with  her  sturdy 
pioneers.  Enslaved,  the  negro  might  be  endured; 
free,  they  would  have  none  of  him.  The  whole 
number  of  votes  polled  was  only  about  10,400;  7,700 
voted  against  slavery;  8,600  against  free  negroes; 
the  remaining  1,000  or  1,100  were  probably  indif- 


LEGISLATIVE  ASSEMBLY.  429 

ferent,  but  being  conscientious  republicans,  allowed 
the  free  negro  to  come  or  go  like  any  other  free  man.25 

The  adoption  of  the  constitution  was  a  triumph  for 
the  regular  democratic  party,  which  expected  to  con 
trol  the  state.  Whether  or  not  congress  would  ad 
mit  Oregon  at  the  first  session  of  1857-8  was  doubt 
ful;  another  year  might  pass  before  the  matter  was 
determined.  The  affairs  of  the  territory  in  the  mean 
time  must  go  on  as  usual,  though  they  should  be 
shaped  as  much  as  possible  to  meet  the  anticipated 
change. 

The  legislative  assembly26  met  on  the  17th  of  De 
cember,  and  on  notifying  the  governor,  received^  a 
message  containing  a  historical  review  from  the  begin 
ning.  The  governor  approved  the  constitution,  and 
congratulated  the  assembly  on  the  flourishing  condi 
tion  of  the  country. 

The  legislature  of  1857-8  labored  under  this  disad 
vantage,  "not  altogether  new,  of  not  knowing  how  to 
conform  its  proceedings  to  the  will  of  the  general  gov 
ernment.  Although  not  yet  admitted  to  the  union,  a 

™Grover'sPub.  Life,  MS.,  53-5;  Or.  Laws,  1857-8,  p.  41;  Or.  Statesman, 
Dec.  22,  1857;  Or.  Argus,  Dec.  5,  1857. 

2U  Members  of  the  council:  A.  M.  Berry,  Jackson  and  Josephine;  Hugh 
D  O'Bryant,  Umpqua,  Coos,  Curry,  and  Douglas;  *A.  A.  Smith,  Lane  and 
Benton-  Charles  Drain,  Linn;  'Nathaniel  Ford,  Polk  and  Tillamook;  *Thomas 
Scott  Yamhill  and  Clatsop;  Edward  Sheil,  Marion;  A.  E.  Wait,  Clackamas 
and  Wasco;  'Thomas  R.  Cornelius,  Washington,  Multnomah,  and  Columbia. 
President  of  council,  H.  D.  O'Bryant;  clerk,  Thomas  B.  Micou;  assistant 
clerk,  William  White;  enrolling  clerk,  George  A.  Eades;  sergeant-at-arms, 
Robert  Shortess;  door-keeper,  William  A.  Wright. 

Members  of  the  house  of  representatives:  George  Able,  E.  C.  Cooley,  J. 
Woodsides,  Marion;  Anderson  Cox,  N.  H.  Cranor,  H.  M  Brown,  Linn;  Ira 
F  M  Butler  Polk;  Benjamin  Hayden,  Polk  and  Tillamook;  *lleuben  C.  Hill, 
•James  H.  Slater,  Benton;  *A.  J.  Shuck,  'William  Allen,  Yamhill;  *H.  V. 
V.  Johnson,  Washington;  'Thomas  J.  Dryer,  Washington  and  Multnomah; 
'William  M.  King,  Multnomah;  'Joseph  Jeffries,  Clatsop;  *F.  M.  Warren, 
Columbia;  N.  H.  Gates,  Wasco;  S.  P.  Gilliland,  F.  A.  Collard,  George  Rees, 
Clackamas;  J.  W.  Mack,  John  Whitaker,  Lane;  'James  Cole,  Umpqua;  A. 
A.  Matthews,  Douglas;  Kirkpatrick,  Coos  and  Curry;  H.  H.  Brown,  Will 
iam  H.  Hughes,  Jackson;  R.  S.  Belknap,  Jackson  and  Josephine;  J.  G. 
Spear,  Josephine.  Speaker  of  the  house,  Ira  F.  M.  Butler;  clerk,  Charles 
B  Hand;  assistant  clerk,  N.  T.  Caton;  enrolling  clerk,  George  L.  Russell; 
sergeant-at-arms,  J.  B.  Sykes;  door-keeper,  J.  Henry  Brown.  Or.  Laws, 
1857-8,  p.  9-10.  *  Opposition. 


430  OREGON  BECOMES  A  STATE. 

portion  of  the  members  were  in  favor  of  regarding 
their  assembly  as  a  state  body,  and  framing  their  acts 
accordingly.  Others  thought  that  endless  discussions 
would  arise  as  to  the  authority  of  the  constitution 
before  its  approval  by  congress,  and  were  for  making 
only  such  local  laws  as  were  required.  Great  efforts 
were  made  to  keep  the  subject  of  slavery  in  the 
background,  lest  by  the  divisions  of  the  democratic 
party  on  that  issue,  the  democratic  majority  at  the 
first  state  election  should  be  lessened  or  endangered. 
After  some  miscellaneous  business,  and  the  election 
of  territorial  officers,27  the  assembly  adjourned  Decem 
ber  19th  to  meet  again  on  the  5th  of  January.  On 
the  day  of  the  adjournment  the  democratic  central 
committee  held  a  meeting  to  arrange  for  a  state  con 
vention,  at  which  to  nominate  for  the  June  election  in 
1858. 

At  the  election  of  1858  there  were  three  parties 
in  the  field,  Oregon  democrats,  national  democrats,23 
and  republicans.29  The  national  faction  could  not  get 
beyond  a  protest  against  tyranny.  It  nominated  J. 
K.  Kelly  for  representative  in  congress,  and  E.  M. 
Barnum  for  governor.30  The  republicans  nominated 
an  entire  ticket,  with  John  R.  McBride  for  congress 
man  and  John  Denny  for  governor.  Feeling  that 

27 Most  of  the  old  officers  were  continued;  Joseph  Sloan  was  elected  super 
intendent  of  the  penitentiary.  Or.  Statrsman,  Dec.  22,  1857. 

28  The  nationals  were  the  few  too  independent  to  submit  to  leaders  instead 
of  the  people.     Their  principal  men  were  William  M.  King,  Nathaniel  Ford, 
Thomas  Scott,   Felix  A.   Collard,  Andrew  Shuck,  George  Rees,  James  H. 
Slater,  William  Allen,  and  S.  P.  Gilliland. 

29  The  platform  of  the  republican  party  distinctly  avowed  its  opposition 
to  slavery,  which  it  regarded  as  a  merely  local  institution,  one  which  the  found 
ers  of  the  republic  deprecated,  and  for  the  abolition  of  which  they  made 
provisions  in  the  constitution.     It  declared  the  Kansas  troubles  to  be  caused 
by  a  departure  from  the  organic  act  of  1787,  for  the  government  of  all  the 
territory  then  belonging  to  the  republic,  and  which  had  been  adhered  to 
until  1854,  since  which  a  democratic  administration  had  endeavored  to  force 
upon  the  people  of  Kansas  a  constitution  abhorrent  to  their  feelings,  and  to 
sustain  in  power  a  usurping  and  tyrannical  minority — an  outrage  not  to  be 
borne  by  a  free  people.     It  called  the  Dred  Scott  decision  a  disgrace,  and 
denounced  the  democratic  party  generally.  Or.  Argus,  April  10,  1858. 

30  The  remainder  of  the  ticket  was  E.  A.  Rice  for  secretary;  J.  L.  Brom 
ley,  treasurer;  James  O'Meara,  state  printer. 


DEMOCRATIC  VICTORY.  431 

the  youth  and  inexperience  of  their  candidate  for 
congress  could  not  hope  to  win  against  the  two  demo 
cratic  candidates,  the  republicans,  with  the  consent  of 
McBride,  voted  for  Kelly,  whom  they  liked,  and 
whom  they  hoped  not  only  to  elect,  but  to  bring  over 
to  their  party.31 

Meanwhile,  though  Kelly  ran  well,  the  thorough 
organization  of  the  democratic  party  secured  it  the 
usual  victory;  Grover  was  elected  state  representa 
tive  to  congress;  John  Whiteaker,  governor;  Lucien 
Heath,  secretary;  J.  D.  Boon,  treasurer;  Asahel  Bush, 
state  printer;  Deady,  Stratton,  Boise*,  and  Wait, 
judges  of  the  supreme  court ;  A.  C.  Gibbs,  H.  Jackson, 

D.  W.  Douthitt,  and  B.   Hayden,  attorneys  for  the 
1st,  3d,  4th,  and  5th  districts.     The  only  republican 
elected  for  a  state  office  was  Mitchell,  candidate  for 
prosecuting  attorney  in  the  2d  district.32     The  state 

31  The  remainder  of  the  republican  ticket  was  Leander  Holmes,  secretary; 

E.  L.  Applegate,  treasurer;  D.  W.  Craig,  state  printer;  C.  Barrett,  judge  of 
the  1st  district,  John  Kelsay  of  the  2d,  J.  B.  Condon  of  the  3d,  and  Ainory 
Hoi  brook  of  the  4th;  prosecuting  attorneys,  in  the  same  order,  beginning  with 
the  2d  district,  M.  W.  Mitchell,  George  L.  Woods,  W.  G.  Langford,  and  Bren- 
nan.     It  was  advocated  in  secret  caucus  to  send  to  California  for  E.   D. 
Baker  to  conduct  the  canvass,  and  speak  against  the  array  of  democratic 
talent.     The  plan  was  not  carried  out,  but  home  talent  was  put  to  use.     In 
this  campaign  E.  L.  Applegate,  son  of  Lindsey  and  nephew  of  Jesse  Apple- 
gate,  first  made  known  his  oratorical  abilities.     His  uncle  used  to  say  of  him 
that  lie  got  his  education  by  reading  the  stray  leaves  of  books  torn  up  and 
thrown  away  on  the  road  to  Oregon.     He  was  however  provided  with  that 
general  knowledge  which  in  ordinary  life  passes  unchallenged  for  education, 
and  which,  spread  over  the  surface  of  a  campaign  speech,  is  often  as  effective 
as  greater  erudition.     Another  who  began  his  public  speaking  with  the  forma 
tion  of  the  republican  party  in  Oregon  was  George  L.  Woods.    His  subsequent 
success  in  public  life  is  the  best  evidence  of  his  abilities.    He  was  cousin  to  John 
R.  McBride,  the  candidate  for  congress.     Both  were  friends  and  neighbors  of 
W.  L.  Adams,  and  the  three,  with  their  immediate  circle  of  relatives  and 
friends,  carried  considerable  weight  into  the  republican  ranks.     Woods  was 
born  in  Boone  co.,  Mo.,  July  30,  1832,  and  came  to  Oregon  with  his  father, 
Caleb  Woods,  in  1847.     The  family  settled  in  Yamhill  co.     In  1853  he  mar 
ried  his  cousin  Louisa  A.  McBride;  their  children  being  two  sons.     Woods 
was  self-educated;  reading  law  between  the  labors  of  the  farm  and  carpen 
ter's  bench.     His  career  as  a  politician  will  appear  in  the  course  of  this 
history. 

32  The  office  of  state  printer,  so  long  held  by  Bush,  was  only  gained  by 
400  majority — the  lowest  of  any.     It  was  not  Craig,  however,  who  divided 
the  votes  with  him  so  successfully,  but  James  O'Meara,  the  candidate  of  the 
national  democrats,  who  came  from  California  to  Oregon  in  1857.     In  the 
spring  of  1858  O'Meara  succeeded  Alonzo  Leland  as  editor  of  the  Democratic 
Standard. 


432  OREGON  BECOMES  A  STATE. 

legislature  consisted  of  twenty-nine  democrats  and  five 
republicans  in  the  lower  house,  and  twelve  democrats 
and  four  republicans  in  the  senate.33  According  to 
the  constitution,  the  first  state  legislature  was  required 
to  meet  on  the  first  Monday  in  July  1858,  and  pro 
ceed  to  elect  two  senators  to  congress,  and  make  such 
other  provision  as  was  necessary  to  complete  the  or 
ganization  of  a  state  government.  In  compliance  with 
this  requirement,  the  newly  elected  legislature  met 
on  the  5th  of  July,  and  chose  Joseph  Lane  and  De- 
lazon  Smith  United  States  senators.34  On  the  8th 
the  inauguration  of  Governor  Whiteaker  took  place, 
Judge  Boise  administering  the  oath.35  Little  business 
was  transacted  of  a  legislative  nature.  A  tax  of  two 

33  Senate:  Marion  county,  J.  W.  Grim,  E.  F.  Colby;  Yamhill,  J.  Lam- 
son;  Clackamas  and  Wasco,  J.  S.  Ruckle;  Polk,  F.  Waymire;  Linn,  Luther 
Elkins,  Charles  Drain;  Lane,  W.  W.  Bristow,  A.  B.  Florence;  Umpqua, 
Coos,  and  Curry,  D.  H.  Wells;  Jackson,  A.  M.  Berry;  Josephine,  S.  R. 
Scott;  Washington,  Columbia,  Clatsop,  and  Tillamook,  *T.  R.  Cornelius; 
Multnomah,  *J.  A.  Williams;  Benton,  *John  S.  Mclteeney;  Douglas,  *J.  F. 
Gazley.  House:  Clatsop  and  Tillamook,  R.  W.  Morrison;  Columbia  and 
Washington,  Nelson  Hoyt;  Multnomah,  A.  D.  Shelby,  *T.  J.  Dryer;  Clack 
amas,  A.  F.  Hedges,  B.  Jennings,  D.  B.  Hannah;  Wasco,  Victor  Trevitt; 
Polk,  B.  F.  Burch,  J.  K.  Wait;  Marion,  B.  F.  Harding,  B.  F.  Bonham,  J. 
H.  Stevens,  J.  H.  Lassater;  Linn,  N.  H.  Cranor,  E.  E.  Mclninch,  T.  T. 
Thomas,  John  T.  Crooks;  Lane,  R.  B.  Cochran,  A.  S.  Patterson,  A.  J.  Cru- 
zan;  Umpqua,  J.  M.  Cozad;  Douglas,  Thomas  Norris,  *A.  J.  McGee;  Coos 
and  Curry,  William  Tichenor;  Jackson,  Daniel  Newcomb,  W.  G.  T'Vault, 
*J.  W.  Cully;  Josephine,  D.  H.  Holton;  Washington,  *Wilson  Bowlby; 
Yamhill,  *A.  Shuck,  J.  C.  Nelson  (resigned);  Benton,  J.  H.  Slater,  H.  B. 
Nichols.  Luther  Elkins  was  chosen  president  of  the  senate  and  W.  G. 
T'Vault  speaker  of  the  house.  *  Republicans. 

31  Lane  wrote  from  Washington,  May  18,  1858,  soliciting  the  nomination, 
and  promising  to  do  much  if  elected;  declaring,  however,  that  he  did  not 
wish  a  seat  in  the  senate  at  the  expense  of  harmony  in  the  democratic  party. 
He  added  a  postscript  to  clinch  the  nail.  'Dear  Bush — The  bill  for  the  ad 
mission  of  Oregon  has  this  moment  passed  the  senate,  35  to  17.  All  right  in 
the  house.  Your  friend,  Lane.'  Or.  Statesman,  June  29,  1858.  Notwith 
standing  the  promises  contained  in  this  letter,  and  the  bait  held  out  by  ad 
dendum,  Lane  made  no  effort  to  get  the  bill  through  the  house  at  that  ses 
sion.  He  wished  to  secure  the  senatorship,  but  he  was  not  anxious  to 
have  Oregon  admitted  until  the  time  was  ripe  for  the  furtherance  of  a  scheme 
of  the  democratic  party,  into  which  the  democrats  of  Oregon  were  not  yet 
admitted. 

35  John  Whiteaker  was  born  in  Dearborn  co. ,  Ind. ,  in  1820.  He  came  to  the 
Pacific  coast  in  1849,  and  to  Oregon  in  1852.  San  Jos6  Pioneer,  Dec.  21,  1878. 
His  early  life  was  spent  on  a  farm  in  his  native  state.  At  the  age  of  25  he 
married  Miss  N.  J.  Hargrove,  of  111.,  and  on  the  discovery  of  gold  in  Cal. 
came  hither,  returning  to  111.  in  1851  and  bringing  his  family  to  Oregon.  He 
settled  in  Lane  county  in  1852,  where  he  was  elected  county  judge.  He  was 
a  member  of  the  legislature  of  1857.  Representative  Men  of  Oregon,  178. 


EFFORTS  FOR  ADMISSION.  433 

mills  on  a  dollar  was  levied  to  defray  current  expenses; 
and  an  act  passed  to  regulate  the  practice  of  the 
courts;  and  an  act  appointing  times  for  holding 
courts  for  the  year  1858. 86  These  laws  were  not 
to  take  effect  until  the  state  was  admitted  into  the 
Union. 

Four  weeks  of  suspense  passed  by,  and  it  became 
certain  that  Oregon  had  not  been  admitted.  The  war 
debt  had  made  no  advancement  toward  being  paid. 
The  records  of  congress  showed  no  effort  on  the  part 
of  Lane  to  urge  either  of  these  measures,  neither  did 
he  offer  any  explanation;  and  it  began  to  be  said  that 
he  was  purposely  delaying  the  admission  of  Oregon 
until  the  next  session  in  order  to  draw  mileage  as 
both  delegate  and  senator.  It  was  also  predicted 
that  there  would  be  difficulty  in  procuring  the  ad 
mission  at  the  next  session,  as  congress  would  then 
be  disposed  to  insist  on  the  rule  recently  established 
requiring  a  population  of  93,000  to  give  the  state 
a  representative ;  but  it  was  hinted  that  if  the  senators 
and  representative  elect  should  be  on  the  ground  at 
the  convening  of  congress,  there  would  still  be  hope. 

36  This  was  in  reference  to  a  law  of  congress  passed  in  Aug.  1856,  that 
the  judges  of  the  supreme  court  in  each  of  the  territories  should  fix  the 
time  and  places  of  holding  courts  in  their  respective  districts,  and  the  dura 
tion  thereof;  providing,  also,  that  the  courts  should  not  beheld  in  more  than 
three  places  in  any  one  territory,  and  that  they  should  adjourn  whenever  in 
the  opinion  of  the  judges  their  further  continuance  was  unnecessary.  This 
was  repaying  Oregon  for  her  course  toward  the  federal  judges,  and  was  held 
to  work  a  hardship  in  several  ways.  Lane  was  censured  for  allowing  the  act 
to  pass  without  a  challenge.  However,  to  adjust  matters  to  the  new  rule, 
the  legislature  of  1856-7  passed  an  act  rearranging  the  practice  of  the  courts, 
and  a  plaintiff  might  bring  an  action  in  any  court  most  convenient;  witnesses 
not  to  be  summoned  to  the  district  courts  except  in  admiralty,  divorce,  and 
chancery,  or  special  cases  arising  under  laws  of  the  U.  S. ;  but  the  district 
courts  should  have  cognizance  of  offences  against  the  laws  of  the  territory  in 
bailable  cases;  and  should  constitute  courts  of  appeal — the  operation  of  the 
law  being  to  place  the  principal  judicial  business  of  the  territory  in  the  county 
courts.  Or.  Laws,  1856-7,  p.  17-23.  Another  act  was  passed  requiring  a 
single  term  of  the  supreme  court  to  be  held  at  Salem  on  the  6th  of  Aug., 
1857,  and  on  the  first  Monday  in  Aug.  annually  thereafter;  and  repealing 
all  former  acts  appointing  terms  of  the  supreme  court.  The  object  of  this 
act  was  to  put  off  the  meeting  of  the  judges  at  the  capital  until  after  the  ad 
mission  of  Oregon,  thus  rendering  inoperative  the  law  of  congress — as  Smith 
explained  to  the  legislature  at  the  time  of  its  passage.  But  it  happened  that 
Oregon  was  not  admitted  in  1857,  which  failure  left  the  U.  S.  courts  in  sus 
pense  as  to  how  to  proceed;  hence  the  action  of  this  legislature. 
HIST.  OB.,  VOL.  II.  28 


434  OREGON  BECOMES  A  STATE. 

Acting  upon  this  suggestion,  Grover  and  Smith  set 
out  for  the  national  capital  about  the  last  of  Septem 
ber,  to  hasten,  if  possible,  the  desired  event.37  At 
this  trying  juncture  of  affairs,  Lane  gave  advice, 
which  the  Statesman  had  the  good  sense  to  discounte 
nance,  that  the  state,  having  been  organized,  should 
go  on  as  a  state,  without  waiting  for  the  authority  of 
congress.  He  was  afterward  accused  of  having  done 
this  with  a  sinister  motive,  to  bring  Oregon  into  the 
position  of  a  state  out  of  the  union. 

It  was  determined  not  to  hold  the  September  term 
of  the  state  legislature,  which  might  bring  nothing 
but  debt.  A  few  of  the  members  went  to  Salem  at 
the  time  appointed,  but  they  adjourned  after  an  in 
formal  meeting.  It  now  became  certain  that  there 
must  be  a  session  of  the  territorial  assembly  at  the 
usual  time  in  December  and  January,  as  the  territo 
rial  government  must  go  on  during  the  suspension  of 
the  state  government.  Accordingly,  on  the  6th  of 
December,  the  members  of  the  territorial  legislature, 
who  had  been  elected  at  the  same  time  with  the  state 
legislature  to  provide  against  the  present  contingency, 
assembled  at  Salem  and  proceeded  to  the  usual  busi 
ness.38 

«  Oraver'a  Pub.  Life,  MS.,  71. 

38  Council:  Jackson  and  Josephine,  A.  M.  Berry;  Umpqua,  Coos,  Curry, 
and  Douglas,  Hugh  D.  O'Bryant;  Lane  and  Benton,  James  W.  Mack;  Linn, 
Charles  Drain;  Polk  and  Tillamook,  *N.  Ford;  Yamhill  and  Clatsop,  George 
H.  Steward;  Marion,  Samuel  Parker;  Clackamas  and  Wasco,  A.  E.  Wait; 
Washington,  Multomah,  and  Columbia,  *Thos  R.  Cornelius.  House:  Marion, 
B.  F.  Bonham,  J.  H.  Stevens,  J.  H.  Lassater;  Linn,  N.  H.  Cranor,  E.  E. 
Mclninch,  John  T.  Crooks;  Polk,  Isaac  Smith;  Polk  and  Tillamook,  H.  N. 
V.  Holmes;  Benton,  *  James  H.  Slater,  *H.  B.  Nichols;  Yamhill,  A.  Zieber, 
J.  H.  Smith;  Washington,  *  Wilson  Bowlby;  Washington  and  Multnomah, 
*E.  D.  Shattuck;  Multnomah,  *T.  J.  Dryer;  Clatsop,  *W.  W.  Parker;  Co 
lumbia,  W.  R.  Strong;  Wasco,  N.  H.  Gates;  Clackamas,  A.  F.  Hedges,  D. 
B.  Hannah,  B.  Jennings;  Lane,  W.  W.  Chapman,  W.  S.  Jones;  Umpqua, 
*  James  Cole;  Douglas,  *A.  E.  McGee;  Coos  and  Curry,  William  Tichenor; 
Jackson,  W.  G.  T'Vault,  S.  Watson;  Jackson  and  Josephine,  D.  Newcomb; 
Josephine,  D.  S.  Holton.  Officers  of  council:  Charles  Drain,  president;  N. 
Huber,  clerk;  W.  L.  White,  assistant  clerk;  H.  H.  Howard,  enrolling  clerk; 
D.  S.  Herren,  sergeant-at-arms;  James  L.  Steward,  door-keeper.  Officers  of 
the  house  of  representatives:  N.  H.  Gates,  speaker;  James  M.  Pyle,  clerk; 
H.  W.  Allen,  assistant  clerk;  J.  D.  Porter,  enrolling  clerk;  E.  C.  McClane, 
sergeant-at-arms;  Joseph  H.  Brown,  door-keeper.  Or.  Laws,  1858-9,  7-9. 
^.Republican. 


GOVERNOR'S  MESSAGE.  435 

Governor  Curry's  message  indicated  the  Lane  in 
fluence.  It  contained  some  remarks  on  what  the  States 
man  called  the  anomaly  of  a  territorial  government, 
and  urged  that  the  territorial  system  was  uncon 
stitutional,  wrong  in  principle,  and  not  in  harmony 
with  the  spirit  of  American  institutions.  He  declared 
there  was  no  provision  of  the  constitution  which  con 
ferred  the  right  to  acquire  territory,  to  be  retained  as 
territory  and  governed  by  congress  with  absolute 
authority;  nor  could  the  people  of  the  United  States 
who  chose  to  go  out  and  reside  upon  the  vacant  ter- 
tory  of  the  nation,  be  made  to  yield  a  ready  obedience 
to  whatever  laws  congress  might  deem  best  for  their 
government,  or  to  pay  implicit  deference  to  the  author 
ity  of  such  officers  as  were  sent  out  to  rule  over  them. 
No  such  power,  according  to  Governor  Curry's  view, 
had  ever  been  delegated  to  the  government  by  the 
sovereign  people  of  the  sovereign  states,  who  alone 
could  confer  it;  and  the  only  authority  of  congress 
over  the  territories  was  that  derived  from  a  clause  in 
the  constitution  intended  simply  to  transfer  to  the 
new  government  the  property  held  in  common  by  the 
original  thirteen  states,  together  with  the  power  to' 
apply  it  to  objects  mutually  agreed  upon  by  the  states 
before  their  league  was  dissolved.  The  power  of  en 
larging  the  limits  of  the  United  States  was  by  ad 
mitting  new  states,  and  by  that  means  only.  It  was 
contended  that  California,  which  had  no  territorial 
existence,  came  into  the  union  more  legitimately  than 
Oregon  would  do,  because  Oregon  had  submitted  it 
self  to  the  authority  of  the  general  government. 
This  and  more  was  declared,  in  a  clear  and  argument 
ative  style,  very  attractive  if  not  convincing.  The 
Statesman  recommended  it  to  the  perusal  of  its  read 
ers,  at  the  same  time  declining  to  discuss  the  ques 
tion.  This  was  only  another  indication  of  the  ten 
dencies  of  the  democratic  party  in  Oregon,  as  else 
where.  Curry's  whole  argument  was  an  attack  on 
the  validity  of  the  ordinance  of  1787,  to  which  the 


436  OREGON  BECOMES  A  STATE. 

founders  of  the  provisional  government  had  tenaciously 
clung,  and  a  contradiction  of  the  spirit  of  all  the  pe 
titions  and  memorials  of  their  legislatures  from  the 
beginning  to  the  then  present  time.  He  lost  sight  of 
the  fact  that  the  states  were  not  such  in  the  old- 
world  sense  of  the  term,  but  parts  of  a  compound 
state  or  national  confederacy;  and  as  such  subject  to 
some  general  regulations  which  they  were  bound  to 
obey.  The  doctrine  that  a  body  of  the  people  could 
go  out  and  seize  upon  any  portion  of  the  territory  be 
longing  to  the  whole  union,  and  establish  such  a  gov 
ernment  as  pleased  them  without  the  consent  of  the 
nation,  was  not  in  accordance  with  any  known  system 
of  national  polity.  The  object  of  introducing  this 
subject  in  an  executive  message  under  the  existing 
peculiar  political  condition  of  Oregon,  and  at  a  time 
when  his  connection  with  territorial  affairs  was  merely 
incidental,  must  ever  remain  open  to  suspicion.  It 
was  fortunate,  with  leading  officials  capable  of  such 
reasoning,  that  the  people  had  already  voted  upon  and 
decided  for  themselves  the  question  which  lay  at  the 
bottom  of  the  matter,  not  upon  constitutional  grounds, 
but  upon  the  ground  of  expediency. 

Little  was  done  at  this  session  of  the  legislative 
assembly  beyond  amending  a  few  previous  acts,  and 
passing  a  number  of  special  laws  incorporating  mining 
improvements  in  the  southern  counties,  and  other 
companies  for  various  purposes  in  all  parts  of  Oregon. 
Less  than  the  usual  number  of  memorials  were  ad 
dressed  to  congress.  An  appropriation  of  $30,000  was 
asked  to  build  a  military  road  from  some  point  of  inter 
section  on  the  Scottsburg  road,  to  Fort  Boise ;  it  being 
represented  that  such  a  highway  would  be  of  great 
value  in  moving  troops  between  forts  Umpqua  and 
Boise,  and  of  great  importance  to  the  whole  southern 
and  western  portion  of  Oregon.  A  tri-weekly  mail,  by 
stages  between  Portland  and  Yreka,  was  petitioned 


PETITIONS  TO  CONGRESS.  437 

for;39  and  the  Oregon  delegate  was  instructed  to  ask 
for  land  offices  to  be  opened  at  Jacksonville  and  The 
Dalles,  for  the  survey  of  a  portion  of  eastern  Oregon, 
and  for  the  establishment  of  an  Indian  agency  and 

39  The  Pacific  Mail  Steamship  Company  procured  the  removal  of  the  dis 
tributing  office  for  Oregon  from  Astoria  to  San  Francisco  about  1853,  as  I  have 
before  mentioned,  causing  confusion  and  delay  in  the  receipt  of  mails,  the 
clerks  in  San  Francisco  being  ignorant  of  the  geography  of  Oregon,  and  the 
system  being  obnoxious  for  other  reasons.  A  mail  arrived  after  the  ordinary 
delay  at  Oregon  City,  Dec.  21st,  and  lay  there  until  Jan.  1st,  with  no  one  to 
attend  to  forwarding  the  mail-bags  to  their  proper  destinations  up  the  valley. 
Such  was  the  state  of  things  in  1856.  The  legislature  petitioned  and  remon 
strated.  In  1857,  when  Lane  was  in  Oregon  and  was  re-elected  to  congress,  he 
gave  as  a  reason  for  not  having  secured  a  better  mail  service  that  the  republi 
cans  had  a  majority  in  congress,  when  this  same  republican  congress  had  ap 
propriated  $500,000  for  an  overland  mail  to  California,  which  was  intended  to 
operate  as  an  opening  wedge  to  the  Pacific  railroad;  but  the  democrats,  by  way 
of  favoring  the  south,  succeeded  in  establishing  the  overland  mail  route  by  the 
way  of  El  Paso  in  Mexico.  A  contract  was  concluded  about  the  same  time 
with  the  P.  M.  S.  S.  Co.  for  carrying  mails  between  Panamd  and  Astoria, 
for  $248,250  per  annum,  and  the  service  by  sea  was  somewhat  improved,  al 
though  still  very  imperfect.  In  the  mean  time  the  overland  mail  to  Califor 
nia  was  established,  the  first  coach  leaving  St  Louis  Feb.  16,  1858.  It  was 
some  months  before  it  was  established,  the  second  arriving  at  San  Francisco 
in  October,  and  the  first  from  San  Francisco  arriving  at  Jefferson,  Missouri, 
Oct.  9th,  with  six  passengers,  in  23  days  4  hours.  This  was  quicker  time; 
than  the  steamers  made,  and  being  more  frequently  repeated  was  a  great  gain 
in  communication  with  the  east  for  California,  and  indirectly  benefited 
Oregon,  though  Oregon  could  still  only  get  letters  twice  a  month. 

Before  1857  there  was  no  line  of  passenger  coaches  anywhere  in  Oregon. 
One  Concord  coach  owned  by  Charles  Eae  was  the  only  stage  in  the  Willa 
mette  from  1853  to  1855.  A  stage  line  from  Portland  to  Salem  was  put  on 
the  road  in  1857,  making  the  journey,  50  miles,  in  one  day.  In  1859,  a  mail 
and  passenger  coach  ran  once  a  week  from  Salem  to  Eugene,  and  from  Eu 
gene  to  Jacksonville.  Weekly  and  semi-weekly  nwails  had  been  carried  to  the 
towns  on  the  west  side  of  the  valley,  Hillsboro,  Lafayette,  Dallas,  and  Cor- 
vallis;  but  the  post-office  department  in  I860  ordered  this  service  to  be  re 
duced  to  a  bi-monthly  one,  and  that  the  mail  should  be  carried  but  once  a 
week  to  Jacksonville  and  the  towns  On  the  way.  'If  Lane  keeps  on  helping 
us,'  said  the  Arf/us,  'we  shall  soon  have  a  monthly  mail  carried  on  foot  or  in 
a  canoe.'  On  the  other  hand,  the  people  were  clamoring  for  a  daily  mail  from 
Portland  to  Jacksonville,  with  little  prospect  of  getting  it  until  the  Califor 
nia  Stage  Company  interposed  with  a  proposition  to  the  postal  department  to 
carry  the  mail  daily  overland  to  Oregon.  This  company,  formed  in  1853  by  the 
consolidation  of  the  various  stage  lines  in  California,  had  a  capital  stock  of 
$1,000,000  to  begin  with,  including  750  horses  and  covering  450  miles  of  road. 
James  Birch,  president,  was  the  first  advocate  in  Washington  of  the  over 
land  mail  to  the  east,  and  by  his  persistence  it  was  secured.  In  1859-60  the 
vice-president,  F.  L.  Stevens,  urged  upon  the  department  the  importance  of 
a  daily  mail  line  overland  from  S.  F.  to  Portland,  and  succeeded  in  gain 
ing  his  point  and  the  contract.  In  June  1860  the  California  company  placed 
its  stock  on  the  road  as  far  north  as  Oakland,  connecting  there  with  Chase's 
line  to  Corvallis,  which  again  connected  with  the  Oregon  Stage  Company's 
line  to  Portland,  making  a  through  line  to  Sacramento  in  October.  It 
required  a  considerable  outlay  to  put  the  road  in  repair  for  making  regular 
time,  and  at  the  best,  winter  travel  was  often  interrupted  or  delayed.  Then 
came  the  great  flood  of  1861-2,  which  carried  away  almost  all  the  bridges  on 


438  OREGON  BECOMES  A  STATE. 

military  post  in  the  Klamath  Lake  country.40  On 
the  22d  of  January  the  legislative  assembly  adjourned 
without  having  learned  whether  its  acts  were  invalid, 
or  the  state  still  out  of  the  union;  but  not  without 
having  elected  the  usual  list  of  territorial  officers.41 

the  line,  and  damaged  the  road  to  such  an  extent  that  for  months  no  mails 
were  carried  over  it.  But  nothing  long  interrupted  the  enterprises  of  the 
company.  In  due  course  travel  was  resumed,  and  in  1865  their  coaches  ran 
400  miles  into  Oregon.  This  year  the  company  demanded  $50,000  additional 
for  this  service,  which  was  refused,  and  in  1866  they  sold  their  line  to  Frank 
Stevens  and  Louis  McLane,  who  soon  re-sold  it  to  H.  W.  Corbett,  K  Corbett, 
William  Hall,  A.  O.  Thomas,  and  Jesse  D.  Carr,  and  it  was  operated  until 
1869  under  the  name  of  H.  W.  Corbett  &  Co.  Carr  then  purchased  the 
stock,  and  carried  the  mail  until  1870,  when  the  Cal.  and  Or.  Coast  Overland 
Mail  co.  obtained  the  contract,  and  bought  Carr 's  stock.  They  were  running 
in  1881,  since  which  period  the  railroad  to  Oregon  has  been  completed,  and 
carries  the  mail. 

The  first  daily  overland  mail  from  St  Joseph,  Missouri,  to  Sacramento  ar 
rived  at  that  place  July  18,  1861,  in  17  days  4  hours,  having  lost  but  40  hours 
running  time.  One  passenger,  Thomas  Miller,  came  directly  through  to  Ore 
gon — the  longest  trip  by  coach  ever  made.  In  consequence  of  the  civil  war, 
the  southern  route  was  abandoned,  and  the  central  route  by  Salt  Lake  estab 
lished,  the  precursor  of  the  railroad.  Indians  and  highwaymen  caused  its 
discontinuance  in  1862,  and  the  government  accepted  the  services  of  a  regi 
ment  of  infantry  and  5  companies  of  cavalry  to  protect  it  between  Salt  Lake 
and  California,  while  the  6th  Ohio  cavalry  kept  watch  on  the  plains  east  of 
Salt  Lake. 

Contemporary  with  the  daily  overland  mail  was  the  Pony  Express,  a  de 
vice  for  shortening  the  time  of  important  mail  matter.  W.  H.  Russell  of 
Missouri  was  the  founder,  and  ran  his  ponies  from  the  Missouri  to  Salt  Lake, 
connecting  with  the  ponies  of  the  overland  mail  from  there  westward.  The 
time  made  was  an  average  of  8  days,  or  half  the  time  of  the  coaches.  In  Nov. 
1861,  the  telegraph  line  from  the  Missouri  to  the  bay  of  San  Francisco  was 
completed,  though  the  pony  express  continued  for  some  time  afterward.  By 
the  aid  of  telegraph  and  daily  mail,  Oregon  obtained  New  York  news  in  4 
days,  until  in  1864  a  telegraph  line  from  Portland  to  Sacramento  had  finally 
done  away  with  space,  and  the  long  year  of  waiting  known  to  the  pioneers 
was  reduced  to  a  few  hours. 

40  There  was  a  clause  in  the  constitution  which  prohibited  the  legislature 
from  granting  divorces,  which  prohibition  on  becoming  known  stimulated  in 
a  remarkable  manner  the  desire  for  freedom  from  marital  bondage.  Thirty- 
one  divorces  were  granted  at  this  session  of  the  territorial  legislature,  which 
would  be  void  should  it  be  found  that  congress  had  admitted  Oregon.  For 
tunately  for  the  liberated  applicants,  the  admission  was  delayed  long  enough 
to  legalize  these  enactments.  It  was  said  that  as  many  more  applications 
were  received.  The  churches  were  shocked.  The  methodist  conference  de 
clared  that  marriage  could  be  dissolved  only  by  a  violation  of  the  seventh 
commandment.  The  congregationalists  drew  the  lines  still  closer,  and  in 
cluded  the  slavery  question.  Or.  Argus,  July  28,  1860;  Or.  Statesman,  Sept. 
20,  1859. 

41 D.  Newcomb  was  chosen  brigadier-general;  George  H.  Steward  quarter 
master-general;  A.  L.  Lovejoy  commissary-general;  D.  S.  Holton  surgeon- 
general;  J.  D.  Boon  treasurer;  B.  F.  Bonham  auditor  and  librarian.  The  ex 
pense  of  the  territorial  government  for  1858  was  $18,034.70.  To  pay  the 
expenses  of  the  constitutional  convention  a  tax  of  If  mills  was  levied  on  all 
taxable  property.  Or.  Laws,  1858-9,  40. 


A  BROKEN  IDOL.  439 

Before  the  adjournment,  letters  began  to  arrive  from 
Grover  and  Smith  relative  to  the  prospects  of  Oregon 
for  admission.     They  wrote  that  republicans  in  con 
gress  opposed  the  measure   because  the  constitution 
debarred   free   negroes  from    emigrating  thither,  as 
well  as  because  the  population  was  insufficient,  and 
that  an   enabling  act  had  not  been  passed.     These 
objections  had  indeed  been  raised;  but  the  real  ground 
of  republican  opposition  was  the  fact  that  congress 
had  refused   to  admit  Kansas  with  a  population  less 
than  enough  to  entitle  her  to  a  representative  in  the 
lower  house,  unless  she  would  consent  to  come  in  as 
a  slave  state;  and  now  it  was  proposed  to  admit  Ore 
gon  with  not  more  than  half  the  required  population,42 
arid  excluding  slavery.     The  distinction  was  invidious. 
The  democrats  in  congress  desired  the  admission  be 
cause  it  would,  on  the  eve  of  a  presidential  election, 
give  them  two  senators  and  one  representative.     For 
the  same  reason  the  republicans  could  not  be  expected 
to  desire  it.     Why  Lane  did  not  labor  for  it   was  a 
question  which  puzzled  his  constituents ;  but  it  was 
evident  that  he  was  playing  fast  and  loose  with  his 
party  in  Oregon,  whom  he  had  used  for  his  own  ag 
grandizement,  and  whom  now  he  did  not  admit  to  his 
confidence.     The  hue  and  cry  of  politicians  now  be 
gan  to  assail  him.     The  idol  of  Oregon  democracy  was 
clay!43 

42  In  1856,  when  the  subject  was  before  congress,  Lane  said  he  believed  the 
territory  could  poll  15,000  or  20,000  votes.  It  had  been  stated  in  the  house, 
by  the  chairman  of  the  committee  on  territories,  on  the  31st  of  Jan. 
1857,  that  Oregon  had  a  population  of  about  90,000.  Cong.  Globe,  xxxiv.  520. 
But  the  Kansas  affair  had  made  members  critical,  and  it  was  well  known  be 
sides  that  this  was  double  the  real  number  of  white  inhabitants.  Gi'frei/  s  Or. , 
MS  17-18;  Deady's  Hist.  Or.,  MS.,  39.  The  population  of  Oregon  in  1858 
according  to  the  territorial  census  was  42,677.  The  U.  S.  census  m  1800  made 
it  52  416 

**In  the  ten  years  since  the  territory  had  first  sent  a  delegate  to  congress, 
and  during  which  at  every  session  its  legislature  had  freely  made  demands 
which  had  been  frequently  responded  to,  the  interest  of  congress  in  the  Oregon 
territory  had  declined.  Then  came  the  allegations  made  by  the  highest  mil 
itary  authority  on  the  Pacific  coast  that  the  people  of  Oregon  were  an  organ 
ized  army  of  Indian-murderers  and  government  robbers,  in  support  of  which 
assertion  was  the  enormous  account  against  the  nation,  of  nearly  six  million 
dollars,  the  payment  of  which  was  opposed  by  almost  the  entire  press  of  the 
union  It  is  doubtful  if  any  man  could  have  successfully  contended  against 


440  OREGON  BECOMES  A  STATE. 

At  last,  amidst  the  multitude  of  oppugnant  issues 
End  factions,  of  the  contending  claims  to  life  and  lib 
erty  of  men — white,  red,  copper-colored,  and  black 
— of  the  schemings  of  parties,  and  the  fierce  quarrols 
of  politicians,  democrats,  national  and  sectional,  whig?, 
know-nothings,  and  republicans,  Oregon  is  enthroned 
a  sovereign  state! 

While  all  this  agitation  was  going  on  over  the  non- 
admission  of  Oregon,  toward  the  close  of  March  news 
came  that  the  house  had  passed  the  senate  bill 
without  any  of  the  amendments  with  which  the 
friends  of  Kansas  had  encumbered  it,  few  republicans 
voting  for  it,  and  the  majority  being  but  eleven.44 
Thus  Oregon,  which  had  ever  been  the  bantling  of  the 
democratic  party,  was  seemingly  brought  into  the 
union  by  it,  as  according  to  fitness  it  should  have  been ; 
although  without  the  help  of  certain  republicans,  who 
did  not  wish  to  punish  the  waiting  state  for  the  prin 
ciples  of  a  party,  it  would  have  remained  out  indefi 
nitely.45  The  admission  took  place  on  Saturday,  Feb- 

the  suspicion  thus  created,  that  the  demands  of  Oregon  were  in  other  in 
stances  unnecessary  and  unjust.  But  Lane  thought  that  Oregon's  necessity 
was  his  opportunity,  and  that  by  promising  the  accomplishment  of  a  doubt 
ful  matter  he  should  secure  at  least  his  personal  ends.  Nor  was  he  alone  in 
this  determination.  Stephens  of  Georgia,  a  personal  friend  of  Lane,  who 
was  chairman  of  the  committee  on  territories,  was  generally  believed  to  be 
withholding  the  report  on  the  bill  for  the  admission  of  Oregon,  in.  obedience 
to  instructions  from  Lane.  Smith  and  Grover  also  appeared  to  be  won  over, 
and  were  found  defending  the  course  of  the  delegate.  These  dissensions  in 
the  party  were  premonitory  of  the  disruption  which  was  to  follow. 

uConrj.  Globe,  1858-9,  pt  i.  1011,  35th  cong.  2d  sess.;  Id.,  pt  ii.  ap.  330; 
8.  F.  Bulletin,  March  10,  1859;  Deadtfs  Laws  Or.,  101-4;  Poore's  Charters 
and  Constitutions  of  U.  S.,  pt  ii.,  1485-91,  1507-8;  Or.  Laws,  1860,  28-30; 
U.  8.  Pub.  Laws,  333-4,  35th  cong.  2d  sess. 

45  Schuyler  Colfax,  in  a  letter  to  W.  C.  Johnson  of  Oregon  City,  made  this 
explanation:  ' The  president  in  his  message  demanded  that  the  offensive  re 
striction  against  Kansas  should  be  maintained,  prohibiting  her  admission  till 
she  had  93,000  inhabitants,  because  she  rejected  a  slave  constitution,  while 
Oregon,  with  her  Lecompton  delegation,  should  be  admitted  forthwith.  And 
the  chief  of  your  delegation,  Gen.  Lane,  was  one  of  the  men  who  had  used 
all  his  personal  influence  in  favor  of  that  political  iniquity,  the  Lecompton 
constitution,  and  its  equally  worthy  successor,  the  English  bill.  He,  of  course, 
refused  now  to  say  whether  he  would  vote  in  the  U.  S.  senate,  if  admitted 
there,  to  repeal  the  English  prohibition  which  he  had  so  earnestly  labored  to 
impose  on  Kansas;  and  its  political  friends  in  the  house  refused  also  to  assent 
to  its  repeal  in  any  manner  or  form  whatever.  This,  of  course,  impelled 
many  republicans  to  insist  that  Oregon,  with  her  Lecompton  delegation,  should 
wait  for  admission  till  Kansas,  with  her  republican  delegation,  was  ready  to 


ADMISSION  TO  THE  UNION.  441 

ruary  12,  1859;  the  bill  was  approved  by  the  pres 
ident  on  Monday,  the  14th,  on  which  day  Lane  and 
Smith  presented  their  credentials  to  the  senate,  and 
were  sworn  in.     On  drawing  for  their  terms,  Lane 
with  his  usual  good  luck  drew  the  term   ending  in 
1861,  while  Smith's  would  expire  the  following  month. 
On  the  15th  Grover  took  his  seat  in  the  house,  to 
which  he  would  be  entitled  only  until  the  3d  of  March. 
The  satisfaction  which  the  friends  of  state  govern 
ment  expected  to  derive  from  admission  to  the  union 
was  much  dulled  by  delay  and  the  circumstances  at 
tending  it.     Party  leaders  had  taught  the  people  to 
believe  that  when   Oregon   became   a  state  the  war 
debt  would  be  paid.46     The  same  leaders  now  declared 
that  after  all  they  had  gained  little  or  nothing  by  it, 
and  were  forced  to  solace  themselves  with   pleasant 
messages  from  the  western   states,  from  which  had 
gone  forth   the  annual  trains  of  men  and  means  by 
which  Oregon  had  been  erected  into  an  independent 
commonwealth.47     She  had  at  all  events  come  into  the 
union  respectably,  and  had  no  enemies  either  north  or 
south. 

come  in  with  her.  With  a  less  obnoxious  delegation  from  Oregon,  the  votes 
of  many  republicans  would  have  been  different.  As  it  turned  out,  however 
the  very  men  for  whose  interests  Gen.  Lane  had  labored  so  earneatly— I  mean 
the  ultra-southern  leaders— refused  to  vote  for  the  admission  bill  although 
they  had  the  whole  delegation  elect  of  their  own  kidney.  And  it  would  have 
been  defeated  but  for  the  votes  of  fifteen  of  us  republicans  who  thought  it 
better  to  dismthrall  Oregon  from  presidential  sovereignty,  and  from  the  sphere 
of  Dred  Scott  decisions;  and  even  in  spite  of  your  obnoxious  delegation  to 
admit  the  new  state  into  the  union,  rather  than  remand  it  to  the  condition 
of  a  slave-holding  territory,  as  our  supreme  court  declares  all  our  territories 
to  be.  Hence,  if  there  is  any  question  raised  about  which  party  admitted 
Oregon  you  can  truthfully  say  that  she  would  not  have  been  admitted  but 
tor  republican  aid  and  support;  republicans,  too,  who  voted  for  it  not  through 
the  influence  of  Gen.  Lane  and  Co.,  but  in  spite  of  the  disfavor  with  which 
they  regarded  them.'  Or.  Argus,  May  28,  1859;  See  U.  8.  H.  Rept,  123,  vol. 
i.,  3oth  cong.  2d  sess. 

*6See  comments  of  Boston  Journal,  in  Or.  Argus,  Sept.  24   1859 

Kansas  City,  Missouri,  on  the  4th  of  July,  1859,  attached  the  new  star 
representing  Oregon  to  its  flag  amidst  a  display  of  enthusiasm  and  self-aggran- 


CHAPTEK  XVIII. 

POLITICS  AND   PATRIOTISM. 
1859-1861. 

APPOINTMENT  OF  OFFICERS  OF  THE  UNITED  STATES  COURT— EXTRA  SES 
SION  OF  THE  LEGISLATURE — ACTS  AND  REPORTS — STATE  SEAL — DELA- 
ZON  SMITH — REPUBLICAN  CONVENTION — NOMINATIONS  AND  ELECTIONS 
— RUPTURE  IN  THE  DEMOCRATIC  PARTY — SHEIL  ELECTED  TO  CONGRESS 
— SCHEME  OF  A  PACIFIC  REPUBLIC — LEGISLATIVE  SESSION  OF  1860 — 
NESMITH  AND  BAKER  ELECTED  U.  S.  SENATORS — INFLUENCE  OF  SOUTH 
ERN  SECESSION — THAYER  ELECTED  TO  CONGRESS — LANE'S  DISLOYALTY 
— GOVERNOR  WHITEAKER — STARK,  U.  S.  SENATOR — OREGON  IN  THE 
WAR — NEW  OFFICIALS. 

THE  act  of  congress  extending  the  laws  and  judicial 
system  of  the  United  States  over  Oregon,  which 
passed  March  3,  1859,1  provided  for  one  United  States 
judge,  at  a  salary  of  twenty-five  hundred  dollars  per 
annum,  Matthew  P.  Deady  being  chosen  to  fill  this 
office.2  Late  in  1858  Williams  had  been  appointed  chief 
justice  of  the  territory,  with  Boise  associate  justice,  and 
Walter  Forward3  of  Marion  county  United  States  mar 
shal,  McCracken  having  resigned.  On  the  20th  of 
May  the  judges  elect  of  the  supreme  and  circuit  courts 

1  U.  S.  Pub.  Laws,  437,  35th  cong.  2d  sess. 

2Groversays  that  Hendricks  of  Indiana,  who  was  then  commissioner  ol 
the  general  land  office,  and  was  afterward  U.  S.  senator  for  6  years,  and  a 
candidate  for  the  vice-presidency,  was  among  the  applicants  for  the  place, 
and  personally  his  preference,  but  that  the  Oregon  people  were  opposed  to 
imported  officers,  and  hence  he  recommended  Deady.  Pub.  Life  in  Or.,  MS., 
57.  It  was  said  at  the  time  that  Lane  made  the  recommendation  to  keep 
Deady  out  of  his  way  in  future  elections.  However  that  might  be,  the  ap 
pointment  was  satisfactory,  and  Judge  Deady  has  done  much  to  support  the 
dignity  of  the  state,  and  to  promote  the  growth  of  moral  and  social  institu 
tions. 

3  He  was  a  nephew  of  Walter  Forward  of  Penn.  and  of  Jeremiah  Black 
U.  S.  atty-gen.  Amer.  Almanac,  1857-9;  Or.  Statesman,  Dec.  21,  1858. 

(442) 


ORGANIZATION  OF  THE  COURTS.  443 

met  at  Salem  to  draw  lots  for  their  terms  of  office, 
Boise  and  Stratton  getting  the  six  years  and  Wait 
the  four  years  term,  which  made  him,  as  holder  of 
the  shorter  term,  by  the  provisions  of  the  constitu 
tion,  chief  justice.  The  vacancy  created  by  Deady's 
appointment  was  filled  by  P.  P.  Prim  of  Jackson 
county.4  Andrew  J.  Thayer  was  appointed  United 
States  district  attorney  in  place  of  W.  H.  Farrar,  and 
Forward  continued  in  the  office  of  marshal  until  Sep 
tember,  when  Dolph  B.  Hannah  was  appointed  in  his 
place.  Joseph  G.  Wilson  received  the  position  of 
clerk  of  the  supreme  court,5  and  J.  K.  Kelly  was 
made  attorney  for  the  United  States. 

The  supreme  judges  not  being  able  to  determine 
whether  their  decisions  would  be  valid  under  the  act 
passed  by  the  state  legislature  before  the  admission 
of  Oregon,  Governor  Whiteaker  convened  the  legisla 
ture  on  the  16th  of  May,  which  proceeded  to  complete 
the  state  organization  and  regulate  its  judiciary. 
Among  the  acts  passed  was  one  accepting  certain 
propositions  made  by  congress  in  the  bill  of  admission. 
By  this  bill,  in  addition  to  the  munificent  dowry  of 
lands  for  school  and  university  purposes,  the  state 
received  ten  entire  sections  of  land  to  aid  in  complet 
ing  the  public  buildings,  all  the  salt  springs  in  the 
state,  not  exceeding  twelve  in  number,  with  six  sec 
tions  of  land  adjoining  each,  with  five  per  cent  of  the 
net  proceeds  of  the  sales  of  all  public  lands  lying 
within  the  state  to  be  applied  to  internal  improve 
ments;  in  return  for  which  the  state  agreed  that  non 
residents  should  not  be  taxed  higher  than  residents, 
and  the  property  of  the  United  States  not  at  all;  nor 
should  the  state  in  any  way  interfere  with  the  primary 
disposal  of  the  soil  by  the  United  States,  or  with  any 
regulations  which  congress  might  find  necessary  for 

*  Prim's  Judicial  A  fairs,  MS.,  11;  Ashland  Tidings,  June  7,  1878.  The 
district  court  held  its  sessions  in  the  methodist  church  in  Jacksonville.  Or. 
Argu*,  Nov.  22,  1856;  Overland  Monthly,  xiv.  377-81. 

5  Or.  Reports,  ii.  8-9.  Deady  made  him  special  U.  S.  attorney  m  the 
spring  of  1860. 


444  POLITICS  AND  PATRIOTISM. 

securing  title  in  the  soil  to  bona  fide  purchasers.6  A 
few  acts,  general  and  special,  were  passed,7  among 
others,  one  providing  for  the  seal  of  the  state  of  Ore 
gon,8  and  one  for  a  special  election  to  be  held  on  the 
27th  of  June  for  the  choice  of  a  representative  to 
congress,  after  which  the  legislature  adjourned. 

One  thing  they  had  failed  to  do,  its  omission  being 
significant — they  had  not  elected  Delazon  Smith  to 
return  to  the' United  States  senate.  Rather  than  do 
that,  they  preferred  to  leave  his  place  vacant,  which 
they  did,  Smith  having  shown  himself  while  in  Wash 
ington  not  only  an  adherent  of  Lane,  dethroned,  but  a 
man  altogether  of  whom  even  his  party  was  ashamed.9 

Of  their  representative  Grover,  there  was  much  to 
be  said  in  his  praise.  His  speeches  were  impressive, 
full  of  condensed  facts,  and  he  conducted  himself  in 
such  a  way  generally  as  to  command  respect.  It  was 
said  that  there  was  more  culture  and  ability  in  the  one 
representative  than  in  the  two  senators.  But  it  was 
not  upon  fitness,  but  party  requirements,  that  he  had 
been  elected ;  and  before  he  had  returned  to  offer  him 
self  for  reelection,  new  issues  had  arisen,  and  another 
man  had  been  nominated  in  his  place.  Thus  both  of 
the  men,  prime  favorites  of  the  democratic  party  in 
Oregon,  returned  to  the  new  state  after  less  than  one 
month  of  congressional  honors,  to  find  that  their  gains 
were  only  pecuniary.19 

GGen.  Laws  Or.,  1859,  29-30. 

7  An  act  providing  for  the  election  of  presidential  electors,  and  to  pre 
scribe  their  duties.     An  act  providing  for  the  registration  of  the  property  of 
married  women,  according  to  the  constitution.     An  act  providing  for  the 
leasing  of  the  penitentiary.     An  act  raising  the  state  tax  to  two  mills  on  a 
dollar,  etc. 

8  '  The  description  of  the  seal  of  the  state  of  Oregon  shall  be  an  escutcheon 
supported  by  thirty-three  stars  divided  by  an  ordinary,  with  the  inscription 
"The   Union."'     In   chief — mountains,    an   elk  with  branching  antlers,  a 
wagon,  the  Pacific  ocean,  on  which  is  a  British  man-of-war  departing  and  an 
American  steamer  arriving.     The  second  quartering  with  a  sheaf,  plough  and 
pick-axe.     Crest,  the  American  eagle.     Legend,  State  of  Oregon.     Deady's 
Laws  Or.,  496-7. 

9  They  used  to  call  him  Delusion  Smith. 

10  The  men  put  in  nomination  at  the  democratic  convention  in  April  were 
W.  W.  Chapman,  George  L.  Curry,  George  H.  Williams,  L.  F.  Grover,  and 
Lansing  Stout.     The  contest  was  between  Stout  and   Grover,    and   Stout 
received  7  more  votes  in  convention  than  Grover.     Lansing  Stout,  lawyer, 


REPUBLICAN  PLATFORM.  44 

On  the  21st  of  April  the  republicans  met  in  con 
vention  and  brought  out  their  platform ;  which  was,  in 
brief,  devotion  to  the  union,  and  the  right  of  inde 
pendent  action  in  the  states,  subject  only  to  the  con 
stitution  of  the  United  States;  declaring  the  wisdom 
of  the  constitution  in  relation  to  slavery,  yet  opposed 
to  its  extension ;  recognizing  the  fact  that  the  consti 
tution  vested  the  sovereignty  of  the  territories  in 
congress,  yet  not  forgetting  that  congress  might  dele 
gate  the  exercise  of  that  sovereignty  partly  or  wholly 
to  the  people  of  the  territories,  and  favoring  such 
delegation  so  far  as  consistent  with  free  labor  and 
good  government.  It  declared  the  intervention  of 
congress  for  the  protection  of  slavery  in  the  territo 
ries,  demanded  by  leading  democrats,  a  gross  infrac 
tion  of  popular  and  national  rights,  which  should  be 
resisted  by  free  men.  It  was  opposed  to  placing  large 
sums  of  money  in  the  hands  of  the  executive  with 
authority  to  purchase  territory  as  he  chose  without 
the  consideration  of  congress;  and  while  welcoming 
those  of  the  white  race  who  came  to  the  United 
States  to  enjoy  the  blessings  of  free  institutions,  held 
that  the  safety  of  those  institutions  depended  upon 
the  enforcement  of  the  naturalization  laws  of  the 
country.  These  were  the  real  points  at  issue.  But 
in  order  to  add  strength  to  the  platform,  it  was 
resolved  by  the  convention  that  the  interests  of  Ore 
gon,  as  well  as  the  whole  union,  demanded  the  passage 
of  the  homestead  bill,11  and  the  speedy  construction 
of  the  Pacific  railroad.  Internal  improvements  of  a 
national  character,  a  tariff  sufficient  to  meet  the  cur 
rent  expenses  of  the  government  which  should  dis 
criminate  in  favor  of  home  industry,  a  free  gift  of  a 

was  a  native  of  N.  Y.,  came  to  Cal.  in  1852,  and  was  elected  to  the  legislature 
in  1855.  He  afterward  removed  to  Portland  and  was  elected  county  judge. 
He  had  ability,  particularly  in  the  direction  of  politics.  He  died  in  1871  at 
the  age  of  43  years.  Walla  Walla  Statesman,  March  11,  1871;  Olympia  Wash. 
Standard,  March  11,  1871. 

11  This  had  been  before  congress  at  the  last  session,  Lane  voting  against 
it.  This  fact  was  used  by  the  republicans  against  him;  and  it  is  difficult  to 
understand  his  motive,  unless  it  was  simply  to  oppose  northern  senators. 


446  POLITICS  AND  PATRIOTISM. 

home  to  him  who  would  cultivate  and  defend  it,  were 
announced  as  the  measures  which  the  republican  party 
pledged  itself  to  support.  Lastly,  congress  was  ear 
nestly  invoked  to  pay  the  war  debt  of  Oregon,  not 
holding  responsible  the  people  for  any  errors  or  mis 
conduct  of  officers  or  individuals,  whether  truly  or 
falsely  alleged. 

On  proceeding  to  ballot  for  congressmen,  the  names 
of  David  Logan,  B.  J.  Pengra,  and  W.  L.  Adams 
were  presented,  Logan  receiving  a  majority  of  thir 
teen  over  Pengra.  Delegates  were  chosen  to  attend 
the  national  republican  convention  of  1860,  who  were 
instructed  to  vote  for  W.  H.  Seward  for  presidential 
candidate ;  but  in  case  this  were  not  expedient,  to  use 
their  discretion  in  selecting  another.12 

The  republican  party  of  Oregon  was  now  fairly 
launched  on  the  unknown  sea  of  coming  events. 
Logan  was  admitted  by  his  opponents  to  be  the 
strongest  man  of  his  party,  one  possessed  of  positive 
qualities,  and  an  eloquent  and  satirical  orator.  He 
had,  however,  certain  moral  defects  which  dimmed 
the  lustre  of  his  mental  gifts,  and  always  stood  in 
the  way  of  his  highest  success.  How  near  he  came 
to  a  victory,  which  would  have  been  unprecedented, 
Stout's  majority  of  only  sixteen  votes  pointedly  illus 
trates.13 

Anything  so  near  a  republican  triumph  had  not 
been  anticipated,  and  both  parties  were  equally  aston 
ished.14 


12  The  delegates  were  W.  Warren,  Leander  Holmes,  and  A.  G.  Horey. 

13  Stout's  election  was  questioned  on  account  of  some  irregularity,  but 
Logan  failed  to  unseat  him. 

uThe  county  of  Marion,  hitherto  solidly  democratic,  gave  Logan  nearly 
8(K)  majority.  Linn,  the  home  of  Delazon  Smith,  gave  Stout  but  100  ma 
jority;  Polk,  the  home  of  Nesmith,  gave  30  majority  for  Stout;  Lane  gave  a 
majority  of  20  for  Logan.  Multnomah,  Clatsop,  Washington,  Yamhill,  and 
Tillamook,  all  went  for  Logan.  The  southern  counties  generally  went  for  Stout, 
and  saved  the  democratic  party  in  the  Willamette  Valley  from  defeat;  for  al 
though  they  contained  some  of  the  strongest  opponents  of  the  democracy,  the 
majority  were  intensely  devofed  to  Lane,  and  they  had  not  had  the  lighten  his 
recent  course  in  congress  which  had  been  given  by  the  Statesman  to  the  north 
ern  counties. 


LANE  FOR  PRESIDENT. 

And  now  Joseph  Lane  aspired  to  the  presidency  of 
the  United  States.  Pending  the  meeting  of  a  demo 
cratic  convention  in  November,  which  was  to  elect 
delegates  to  the  national  convention  at  Charleston, 
Grover  and  Curry  made  speeches  throughout  the 
state,  the  object  of  which  was  to  obtain  the  nomina 
tion  to  the  vacant  senatorship;  but  dissensions  in  the 
party  had  gone  too  far  to  afford  a  hope  of  either 
being  chosen  by  the  next  legislature.  The  mutual 
abuse  heaped  upon  each  other  by  the  partisans  of 
the  two  factions  only  contributed  to  widen  the  breach 
and  complete  the  disruption  of  the  party.  The  tyran 
nical  and  prescriptive  course  of  the  old  Lane-Bush 
democracy  was  now  practised  by  the  Lane-Stout  de 
mocracy.  In  1858  the  Statesman  had  upheld  the 
measure  of  making  Lane's  majority  the  basis  of  ap 
portionment  in  the  several  counties.  In  1859  the 
central  committee,  following  this  example,  declared 
that  Stout's  majority  should  be  the  basis  of  appor 
tionment  for  delegates  to  the  November  convention. 
A  general  protest  followed,  the  counties  sending  as 
many  delegates  as  they  thought  fit.  Only  four  were 
admitted  from  Marion,  which  sent  ten,  and  eight 
counties  withdrew,15  resolving  not  to  elect  delegates 
to  the  Charleston  convention,  but  simply  to  pledge 
themselves  to  support  the  national  nominee. 

Upon  the  withdrawal  of  this  body  of  delegates,  the 
delegates  of  the  eleven  remaining  counties  made  known 
their  instructions  concerning  the  presidental  candidate, 
when  it  was  found  that  Josephine  county  had  named 
Stephen  A.  Douglas,  and  Yamhill  Daniel  S.  Dickin 
son.  Other  counties  refused  to  nominate  Lane.  In 
this  embarrassing  position  those  who  had  so  deter 
mined,  guided  by  L.  F.  Mosher,  Lane's  son-in-law, 
cut  the  gordian  knot  by  moving  to  appoint  a  com 
mittee  to  report  delegates  to  the  national  convention 
with  instructions,  which  was  done.  The  report  of 
the  committee  named  Joseph  Lane,  Lansing  Stout, 

15  Marion,  Polk,  Wasco,  Clatsop,  Washington,  Umpqua,  Coos,  and  Curry. 


448  POLITICS  AXD  PATRIOTISM. 

and  Matthew  P.  Deady  delegates,  with  John  K.  Lam 
erick,  John  F.  Miller,  and  John  Adair  as  alternates; 
with  instructions  to  use  all  their  influence  to  procure 
the  nomination  in  the  Charleston  convention  of  Jo 
seph  Lane  for  the  presidency.  Blinded  by  partisan 
zeal  and  the  dangerous  flattery  of  southern  men  and 
women,  Lane  had  staked  all  on  this  desperate  hazard; 
while  the  unwise  action  of  his  friends  in  allowing  eight 
counties  to  be  driven  out  of  the  Eugene  convention 
apparently  deprived  him  of  any  reasonable  expecta 
tion  of  carrying  his  own  state  should  he  receive  such 
nomination.16 

Under  the  state  constitution  the  legislature  and 
state  officers  were  to  be  elected  biennially  on  the  first 
Monday  in  June.  The  first  election  having  been 
held  in  1858,  there  could  be  no  other  before  June 
1860;  therefore,  after  the  democratic  convention  of 
November,  the  people  might  have  enjoyed  exemption 
from  the  noise  of  politics  had  it  not  been  that  a  cloud 
of  party  journals  had  fallen  upon  the  land.17  The  only 

16 Sacramento  Union,  in  Or.  Statesman,  Jan.  17,  1860. 

17  Concerning  the  newspapers  which  sprung  into  existence  about  the  time 
of  the  admission  of  Oregon,  I  have  gathered  the  following  chiefly  from  the 
Statesman,  Ar>/us,  and  Oregonian.  Many  of  them  had  a  brief  existence,  or 
so  frequently  changed  their  titles  that  it  is  difficult  to  follow  them.  Early 
in  1858  the  Democratic  Standard,  which  was  established  by  Alonzo  Leland 
in  1854,  changed  hands,  and  was  edited  by  James  O'Meara,  as  we  have  seen. 
It  suspended  in  January  1859,  but  resumed  publication  in  February.  Not 
long  after,  the  press  was  removed  to  Eugene  City,  where  a  paper  called  the 
Democratic  Herald  was  started  by  Alex.  Blakely,  to  be  devoted  to  the  inter 
ests  of  the  Lane  democracy.  It  survived  but  one  year.  Previously  to 
this  removal  to  Eugene,  there  had  been  a  neutral  paper  published  at  that 
place  called  the  Pacific,  Journal.  This  paper  was  purchased  in  1858  by 
B.  J.  Pengra,  and  published  as  a  republican  journal  under  the  name  of 
The  People's  Press.  A  semi- weekly,  called  the  Franklin  Advertiser,  was 
for  a  short  time  published  in  Portland  by  S.  J.  McCormick.  Subsequently, 
in  1859,  Leland  of  the  Standard  stated  a  paper  at  Portland,  called  the 
Daily  Advertiser,  'got  up  as  the  Standard  was,  to  crush  out  the  Salem 
clique.'  It  was  pro-slavery  and  anti-Bush.  After  running  a  few  mouths 
it  passed  into  the  hands  of  S.  J.  McCormick  as  publisher,  Leland  withdraw 
ing  from  the  editorial  chair.  Geo.  L.  Curry  became  connected  with  it, 
when  it  was  enlarged  and  published  weekly  as  well  as  daily,  McCormick  in 
troducing  a  steam  press  into  his  printing  establishment.  Previous  to  starting 
the  Advertiser  Leland  had  established  the  Daily  News,  the  first  daily  paper 
in  Oregon,  in  connection  with  S.  A.  English  &  Co.,  publishers.  Hardly  had 
it  begun  before  it  passed  into  the  editorial  charge  of  E.  D.  Shattuck,  and  a 
little  later  into  the  hands  of  W.  D.  Carter.  The  News  then  published  a 
weekly,  independent  in  politics,  which  had  a  brief  existence.  In  December 


NOMINATING  CONVENTIONS.  449 

good  thing  that  could  be  said  of  them  was  that  they 
provoked  free  criticism  of  themselves,  and  were  thus 
instrumental  in  emancipating  the  thought  of  the 
people. 

A  democratic  convention  for  the  nomination  of  a 
representative  was  called,  to  meet  at  Eugene  in  April, 
the  call  being  declined  by  Marion,  Clatsop,  Curry, 
Washington,  Polk,  and  Tillamook.  George  K.  Sheil 
was  nominated,18  and  the  convention  adjourned  with 
out  choosing  candidates  for  presidential  electors,  which 
was  a  part  of  the  business.  Two  days  later  the  re 
publicans  held  a  convention,  at  which  delegates  from 
seventeen  counties  were  present.  At*  this  meeting 

I860  the  Portland  Daily  Times  issued  one  or  two  numbers,  and  suspended. 
It  was  revived  in  1861,  and  supported  the  government.  In  the  latter  part 
of  1860  Henry  L.  Pittock,  the  present  publisher  of  the  Oregonian,  purchased 
that  paper,  and  started  a  daily,  which  appeared  for  the  first  time  Feb.  4,  1861. 
In  1859  a  journal  called  the  Roseburg  Express  was  published  in  Roseburg,  on 
the  press  of  the  Chronicle  of  Yreka,  L.  E.  V.  Coon  &  Co.  publishers,  which 
ran  for  a  year  and  failed.  Corvallis  had  had,  after  the  removal  of  the  States 
man,  the  Occidental  Messenger  and  Democratic  Crisis,  both  of  which  were 
dead  in  1859.  T.  H.  B.  Odeneal  was  publisher  of  the  latter.  In  place  of 
this  a  secession  paper  called  The  Union  was  being  issued  in  1860  by  J.  H. 
Slater.  In  1859  W.  G.  T' Vault  withdrew  from  the  Jacksonville  Sentinel, 
selling  to  W.  B.  Treanor  &  Co.,  who  employed  the  ubiquitous  O'Meara  as  ed 
itor  until  1861,  when  he  was  succeeded  by  Dellinger  and  Hand.  About  the 
beginning  of  1859  The  Dalles  Journal  was  established  by  A.  J.  Price,  after 
ward  controlled  by  Thomas  Jordan,  an  army  officer,  whose  interference  with 
state  politics  was  not  regarded  with  favor.  It  passed  into  the  hands  of  W. 
H.  Newell  in  1861,  who  started  The  Mountaineer.  About  the  close  of  1859, 
Delazon  Smith  caused  the  Oregon  Democrat  to  be  established  at  Albany  for 
his  own  purposes.  It  was  published  by  Shepard,  made  war  on  the  Salem 
clique,  and  sustained  Lane.  Early  in  1861  it  was  taken  in  charge  by  P.  J. 
Malone,  an  able  writer,  and  in  1865  became  the  State  Rights  Democrat,  with 
O'Meara  for  editor.  The  Pacific  Christian  Advocate  was  removed  from  Salem 
to  Portland  about  this  time,  its  editor,  Thomas  H.  Pearne  taking  great  inter 
est  in  politics.  In  fact,  no  paper  could  gain  a  footing  without  politics;  and 
with  the  exception  of  the  Oregonian,  Argus,  and  People's  Press,  every  paper 
in  the  state  was  democratic.  At  Roseburg  the  Oregon  State  Journal  was 
started  in  June  1861  on  the  materials  of  the  Roseburg  Express,  which  had 
not  been  long  in  existence.  In  August  1861  O'Meara  and  Pomeroy  began 
the  publication  of  the  Southern  Oregon  Gazette,  a  secession  journal,  which 
lived  but  a  brief  period.  As  an  evidence  of  the  increased  facilities  for  print 
ing,  it  might  be  here  mentioned  that  T.  J.  McCormick,  who  was  the  pub 
lisher  of  the  first  literary  magazine  in  Oregon,  styled  the  Oregon  Monthly 
Magazine,  in  1852,  and  the  Oregon  Almanac,  in  the  spring  of  1859,  published 
in  good  style  a  novel  of  350  pages  by  Mrs  Abigail  Scott  Duniway,  called 
Captain  Gray's  Company.  The  Statesman  was  first  published  on  a  power 
press,  May  17,  1859.  After  this  printing  improved  rapidly,  and  newspapers 
multiplied.  The  first  daily  Statesman  was  published  July  20,  1864. 

18  The  other  candidates  before  the  convention  were  J.  K.  Kelly,  S.  F. 
Chadwick,  John  Adair,  and  J.  H.  Reed.  Or.  Statesman,  April  24,  1860. 
HIST.  OB.,  VOL.  II.    29 


450  POLITICS  AND  PATRIOTISM. 

spoke  E.  D.  Baker,19  a  prominent  politician,  who  came 
from  California,  where  his  star  was  not  propitious,  to 
Oregon,  where  he  hoped  to  have  a  finger  in  the  new 
politics.  He  made  many  speeches  during  the  summer 
campaign,  Logan  being  again  the  republican  candi 
date  for  congress,  the  Seward  plank  in  their  platform, 
however,  being  abandoned.  Nesmith  took  the  field 
against  Shell,  while  Kelly,  who  had  returned  to  his 
party,  Smith,  and  Sheil  himself,  advocated  the  prin 
ciples  of  the  southern  democracy.  Whatever  the 
cause,  there  was  a  slight  reaction  from  the  congres 
sional  campaign  of  1859,  and  Sheil  received  a  major 
ity  over  Logan  of  104  votes,  while  the  legislature 
was  more  solidly  democratic  than  at  the  last  election.20 

The  election  was  not  long  past  when  the  final  news 
was  received  of  the  proceedings  of  the  Charleston  and 
Baltimore  conventions,  the  secession  of  the  extreme 
southern  states,  and  the  nomination  by  them  of  Lane 
to  tho  vice-presidency,  causing  a  strong  revulsion  of 
feeling  among  all  of  the  democratic  party  not  strongly 
pro-slavery  in  principle. 

Oregon  was  still  less  prepared  to  receive  a  scheme 
of  government  said  to  be  entertained  by  the  senators 
of  the  Pacific  coast,  which  was  to  establish  a  slave- 
holding  republic,  on  the  plan  of  an  aristocracy  similar 
to  the  ancient  republic  of  Venice,  which,  while  pro 
viding  for  an  elective  executive,  vested  all  power  in 
hereditary  nobles,21  repudiating  universal  suffrage. 

19  Born  in  London  in  1811;  came  to  America  in  1816;  learned  cabinet- 
making,  and  in  1828  went  to  Carrollton,  111.,  where  he  began  the  study  of 
law.     In  1832  he  was  major  in  the  Black  Hawk  war.    For  ten  years  he  was 
a  member  of  the  111.  legislature,  and  in  1845  of  the  U.  S.  house  of  represent 
atives.     During  that  year  he  raised  a  regiment  for  the  Mexican  war  and 
joined  Taylor  at  the  Rio  Grande.     In  Dec.  1846  he  returned,  made  a  speech 
on  the  war  in  congress,  after  which  he  resigned  and  went  back  to  Mexico, 
where  he  participated  in  the  capture  of  San  Juan  de  Ulua  and  the  battle  of 
Cerro  Gordo;  taking  the  command  in  that  battle  after  the  wounding  of  Gen. 
Shields.     The  state  of  Illinois  presented  him  with  a  sword.     In  1849  he  was 
again  elected  to  congress;  and  in  1851  he  undertook  some  work  on  the  Pan 
ama  railway,  but  was  driven  by  the  fever  to  Cal.  in  1852,  where  he  practised 
law  and  made  political  speeches.   Or.  Argus,  Jan.  4,  1862. 

20  There  was  an  increase  in  the  poll  of  1,823  since  June,  1859.  Or.  States 
man,  June  26,  1860. 

21  It  was  the  common  belief  that  Gwin  of  California  was  at  the  bottom  of 


PROJECTS  OF  LANE  AND  GWIN.  451 

Labor  was  to  be  performed  by  a  class  of  persons  from 
any  of  the  dark  races,  invited  to  California,  and  sub 
sequently  reduced  to  slavery.  Such  was  the  bold  and 
unscrupulous  scheme  to  which  Lane  had  lent  himself, 
the  discovery  of  which  caused  mingled  indignation 
and  alarm.  The  alarm  was  not  lest  the  plan  should 
succeed,  but  lest  an  internecine  war  should  be  forced 
upon  them  to  prevent  its  success.  But  this  was  not 
all.  The  war  debt  still  remained  unpaid.  The  next 
congress  would  be  largely  republican.  Oregon  was 
democratic,  and  with  such  a  record — of  having  voted 
in  the  Charleston  convention  for  secession — how  was 
the  payment  of  that  debt  to  be  secured?  It  was  thus 
the  people  reasoned,  while  those  whose  places  depended 
upon  the  will  of  the  administration,  now  openly  in 
sympathy  with  the  seceders,  were  deeply  troubled 
what  course  to  pursue  in  the  approaching  crisis.  In 
the  mean  time,  the  republican  national  convention  at 
Chicago  had  nominated  to  the  presidency  Abraham 
Lincoln,  and  the  keenest  interest  was  felt  throughout 
the  union  in  an  election  which  was  to  decide  the  fate 
of  the  nation.  For  it  was  well  understood  that  if  the 
republicans  carried  the  country  against  Douglas,  as 
the  Breckenridge  and  Lane  nomination  seemed  to 
promise,  and  as  it  was  believed  to  be  intended,  the 
south  would  make  that  a  pretext  for  disunion. 

As  soon  as  the  full  results  of  the  Charleston,  Bal 
timore,  and  Washington  conventions  became  known, 
a  meeting  of  the  state  democratic  central  committee 
was  held  at  Eugene  City,  which,  having  a  majority 
of  Lane  democrats,  proceeded  to  indorse  the  Breck 
enridge  and  Lane  nominations.  This  action  alarmed 

this  scheme.  Should  the  southern  states  succeed  in  withdrawing  from  the 
union  and  setting  up  a  southern  confederacy,  and  could  a  line  of  slave  terri 
tory  be  kept  open  from  Texas  to  the  Pacific,  the  Pacific  coast  would  combine 
with  the  south.  But  in  view  of  the  probable  wars  in  which  the  aggressive 
policy  of  the  southern  states  was  likely  to  involve  their  allies,  Gwin  was  in 
favor  of  a  separate  empire  or  republic.  The  plan  pointed  out  the  means  of 
procuring  slaves,  which  was  to  invite  the  immigration  of  coolies,  South  Sea 
Islanders,  and  negroes,  who  were  to  be  reduced  to  slavery  on  their  arrival. 
It  was  the  discovery  of  this  conspiracy  which  gave  the  California  senator  the 
title  of  Duke  Gwin.  8.  F.  Times,  in  Or.  Statesman,  Dec.  10,  1860. 


452  POLITICS  AND  PATRIOTISM. 

the  opposite  faction,  which  called  a  convention  to  pro 
test  against  the  indorsement,  and  to  nominate  presi 
dential  electors,  to  be  held  in  September.  The 
convention  was  fully  attended,  indorsed  the  Douglas 
platform,  declared  the  Oregon  democracy  loyal  to  the 
union  of  the  states,  denouncing  secession.  Anything 
so  earnest  and  unsectional  had  not  been  enunciated 
by  the  Oregon  democracy  in  all  its  previous  history. 
Comparing  their  new  platform  with  that  of  the  repub 
licans,  there  was  no  essential  difference.22 

On  the  10th  of  September  the  legislature  met  at 
Salem,  and  the  preponderance  of  Lane  men  among 
the  democrats  caused  a  fusion  between  the  Douglas 
democrats  and  the  republicans,  which  gave  the  fusion - 
ists  a  majority  in  the  house  of  twenty-one  to  fifteen.23 
An  attempt  to  organize  in  the  senate  was  defeated  by 
the  difficulty  of  electing  a  president,  the  Douglas  men 
having  nominated  Tichenor,  and  the  Lane  men  Elkins, 
another  Douglas  democrat;  and  the  vote  standing 
seven  to  seven  without  change  for  the  first  day.  On 
the  morning  of  the  second  day  it  was  discovered  that 
six  senators,  Berry,  Brown,  Florence,  Fitzhugh,  Mon 
roe,  and  Mclteeney,  had  left  Salem,  and  were  keep 
ing  in  concealment,  with  the  intent  to  defeat  the 
election  of  United  States  senators,  which  in  the  then 
impending  crisis  was  of  unusual  importance.  The 

22  See  republican  state  platform,  in  Or.  Argus,  Aug.  25,  1860. 

23  Senators:  Clackamas  and  Wasco,  J.  K.  Kelly;  Multnomah,  J.  A.  Will 
iams;    Washington,   Columbia,  Clatsop,  and  Tillamook,  Thos  R.  Cornelius; 
Yamhill,  J.  R.  McBride;  Polk,  William  Taylor;  Marion,  J.  W.  Grim,  E.  F. 
Colby;   Linn,  Luther  Elkins,  H.  L.   Brown;  Lane,  A.  B.  Florence,  James 
Monroe;  Benton,  J.  S.  Mclteeney;  Douglas,  Solomon  Fitzhugh;    Umpqua, 
Coos,  and  Curry,  William  Tichenor;  Josephine,  D.  S.  Holton;  Jackson,  A. 
M.    Berry.     Representatives:    Wasco,   Robert  Mayes;    Multnomah,   A.   C. 
Gibbs,  B.   Stark;  Clatsop  and  Tillamook,  C.  J.  Trenchard;  Columbia  and 
Washington,  E.  Conyers;  Washiggton,  Wilson  Bowlby;  Clackamas,  A.  Hoi- 
brook,  W.  A.  Starkweather,  William  Eddy;  Yamhill,  S.   M.  Gilmore,  M. 
Crawford;  Marion,  B.  F.  Harding,  S.   Parker,  C.  P.  Crandall,  R.  Newell; 
Polk,  Ira  F.  M.  Butler,  C.  C.  Cram;  Linn,  B.  Curl,  A.  A.  McCally,  J.  P.  Tate, 
J.  Q.  A.  Worth;  Lane,  John  Duval,  Joseph  Bailey,  R.  B.  Cochrane;  Benton, 
H.  M.  Walker,  R.  C.  Hill;  Umpqua,  J.  W.  P.  Huntington;  Coos  and  Curry, 
S.  E.  Morton;  Douglas,  J.  F.  Gazley,  R.  E.  Cowles;   Josephine,  George  T. 
Vining;  Jackson,  J.  B.  White,  G.  W.  Keeler,  J.  N.  T.  Miller.  Or.  Statesman, 
June  26,  1860.     In  the  whole  body  the  Lane  men  numbered  16,  anti-Lane 
men  24,  republicans  10. 


A  POLITICAL  FIGHT.  453 

Lane  faction  were  determined,  if  not  able  to  elect 
their  favorites,  to  prevent  any  election  being  held. 
The  aspirants  to  the  senatorship  were  Smith  and 
Lane,  democrats,  Judge  Williams  and  J.  W.  Nesmith, 
independents,  and  E.  D.  Baker,  republican.  Strong 
influences  were  brought  to  bear  by  the  Lane  demo 
crats,  who  besieged  the  lobby  and  had  their  spies  at 
every  street  corner. 

On  the  13th  the  senate  organized  without  a  quorum, 
Elkins  being  chosen  president.  A  motion  was  made 
to  adjourn  sine  die,  which  was  defeated,  and  a  resolu 
tion  offered  authorizing  the  president  to  issue  war 
rants  for  the  arrest  of  the  absconding  members, 
which  was  adopted.  They  continued,  however,  to 
elude  the  sergeant  and  his  assailants  for  nine  days, 
when  after  an  unsuccessful  ballot  for  senators  in  joint 
convention,  in  which  the  Douglas  democrats  voted 
for  Nesmith  and  Williams,  and  the  republicans  for 
Baker  and  Holbrook,  the  legislature  adjourned  sine 
die.  Governor  Whiteaker  then  made  an  appeal  through 
the  public  prints  to  all  the  members  of  that  body  to 
reassemble  and  attend  to  their  duty;  which  they  finally 
did  on  the  24th,  but  it  was  not  until  the  1st  of  Oc 
tober  that  balloting  for  senators  was  resumed,  Deady, 
Curry,  and  Drew  being  added  to  the  nominees.  The 
contest  was  decreed  by  the  Lane  men  to  be  between 
Smith  and  any  one  of  the  Douglas  democrats  on  one 
side,  and  any  two  of  the  Douglas  men  on  the  other; 
but  the  democratic  party  in  the  legislature  revolted 
against  Smith,  and  rejected  him  on  any  terms.  With 
equal  scorn  the  Lane  democrats  rejected  Nesmith, 
whom  they  hated,  but  intimated  that  they  would  vote 
for  him  if  Smith  could  be  elected.  The  Douglas  men 
offered  if  the  Lane  men  would  give  two  votes  for 
Nesmith  to  elect  Curry  in  place  of  Smith,  but  they 
refused.  On  the  eighteenth  ballot  the  Douglas  demo 
crats  reluctantly  gave  up  the  hope  of  electing  two  dem 
ocratic  senators  without  accepting  Smith,  and  elected 


454  POLITICS  AND  PATRIOTISM. 

Nesmith  and  Baker,  the  former  for  the  long  and  the 
latter  for  the  short  term. 

As  soon  as  practicable  after  the  reassembling  of  the 
legislature  the  house  passed  a  bill  providing  for  the 
election  of  a  representative  in  congress  to  supersede 
the  unauthorized  election  of  Sheil,  but  the  measure 
was  defeated  in  the  senate,  the  Lane  members  voting 
solidly  against  it.  The  democratic  state  central  com 
mittee  then  called  a  meeting,  with  the  intention  of 
electing  another  representative  in  November,  when 
the  presidential  election  would  occur,  and  nominated 
A.  J.  Thayer.24  This  action  caused  the  senate  to  re 
consider  their  opposition  to  a  legal  election  bill;  and 
an  act  was  passed  authorizing  the  governor  to  issue  a 
writ  of  election  to  fill  vacancies  that  might  occur  in 
the  office  of  representative  to  congress.  The  law 
went  into  effect  two  days  after  the  meeting  of  the 
state  central  committee,  and  the  brief  interval  be 
tween  the  adjournment  of  the  legislature  and  the  day 
fixed  for  the  presidential  election  was  devoted  to  can 
vassing  for  a  congressman.  Nesmith  and  Benjamin 
Hayderi,  one  of  the  democratic  presidential  electors, 
took  part  in  it,  the  candidates  being  Thayer  and  Sheil. 

Before  the  6th  of  November  arrived,  the  pony  ex 
press  began  to  bring  stirring  news  of  great  republican 
victories  in  the  northern  and  western  states.  The 
successes  of  the  new  party  were  almost  too  great  to  be 
believed.  Even  in  Oregon  the  contagion  spread  until 
all  other  interests  were  swallowed  therein.  On  the 
6th  the  vote  was  cast.  Sufficient  returns  were  in  by 
the  9th  to  make  it  certain  that  the  state  had  gone 
republican.25  Not  only  was  there  a  republican  plural- 

24  Born  in  N.  Y.,  spent  his  boyhood  on  a  farm,  acquired  a  common  Eng 
lish  education,  and  studied  and  practised  law,  emigrating  to  Oregon  in  1853. 
In  1855  he  was  appointed  territorial  auditor  in  place  of  J.  A.  Bennet,  who  had 
declined.  His  reputation  as  a  lawyer  and  a  man  was  excellent.  In  1870  he 
was  elected  to  the  supreme  bench,  and  as  a  judge  was  fearless  and  impartial. 
His  death  occurred  in  1873.  Or.  Reports,  4,  xi.-xv.;  Albany  Democrat,  May 
2,  1873;  Salem  Mercury,  May  2,  1873. 

83  Lincoln's  plurality  was  270.  The  whole  vote  of  the  state  was  14,751. 
Lincoln,  5,344;  Douglas,  4,136;  Breckenridge,  5,074.  Bell,  of  the  Bell  and 
Everett  party,  had  107  votes. 


LANE  IN  DISGRACE.  455 

ity  for  president,  but  Shell  was  defeated.26  On  the 
5th  of  December  the  republican  presidential  electors 
T.  J.  Dryer,  W.  H.  Watkins,  and  B.  J.  Pengra  met 
at  Salem  and  cast  the  electoral  vote  for  Lincoln,  ap 
pointing  Dryer  to  carry  the  vote  to  Washington. 
Thus  ended  the  political  revolution  of  1860  in  Oregon. 

Slowly,  reluctantly,  regretfully  came  home  the 
truth  to  the  people  of  Oregon  that  Joseph  Lane  was 
a  secessionist;  that  he  had  offered  his  services  and 
those  of  his  sons  to  fight  in  battle  against  his  govern 
ment,  and  against  his  late  friends  in  Oregon.  The 
news  of  the  fall  of  Fort  Sumter  did  not  reach  Ore 
gon  till  the  30th  of  April,  1861.  By  the  same 
steamer  that  brought  the  thrilling  intelligence  of 
actual  war  came  Lane  back  to  his  home  in  Oregon. 
What  a  pitiful  home-coming!  Hatred  and  insult 
greeted  him  from  the  moment  he  came  in  sight  of 
these  Pacific  shores.  At  San  Francisco  it  was  so, 
and  when  he  reached  Portland,  and  a  few  personal 
friends  wished  to  give  a  salute  in  his  honor,  they 
were  assured  that  such  a  demonstration  would  not  be 
permitted  in  that  town.  Even  the  owner  of  a  cart 
refused  to  transport  his  luggage  to  the  house  of  his 
son-in-law.  It  consisted  of  two  or  three  stout  boxes  in 
which  were  being  conveyed  to  southern  Oregon  arms 
for  the  equipment  of  the  army  of  the  Pacific  repub 
lic!  But  this  fact  was  not  known  to  the  cartman, 
or  it  might  have  fared  worse  with  the  ex-senator. 
Proceeding  south  after  a  few  days  with  these  arms 
in  a  stout  wagon,  but  unsuspected,  he  was  met  at 
various  parts  of  the  route  by  demonstrations  of  dis 
respect.  At  Dallas  he  was  hanged  in  effigy.  A 
fortunate  accident  arrested  him  in  the  perpetration 
of  the  contemplated  folly  and  treachery,'27  and  con- 

26  The  whole  vote  for  congressman  was  a  little  over  4,000.  Of  these  Lane 
received  5,  Logan  8,  Shell  131,  and  Thayer  the  remainder. 

*'  Jesse  Applegate  testifies  as  follows:  In  crossing  the  Calapooya  Moun 
tain  with  only  his  Irish  teamster,  by  some  mischance  a  pistol  was  discharged, 
wounding  Lane  in  the  arm.  The  Irishman,  frightened  lest  it  should  be 


456  POLITICS  AND  PATRIOTISM. 

signed  him  to  a  life  of  retirement  from  which  he 
never  emerged.28 

That  a  considerable  class  in  Oregon  were  in  favor 
of  secession  is  undeniable.  That  there  were  some 
who  would  have  fought  for  the  extension  of  slavery 
had  they  been  upon  southern  soil  is  undoubted.  But 
there  were  few  who  cared  enough  for  what  they  called 
the  rights  of  the  southern  states  to  go  to  the  seat  of  war 
and  fight  for  them.29  On  the  other  hand,  there  were 
many  who  fought  for  the  union.30  Party  lines  were 

thought  that  he  had  inflicted  the  wound  with  murderous  intent,  fled  to  the 
house  of  Applegate,  at  Yoncalla,  and  related  what  had  occurred.  Applegate 
at  once  went  to  Lane's  relief,  taking  him  to  his  house,  where  he  remained  for 
several  weeks.  During  this  visit  Lane  revealed  to  his  friend  the  nature  of 
his  scheme  concerning  Oregon,  and  was  dissuaded  from  the  undertaking. 

28  For  many  years  Lane  lived  alone  with  a  single  servant  upon  a  moun 
tain  farm.  In  1878,  to  gratify  his  children,  he  removed  to  Roseburg,  where, 
being  cordially  welcomed  by  society,  the  old  fire  was  awakened,  and  he 
nominated  himself  for  the  state  senate  in  1880  at  the  age  of  79  years.  Being 
rather  rudely  rejected  and  reproved,  he  wept  like  a  child.  His  death  occurred 
in  May  1881.  Whatever  errors  he  may  have  committed,  whatever  vanity  he 
may  have  displayed  concerning  his  own  achievements,  he  was  ever  generous 
in  his  estimate  of  others,  and  the  decline  of  his  life  was  full  of  kindness  and 
courtesy. 

'29  John  Lane,  son  of  Joseph  Lane,  became  a  colonel  in  the  confederate 
army.  Captain  Thomas  Jordan,  for  a  time  U.  S.  quartermaster  at  The  Dalles, 
resigned  to  take  service  in  the  south.  He  was  said  to  have  accepted  a  colo 
nelcy  in  the  Culpepper  cavalry.  Major  Garnett,  for  several  years  stationed  in 
Oregon  and  Washington,  also  resigned,  and  was  commissioned  brigadier  by 
Jefferson  Davis.  John  Adair  of  Astoria,  Oregon,  son  of  the  collector  and  post 
master,  who  graduated  from  West  Point  in  1861,  was  commissioned  lieuten 
ant  of  dragoons  and  ordered  to  join  his  regiment  at  Walla  Walla,  and  after 
ward  to  report  at  Washington,  instead  of  which  he  deserted,  and  went  to 
Victoria,  V.  I.  He  was  dismissed  the  service.  Or.  Statesman,  Aug.  25,  1862. 
The  place  left  vacant  by  John  Lane  at  West  Point  was  filled  by  Volney 
Smith,  son  of  Delazon  Smith,  who  failed  in  his  examination.  He  was  ap 
pointed  a  lieutenant  in  a  New  York  cavalry  regiment,  but  did  not  long  remain 
in  the  service.  Adolphus  B.  Hannah,  who  had  been  U.  S.  marshal  in  Ore 
gon,  offered  his  services  to  the  confederacy.  J.  B.  Sykes,  Indian  agent  at  the 
Siletz  reservation,  resigned  and  went  east  to  serve  in  the  rebel  army.  He  was 
captured  with  a  portion  of  Jackson's  command,  and  sent  to  Columbus,  Ohio. 
John  K.  Lamerick,  once  brigadier-general  of  the  Oregon  militia,  went  to 
Washington  to  dispose  of  his  Indian  war  scrip,  and  joined  the  rebel  army  as 
a  commissary.  C.  H.  Mott,  who  in  1858  was  sent  to  Oregon  to  examine  into 
the  Indian  accounts,  joined  the  rebel  army  and  commanded  the  19th  Missis 
sippi  at  Bull  Run.  He  was  killed  in  front  of  Hooker's  division  May  5, 
1862. 

30  Notable  among  whom  was  Captain  Rufus  Ingalls,  who  came  to  Fort 
Vancouver  in  1849.  He  was  promoted  to  the  rank  of  lieutenant-colonel  on 
McClellan's  staff,  and  placed  in  charge1  of  the  quartermaster's  department  at 
Yorktown.  Colonel  Joseph  Hooker,  then  living  at  Salem,  offered  his  ser 
vices,  and  was  promoted  to  the  rank  of  brigadier-general.  The  other  officers 
who  had  served  in  Oregon  and  were  promoted  to  the  rank  of  major  or  brigadier- 
general  were  Grant,  Sheridan,  Augur,  Ord,  Wright,  Smith,  Casey,  Russell, 


THE  WAR  OF  SECESSION.  457 

blotted  out  as  quickly  in  Oregon  as  in  New  York, 
and  soon  there  was  but  one  party  that  amounted  to 
anything — the  union  party.  By  reason  of  lack  of 
sympathy  with  the  people  at  this  juncture,  Governor 
Whiteaker  was  requested  to  resign.. 

The  first  despatches  transmitted  across  the  conti 
nent  entirely  by  telegraph  shocked  the  whole  Pacific 
coast  with  the  message  that  at  the  battle  of  Ball's 
Bluff,  on  the  21st  of  October,  1861,  fell  Oregon's 
republican  senator,  E.  D.  Baker.31  The  seat  in  the 
senate  left  vacant  by  Baker  was  filled  by  the  appoint 
ment  by  Governor  Whiteaker  of  Benjamin  Stark,  one 
of  the  original  owners  of  the  Portland  land  claim. 
Information  was  forwarded  to  Washington  of  the  dis 
loyal  sentiments  of  the  appointee,  and  for  two  months 
the  senate  hesitated  to  admit  him;  but  he  was  finally, 
in  February  1862,  permitted  to  take  the  oath  of  office 
by  a  vote  of  twenty -six  to  nineteen,  Senator  Nesmith 
voting  for  his  admission.  But  the  matter  was  not 

Reynolds,  and  Alvord,  besides  Baker  and  Stevens,  who  had  received  a  mili 
tary  education,  but  were  not  in  the  army.  Captain  Hazen,  who  was  formerly 
stationed  at  Fort  Yamhill,  was  placed  in  command  of  a  volunteer  infantry 
regiment  at  Cleveland,  Ohio,  in  the  beginning  of  the  war.  Lieutenant  Lor 
raine,  who  was  stationed  at  Fort  Umpqua,  was  assigned  to  a  new  regiment 
in  the  field,  and  was  wounded  at.  Bull  Run.  Captain  W.  L.  Ball  of  the 
steamship  Columbia  was  .appointed  a  lieutenant  commanding  in  the  U.  S. 
navy.  Roswell  C.  Lampson  of  Yamhill  county,  son  of  an  immigrant  of  1845, 
the  first  naval  cadet  from  Oregon,  and  who  graduated  about  this  time,  served 
in  the  war,  and  was  promoted  to  the  command  of  a  vessel  for  gallant  conduct 
at  Fort  Fisher.  At  the  close  of  the  war  he  resigned,  returned  to  Oregon,  and 
became  clerk  of  the  U.  S.  courts.  Portland  Oregonian,  April  5,  18G5;  Port 
land  Standard,  April  27,  1877.  James  W.  Lingenfelter,  a  native  of  Fonda, 
N  Y.,  but  residing  in  Jacksonville,  Oregon,  was  made  captain  of  a  volunteer 
company,  and  killed  near  Fortress  Monroe,  Oct.  8,  1861.  John  L.  Boon,  son 
of  J.  D.  Boon,  state  treasurer,  and  a  student  at  the  Weslyan  university,  Dela 
ware,  Ohio,  served  in  an  Ohio  regiment,  being  in  the  battles  of  Shiloh  and 
Corinth,  in  the  division  under  General  Lew  Wallace.  The  major  of  the  68th 
Ohio  was  a,  former  resident  of  Oregon,  named  Snooks,  of  the  immigration 
of  1844.  George  Williams,  son  of  Elijah  Williams  of  Salem,  was  appointed 
2<1  lieut  of  the  4th  inf.,  and  was  in  the  second  battle  of  Bull  Run,  Antietam, 
Fredericksburg,  and  Gettysburg,  losing  a  foot  in  the  last  named.  Frank 
W.  Thompson  of  Linn  county  was  colonel  of  the  3d  Va.  volunteers  in  1863, 
and  subsequently  promoted.  Henry  Butler  of  Oakland,  Oregon,  was  a  mem 
ber  of  the  86th  111.  volunteers;  and  Charles  Harker  of  Oregon  was  a  lieut 
in  the  union  army.  Many  more  would  have  been  in  the  service  but  for  the 
apprehensions  entertained  of  the  designs  of  disunionists  on  the  Pacific  coast. 
81  When  war  was  declared  Baker  raised  a  regiment  in  Penn.  His  remains 
were  deposited  in  Lone  Mountain  cemetery,  San  Francisco,  and  a  monument 
erected  to  his  memory. 


458  POLITICS  AND  PATRIOTISM. 

allowed  to  rest  there.  A  committee  being  appointed 
to  examine  the  evidence,  Stark  was  finally  impeached, 
but  was  not  expelled,  his  term  ending  with  the  meet 
ing  of  the  Oregon  legislative  assembly  in  September. 
A  similar  leniency  was  exercised  by  congress 
towards  Shell,  who  contested  the  election  of  Thayer. 
The  latter  was  admitted  to  his  seat,  and  occupied  it 
during  most  of  the  special  term  of  1861,  but  upon  the 
right  to  it  being  contested,  Thaddeus  Stevens  main 
tained  that  since  there  was  at  the  time  no  authority 
for  a  congressional  election  in  Oregon,  the  seat  was 
really  vacant.  The  contestants  being  thus  placed  upon 
an  equality  as  to  legal  rights,  a  preponderance  was 
left  of  such  right  as  might  be  in  favor  of  the  first  man 
elected.  The  republicans  in  the  house  could  have  kept 
out  Sheil  by  insisting  upon  the  illegality  of  his  elec 
tion,  had  not  congress  taken  every  occasion  to  show 
such  magnanimity  as  could  be  ventured  upon  toward 
men  of  disunion  predilections  in  the  hope  of  conciliat 
ing  the  south. 

With  a  change  of  administration  there  was  a  change 
in  the  official  list.  William  L.  Adams  of  the  Argus 
was  appointed  collector  of  customs  at  Astoria.  W. 
W.  Parker32  became  his  deputy.  B.  J.  Pengra  sup 
planted  W.  W.  Chapman  as  surveyor-general;  T.  J. 
Dryer  was  appointed  commissioner  to  the  Hawaiian 
Islands;  Simeon  Francis,  paymaster  in  the  army,  with 
the  rank  of  major;33  W.  T.  Matlock,  receiver  of  the 
land  office  at  Oregon  City;  and  W.  K.  Starkweather, 

82  A  native  of  Vt.,  educated  at  Norwich  university.  In  1847  he  was 
appointed  mining  engineer  to  the  Lake  Superior  Copper  Mining  Company, 
but  hearing  that  the  mail  steamer  California  was  about  to  sail  for  California 
and  Oregon  in  1848,  he  took  passage  in  her  for  the  Pacific  coast.  By  the 
time  the  steamer  arrived,  the  gold  fever  was  at  its  height,  and  he  engaged 
in  mining,  at  which  he  was  successful,  losing  his  earnings  afterward  by  lire. 
He  was  one  of  the  board  of  assistant  alderman  in  San  Francisco  in  1851.  In 
Feb.  1852  he  removed  to  Astoria,  Oregon. 

33  Francis  came  from  Springfield,  111.,  to  Oregon  in  1859.  After  Lincoln's 
campaign  he  took  charge  of  the  Portland  Oret/onian  while  Dryer  carried  the 
electoral  vote  to  Washington.  He  afterward  resided  at  Fort  Vancouver. 
His  death  occurred  at  Portland  in  Nov.  1872,  to  which  place  military  head 
quarters  had  be«Ji  removed.  See  Portland  Oregonian,  Nov.  2,  1812. 


NESMITH  AND  STOUT.  459 

registrar  of  the  same;  W.  H.  Hector  received  the 
appointment  of  superintendent  of  Indian  affairs,  and 
A.  L.  Lovejoy  the  office  of  pension  agent. 

When  Nesmith  first  took  his  seat  in  the  senate  he 
had  some  feeling  in  favor  of  the  south,  and  spoke 
accordingly ;  but  in  due  time  his  utterances  became 
more  moderate,  and  when  he  returned  to  Oregon  in 
the  autumn  of  1861  he  was  well  received.  Stout 
represented  Oregon  with  fidelity,  industry,  and  abil 
ity.  At  his  first'session  he  introduced  a  bill  to  re 
move  the  obstructions  in  the  Missouri  and  Columbia 
Rivers,  with  a  view  to  opening  a  line  of  travel  across 
the  continent.  He  urged  the  protection  of  immi 
grants,  and  the  restoration  of  the  military  department 
of  Oregon,  which  was  depleted  by  the  call  for  troops, 
and  labored  for  the  payment  of  the  Indian  war  bonds, 
the  issuance  of  which  was  delayed  by  Secretary  Chase 
until  the  loans  necessary  for  the  civil  war  had  been 
negotiated. 

After  issue,  they  sold  at  about  ninety  cents  on 
the  dollar,  when  the  bond  amounted  to  five  hundred 
dollars,  without  a  market  for  the  smaller  bonds. 
Some  of  the  scrip  exchanged  for  these  bonds  had 
been  purchased  at  thirty,  forty,  and  even  as  low  as 
thirteen  cents  on  the  dollar. 


CHAPTEE 

WJLR   AXB  DEVELOPMENT. 


J£xnoMTKKS$  —  Tiaacaus 


r  :>..-.-:. 


Pacific  coast,  was  lemoTed  from  this  department,  and 
the  command  given  to  General  Newman  S.  Clarke. 
The  reader  win  remember  that  Colonel  George  Wright 
had  been  left  DT  Wool  is  coociand  at  Vancouver  in 
-'„-:  -  :  .:  _  :  ".  -  "  X  -  '.  _  :-:: -. :  :.  :  :  .:  .:  : 
the  hostilities  of  those  tribes  which  had  taken  part  in 
the  WaDa  WaDa  treaties  of  1S55.  Wright  was  re 
moved  to  The  Dalles,  and  Colonel  Thomas  Morris 
took  command  at  Vancouver.  In  the  mean  time  two 
new  posts  were  established  north  of  the  Colombia,, 
one  in  the  Yakhna  country,  and  another  in  the  Walla 
WaDa  Valley;  and  for  a  period  of  two  years  WrigLt. 
embarrassed  bj  the  policy  of  the  commanding  gener 
als,  outnumbered  and  outwitted  by  the  TndJaiK,  was 
engaged  in  a  futile  endeavor  to  subdue  without  fight 
ing  them.  The  T«««My  being  emboldened  by  the  ap 
parent  weakness  of  the  army,  in  the  spring  of  1S5S 
the  troops  under  Colonel  Steptoe,  while  marching  to 


MILITAB  Y  DEPARTMENT. 


Colvffle,  were  attacked  by  a  large  force  of  Spokanes 
and  C<Bur  d'AMnes,  and  sustained  a  heavy  loss. 
Awakened  by  this  demonstration  of  Hie  hostile  pur 
poses  of  the  confederate  tribes,  Clarke  prepared  to  in 
flict  condign  punishment,  and  in  September  of  that 
year  Wright  marched  a  large  force  through  then- 
country,  slaying  and  destroying  as  he  went.  This 
chastisement  brought  the  treaty  tribes  into  a  stale  of 
humility.  In  the  mean  time  E.  R.  Geary  had  been 
appointed  superintendent  of  Indian  affairs  in  Oregon 
and  Washington,  and  in  the  spring  of  1859,  congress 
having  ratified  the  treaties  of  1855,  he  made  arrange 
ments  with  them  for  their  permanent  settlement  on 
their  reservations,  four  in  number,  namely:  Simcoe, 
Warm  Spring,  Umatilla,  and  Lapwai;  but  unfortu- 
natelv  for  the  credit  of  the  government  with  the  Ind 
ians,  no  appropriation  was  made  by  congress  for  carry 
ing  out  its  engagements  until  the  following  year;  nor 
was  anv  encooragement  given  toward  treating  with 
other  tribes  in  the  eastern  portion  of  the  slate. 

By  an  order  of  the  secretary  of  war  of  September 
13,  1858,  the  department  of"  the  Pacific  was  sub 
divided  into  the  departments  of  California  and  Ore 
gon,  the  latter,  under  the  command  of  General  W. 
S.  Harney,  with  headquarters  at  Vancouver.  This 
change  was  hailed  with  delight  by  the  Qregonians, 
not  only  because  it  gave  them  a  military  department 
of  their  own,  but  because  Harney Ts  reputation  as  an 
Indian-fighter  was  great,  and  they  hoped  through  him 
to  put  a  speedy  termination  to  the  wars  which  had 
continuously  existed  for  a  period  of  five  years,  imped 
ing  land  surveys  and  mining,  and  preventing  the  set 
tlement  of  the  country  east  of  the  mountains.  Har 
ney  arrived  at  Vancouver  on  the  29th  of  October,  and 
two  days  later  he  issued  an  order  opening  the  Walla 
Walk  "Valley,  closed  against  settlement  ever  since 
1855,  to  the  occupation  of  white  inhabitants. 

By  this  order  Harney's  popularity  was  JumuuL 
A  joint  resolution  was  adopted  by  the  legislature  con- 


462  WAE,  ATO  DEVELOPMENT. 

gratulating  the  people,  and  asking  the  general  to  ex 
tend  his  protection  to  the  immigration,  and  establish 
a  garrison  at  or  near  Fort  Boise.1  A  considerable 
military  force  having  been  massed  in  the  Oregon 
department  for  the  conquest  of  the  rebellious  tribes,2 
Harney  had,  when  he  took  command,  found  employ 
ment  for  them  in  explorations  of  the  country.  The 
military  department  in  1858  built  a  steamboat  to  run 
between  The  Dalles  and  Fort  Walla  Walla,3  and  about 
two  thousand  settlers  took  claims  in  the  Walla  Walla 
and  Umatilla  valleys  during  this  summer.  The  hos 
tilities  which  had  heretofore  prevented  this  progress 
being  now  at  an  end,  there  remained  only  the  Snake/ 
Klamath,  and  Modoc  tribes  to  be  eitl^r  conquered  or 
conciliated.  Little  discipline  had  been  administered 
in  this  quarter,  except  by  the  three  expeditions  pre 
viously  mentioned  of  Wright,  Walker,  and  Haller. 

Harney,  though  more  in  sympathy  with  the  peo 
ple  than  his  predecessors,  was  yet  like  them  inclined 
to  discredit  the  power  or  the  will  of  the  wild  tribes 

1  Clarke  and  Wright's  Campaign,  85;   Or.  Laws,   1858-9,  app.  iii. ;  Or. 
Statesman,  Feb.  8,  1859. 

2  Besides  the  companies  stationed  to  guard  the  Indian  reservations  in  Ore 
gon  in  1857,  there  were  3  companies  of  the  9th  inf.  at  The  Dalles',  one  of 
the  4th  inf.  at  Vancouver,  one  of  the  3d  art.  at  the.  Cascades,  3  of  the  9th 
inf.  at  Fort  Simcoe  in  the  Yakima  country,  and  at  Fort  Walla  Walla  2  com 
panies  of  inf.,  one  of  dragoons,  and  one  of  art.   U.  S.  H.  Ex.  Doc.  2,  vol.  ii. 
pt  ii.  78,  35th  cong.   1st  sess.     In  the  autumn  of  1858  three  companies  of 
art.  from  S.  F. ,  one  from  Fort  Umpqua,  now  attached  to  the  department  of 
Cal. ,  and  an  inf.  co.  from  Fort  Jones  were  sent  into  the  Indian  country  east 
of  the  Cascade  Mountains.  Kip's  Army  Life,  16-18;  Sac.  Union,  Aug.  23, 
1858. 

3  This  steamer  was  owned  by  R.  R.  Thompson  and  L.  Coe,  and  was  named 
the  Colonel  Wright.     Harney  mentions  in  a  letter  to  the  adjutant-general 
dated  April  25,  1859,  that  a  steamboat  line  had  been  established  between 
The  Dalles  and  Walla  Walla,  and  that  in  June  when  the  water  of  the  Col 
umbia  and  Snake  rivers  should  be  high,  the  steamer  should  run  to  the  mouth 
of  the  Tucannon,  on  the  latter  river.    U.  S.  Mess,  and  Docs.,  1859-60,  98, 
36th  cong.  1st  sess.;  S.  F.  Bulletin,  April  28,  May  13  and  30,  and  Sept.  13, 
1859.     It  is  worthy  of  remark  that  the  first  steamer  to  ascend  the  Missouri 
to  Fort  Benton  made  her  initial  trip  this  year.     This  was  the  Chippewa.  Id., 
Sept.  17,  1859;  Or.  Argus,  Sept.  3,  1859. 

4 1  use  the  term  Snake  in  its  popular  sense  and  for  convenience.  The  sev 
eral  bands  of  this  tribe,  the  Bannacks,  and  the  wandering  Pah  Utes  were  all 
classed  as  Snakes  by  the  people  who  reported  their  acts,  and  as  it  is  impossi 
ble  for  me  to  separate  them,  the  reader  will  understand  that  by  Snakes  is 
meant  in  general  the  predatory  bands  from  the  region  of  the  Snake  and 
Owyhee  rivers. 


W  ALLEN'S  EXPLORATIONS.  463 

to  inflict  serious  injury.  Yet  not  to  neglect  his  duty 
in  keeping  up  an  appearance  of  protecting  miners,  im 
migrants,  and  others,  and  at  the  same^time  to  carry 
forward  some  plans  of  exploration  which  I  have  al 
ready  hinted  at,5  toward  the  end  of  April  he  ^ordered 
into  "the  field  two  companies  of  dragoons  and  infantry 
mounted,  under  Captain  D.  H.  Wallen,  to  make  a 
reconnoissance  of  a  road  from  The  Dalles  to  Salt 
Lake  City,  connecting  with  the  old  immigrant  route 
through  the  South  Pass,  and  to  ascertain  whether 
such  a  road  could  not  be  constructed  up  the  John  Day 
River,  thence  over  to  the  head  waters  of  the  Malheur, 
and  down  that  stream  to  Snake  River.6  Wallen  pro 
ceeded  as  directed  and  along  the  south  side  of  Snake 
River  to  the  crossing  of  the  Oregon  and  California 
roads  at  Raft  River,  meeting  on  his  march  with  none 
of  the  predatory  bands,  which,  eluding  him,  took  advan 
tage  of  being  in  his  rear  to  make  a  descent  upon  the 
Warm  Spring  reservation  and  drive  off  the  stock  be- 

3Harney  was  much  interested  in  laying  out  military  roads,  and  in  his  re 
ports  to  the  general-in-chief  called  the  attention  of  the  war  department  to  the 
necessity  for  such  roads  in  this  portion  of  the  United  States  territory.  Among 
other  roads  proposed  was  one  through  the  south  pass  to  the  head  of  Salmon 
River,  down  that  stream  to  the  Snake  River,  and  thence  to  Fort  Walla  Walla, 
which  was  never  opened  owing  to  the  roughness  of  the  country.  *.  VV. 
Lander  made  an  improvement  in  the  road  from  the  south  pass  to  the  parting 
of  the  Oregon  and  California  routes  which  enabled  most  of  the  immigration 
to  arrive  at  the  Columbia  several  weeks  earlier  than  usual.  The  new  route 
was  called  the  Fort  Kearney,  South  Pass,  and  Honey  Lake  wagon  road,  and 
appears  to  have  been  partially  opened  in  1858,  or  across  the  Wachita  moun 
tains  Appended  to  Lander's  report  is  a  long  list  of  names  of  persons  en 
route  for  California  and  Oregon  who  passed  over  it  in  1858  and  1859.  A  party 
left  Fairbault,  Minnesota,  in  July  1858,  and  travelled  by  the  Saskatchewan 
route,  wintering  in  the  mountains  with  the  snow  in  many  places  twenty  feet 
deep.  They  experienced  great  hardships,  but  arrived  at  The  Dalles  May  1, 
1859,  in  good  health.  Their  names  were  J.  L.  Houck,  J.  W.  Jones,  J.  &. 
Smith,  E  Hind,  William  Amesbury,  J.  Emehiser,  J.  Schaeffer,  J.  Palmer,  J. 
R.  Sandford.  Olympia  Herald,  May  27,  1859. 

6  Wallen  crossed  the  Des  Chutes  at  the  mouth  of  Warm  Spring  River, 
proceeded  thence  to  the  head  of  Crooked  River,  160  miles,  finding  a  good  natural 
road  with  grass  and  water.  He  detached  Lieutenant  Bonnycastle  with  part 
of  his  command  to  explore  the  country  east  of  the  route  followed  by  himself, 
who  travelled  no  farther  than  Harney  Lake  Valley,  to  which  he  probably 
gave  this  name  in  honor  of  the  commanding  general,  from  which  point  he 
turned  north  to  the  head  waters  of  John  Day  River  and- followed  it  down, 
and  back  to  The  Dalles,  on  about  the  present  line  of  the  road  to  Canyon 
City.  Hariiey  reported  that  Bonnycastle  brought  a  train  of  17  ox- wagons 
from  Harney  Valley  to  The  Dalles  in  12  days  without  accident.  U.  S.  Mess. 
and  Docs  1859-60,  113;  U.  8.  Sen.  Doc.,  34,  ix.  51,  36th  cong.  1st  sess. 


464  WAR  AND  DEVELOPMENT. 

longing  to  the  treaty  Indians.7  A.  P.  Dennison,  the 
agent,  applied  to  Harney  for  a  force  to  guard  the  res 
ervation,  but  the  general,  instead  of  sending  troops, 
ordered  forty  rifles  with  ammunition  to  be  furnished, 
and  Dennison  resorted  to  organizing  a  company  among 
the  reservation  Indians,  and  placing  it  under  the  com 
mand  of  Thomas  L.  Fitch,  physician  to  the  reserva 
tion,  who  marched  up  John  Day  River  in  the 
hope  of  recovering  a  hundred  and  fifty  head  of  horses 
and  cattle  which  had  been  stolen.  His  company 
killed  the  men  belonging  to  two  lodges,  took  the 
women  and  children  prisoners,  and  recaptured  a  few 
horses,  which  had  the  effect  to  secure  a  short-lived 
immunity  only.  In  August  the  Snakes  made  another 
raid  upon  the  reservation,  avenging  the  slaughter  of 
their  people  by  killing  a  dozen  or  more  Indian  women 
and  children  and  threatening  to  burn  the  agency  build 
ings,  the  white  residents  fleeing  for  their  lives  to  The 
Dalles.  The  agent,  who  was  at  that  place,  hastened 
to  the  scene  of  attack  with  a  company  of  friendly 
Indians,  but  not  before  sixteen  thousand  dollars'  worth 
of  property  had  been  stolen  or  destroyed.8  It  was 
only  then  that  a  small  detachment  of  soldiers  was  sent 
to  guard  the  reservation  and  induce  the  terrified  Ind 
ians  as  well  as  white  people  to  return;  and  a  dragoon 
company  was  ordered  to  make  a  reconnoissance  along 
the  base  of  the  Blue  Mountains,  to  recover  if  possi 
ble  the  property  carried  off,  returning,  however,  emp 
ty-handed;  and  it  was  not  without  reason  that  the 
old  complaint  of  the  Indian  department  was  reiter 
ated,  that  the  military  department  would  not  trouble 
itself  with  the  Indians  unless  it  were  given  exclusive 
control. 

7  Though  Wallen  met  with  no  hostile  savages  in  his  march  to  Camp  Floyd, 
he  found  no  less  than  three  commands  in  the  field  from  that  post  pursuing  Ind 
ians  who  had  attacked  the  immigration  on  the  California  road.  He  mentions 
the  names  of  a  few  persons  killed  in  1859,  S.  F.  Shephard,  W.  F.  Shephard, 
W.  C.  Riggs,  and  C.  Rains.  Olympia  Herald,  Sept.  16,  1859.  E.  C.  Hall 
and  Mr  and  Mrs  Wright  are  mentioned  as  having  been  attacked.  Hall  was 
killed  and  the  others  wounded. 

*Ind.  Aff.  Kept,  1859,  389.  Indemnity  was  claimed  for  the  losses  of  pri 
vate  persona  and  the  Indians. 


IMMIGRATION.  465 

From  a  combination  of  causes,  the  chief  of  which 
was  the  agitation  of  the  question  of  slavery,  the  immi 
gration  of  1859  was  larger  than  any  which  had  pre 
ceded  it  for  a  number  of  years.9  Owing  to  the  care 
taken  by  Captain  Wallen  to  insure  the  safe  passage 
of  the  trains,  all  escaped  attack  except  one  company, 
which  against  his  advice  turned  off  the  main  route  to 
try  that  up  the  Malheur,  and  which  was  driven  back 
with  a  loss  of  one  man  severely  wounded,  and  four 
wagons  abandoned.10  Major  Reynolds  of  the  3d 
artillery  from  Camp  Floyd  for  Vancouver,  with  one 
hundred  men  and  eight  field-pieces,  escorted  the 
advance  of  the  immigration,  and  Wallen  remained  to 
bring  up  the  rear,  sending  sixty  dragoons  four  days' 
travel  back  along  the  road  to  succor  some  belated  and 
famishing  people.11 

In  the  spring  of  1860  General  Harney  ordered  two 
expeditions  into  the  country  traversed  by  predatory 
Snakes,  not  with  the  purpose  of  fighting  them,  as 
Wallen's  march  through  their  country  had  been 
uninterrupted,  but  to  continue  the  exploration  of  a 
road  to  Salt  Lake  from  Harney  Lake,  where  Wallen's 
exploration  in  that  direction  had  ceased;  and  also  to 
explore  from  Crooked  River  westward  to  the  head 
waters  of  the  Willamette  River,  and  into  the  valley 
by  the  middle  immigrant  route  first  opened  by 
authority  of  the  legislature  in  1853. 

This  joint  expedition  was  under  the  command  of 
Major  B.  Steen,  who  was  to  take  the  westward  march 

9  Horace  Greeley  estimated  that  30,000  people  and  100,000  cattle  were  en 
route  to  California.  This  estimate  was  not  too  large,  and  instead  of  all  go 
ing  to  California  about  one  third  went  to  Oregon,  many  of  them  settling  in 
Walla  Walla  Valley— at  least  800.  About  20  families  settled  in  the  Yakima 
Valley,  30  families  on  the  Clickitat,  and  others  in  every  direction.  Some 
settled  in  the  Grande  Ronde  and  south  of  the  Columbia,  but  not  so  many  as 
in  the  following  years.  Oli/mpia  Pioneer  and  Democrat,  Sept.  30,  1859;  Or. 
Argux,  Oct.  15,  1859. 

10 Dalles  Journal,  in  Or.  Argus,  Sept.  24,  1859;  Portland  Oregonian,  Oct. 
15,  1859. 

"See  letter  in  Olympia  P.  S.  Herald,  Sept.  16,  1859.     Colonel  Wright 
sent  forward  from  Fort  Walla  Walla  to  meet  the  later  trains  which  were  des 
titute  of  provisions  250  sacks  of  flour,  50  barrels  of  pork,  and  other  necessaries. 
Or.  Statesman,  Sept.  6,  1859. 
HIST.  OB.,  VOL.  II.    30 


466  WAR  AND  DEVELOPMENT. 

from  Crooked  River,  while  Captain  A.  J.  Smith  was 
to  proceed  southward  and  eastward  to  the  City  of 
Rocks.  About  six  weeks  after  Smith  and  Steen  had 
set  out  from  The  Dalles,  news  was  received  that  the 
hostile  bands,  so  far  from  hiding  from  the  sight  of 
two  dragoon  companies,  had  attacked  Smith  after  his 
parting  with  Steen,  when  he  was  within  twenty  miles 
of  the  Owyhee;  and  that  he  had  been  no  more  than 
able  to  protect  the  government  property  in  his  charge. 
It  being  unsafe  to  divide  his  command  to  explore  in 
advance  of  the  train,  he  was  compelled  to  retreat  to 
Harney  Lake  Valley  and  send  an  express  after  Steen, 
who  turned  back  and  rejoined  him  on  the  head  waters 
of  Crooked  River.12  Accompanying,  or  rather  over 
taking,  Steen's  expedition  on  Crooked  River  was  a 
party  of  four  white  men  and  five  Indians  escorting 
Superintendent  Geary  and  G.  H.  Abbott,  agent  at 
Warm  Springs,  upon  a  search  after  some  chiefs  with 
whom  they  could  confer  regarding  a  treaty,  or  at  least 
a  cessation  of  hostilities.  Without  the  prestige  of 
numbers,  presents,  or  display  of  any  kind,  Geary  was 
pushing  his  way  into  the  heart  of  a  hostile  wilderness, 
under  the  shadow  of  the  military  wing  which,  so  far 
from  being  extended  for  his  protection,  completely 
ignored  his  presence.13 

During  Geary's  stay  at  Steen's  camp,  on  the  15th 
of  July  two  refugees  from  a  party  of  prospectors 
which  had  been  attacked  by  the  Indians  came  in 
and  reported  the  wounding  of  one  man,  the  loss  of 
seventy  horses,  and  the  scattering  of  their  company, 

12Rept  of  Captain  Smith,  in  U.  S.  Sen.  Doc.,  i.  119,  36th  cong.  2d  sess.; 
Sac.  Union,  July  20,  1860;  S.  F.  Alia,  July  13,  1860. 

13  In  the  reports  of  military  and  Indian  departments  there  is  found  a 
mutual  concealment  of  facts,  no  mention  being  made  by  Steen  of  the  presence 
of  the  head  of  the  Indian  department  of  Oregon  and  Washington  at  his  camp, 
in  his  communication  to  his  superiors;  nor  did  Geary  in  his  report  confess 
that  he  had  been  disdainfully  treated  by  the  few  savages  to  whom  he  had  an 
opportunity  of  offering  the  friendship  of  the  United  States  government,  as 
well  as  by  the  army.  To  his  interpreter  they  replied  that  powder  and  ball 
were  the  only  gifts  that  they  desired  or  would  accept  from  white  men.  Inf. 
Aff.  Rcpt,  1860,  174-5;  Dalles  Mountaineer,  in  Or.  Statesman,  July  10.  I860; 
Olympia  Pioneer  and  Democrat,  July  20,  I860, 


STEEN'S  EXPEDITION.  467 

which  had  fled  into  Harney  Lake  Valley  after  being 
attacked  a  second  time.  This  incident,  with  the  gen 
eral  hopelessness  of  his  errand,  caused  Geary  to  re 
turn  to  The  Dalles,  while  an  express  was  sent  for 
ward  to  warn  Smith,  then  two  days  on  his  march 
toward  the  City  of  Rocks.  Steen  also  moved  his 
camp  to  Harney  Lake  to  be  within  communicating 
distance  in  case  Smith  should  be  attacked,  and  he 
spent  two  days  looking  for  Indians  without  finding 
any.  A  few  days  later  Smith  was  attacked,  as  above 
related. 

In  the  mean  time  Harney  had  been  summoned  to 
Washington  city  on  business  reputed  to  be  connected 
with  the  war  debt  of  Oregon  and  Washington  territo- 

O  O 

ries,  and  Colonel  Wright  was  placed  in  command  of  the 
department  of  Oregon.  On  hearing  of  the  interrup 
tion  of  the  explorations,  Wright  at  once  ordered 
three  companies  of  artillery  under  Major  George  P. 
Andrews  to  march  to  the  assistance  of  the  explorers, 
while  a  squadron  of  dragoons  under  Major  Grier  was 
directed  to  move  along  the  road  toward  Fort  Boise 
to  guard  the  immigrant  road,  and  be  within  com 
manding  distance  of  Steen,  who  it  was  supposed 
would  also  be  upon  the  road  in  a  few  weeks. 

When  Steen  had  been  reenforced  by  the  artillery 
companies,  he  marched  on  the  4th  of  August  toward 
a  range  of  snow  mountains  east  of  Harney  Lake,  ex 
tending  for  some  distance  southward,  near  which  he 
believed  the  Indians  would  be  found,  taking  with  him 
a  hundred  dragoons  and  sixty-five  artillerymen.  The 
remainder  of  the  command  under  Major  Andrews 
moved  eastward  to  a  camp  near  the  Owyhee  to  await 
orders.  Major  Grier  being  on  the  road  to  Boise  with 
his  dragoons,  looking  out  for  the  immigration,  Steen 
hoped  to  catch  the  Indians  and  drive  them  upon  one 
or  the  other  of  these  divisions.  Attached  to  Steen's 
division  was  a  small  company  of  scouts  from  the 
Warm  Spring  reservation,  who  on  the  fourth  day 


468  WAR  AND  DEVELOPMENT. 

discovered  signs  of  the  enemy  on  the  north  slope  of 
a  high  butte,  which  now  bears  the  name  of  Steen 
Mountain,  and  on  the  morning  of  the  8th  a  small 
party  of  Indians  was  surprised  and  fled  to  the  very 
top  of  this  butte  to  the  region  of  perpetual  snow, 
hotly  pursued  by  the  troops.  Arrived  at  the  sum 
mit,  the  descent  on  the  south  side  down  which  the 
Indians  plunged,  looked  impassable;  but,  with  more 
zeal  than  caution,  Steen  pursued,  taking  his  whole 
command,  dragoons  and  artillerv,  down  a  descent  of 

O  i/    ' 

six  thousand  feet,  through  a  narrow  and  dangerous 
canon,  with  the  loss  of  but  one  mule.  The  country 
about  the  mountain  was  then  thoroughly  recon 
noitred  for  three  days,  during  which  the  scouts 
brought  in  three  Indian  men  and  a  few  women  and 
children  as  prisoners. 

On  the  16th  the  command  returned  to  camp,  after 
which  Smith  made  a  forced  march  of  a  hundred  miles 
on  a  supposed  trail  without  coming  upon  the  enemy. 
Steen  then  determined  to  abandon  the  road  survey 
and  return  to  The  Dalles.  Dividing  the  troops  into 
three  columns  twrenty  miles  apart,  they  were  marched 
to  the  Columbia  River  without  encountering  any 
Indians  on  either  route.  Early  in  September  the 
companies  were  distributed  to  their  several  posts.14 
Yet  the  troops  were  not  more  than  well  settled  in 
garrisons  before  the  Snakes  made  a  descent  on  the 
Warm  Spring  reservation,  and  drove  off  all  the  stock 
they  had  not  before  secured.  When  there  was  nothing 
left  to  steal,  twenty  dragoons  under  Lieutenant  Gregg 
were  quartered  at  the  reservation  to  be  ready  to  repel 
any  further  attacks.7 


15 


Colonel  Wright  reported  to  headquarters,  Septem 
ber  20th,  that  the  "routes  of  immigration  were  ren 
dered  perfectly  safe  "  by  the  operations  of  troops  during 

14  U.  S.  Sen.  Doc.  1,  vol.  ii.  131,  36th  cong.  2d  sess.;  Olympia  Pioneer 
and  Democrat,  Sept.  14,  1860. 

ulnd.  A/.  Rept,  1860,  176;  1861,  156;  Puget  Sound  Herald,  Oct.  26,  1860. 


MASSACRE  ON  SNAKE  RIVER.  469 

the  summer;  that  nothing  more  needed  to  be  done  or 
could  be  done,  with  regard  to  the  Shoshones,  before 
spring,  when  the  superintendent  would  essay  a  treaty 
at  Salmon  River,  which  would  serve  every  purpose;16 
but  urged  the  construction  of  a  fort  at  Boise,  which  had 
already  been  directed  by  the  secretary  of  war,  delayed, 
however,  for  reasons  connected  with  the  threatening 
aspect  of  affairs  in  the  southern  states.  Major  Grier's 
command,  which  had  taken  the  road  to  Boise'  to  look 
after  the  immigration,  returned  to  Walla  Walla  in  Sep 
tember. 

The  troops  were  no  sooner  comfortably  garrisoned 
than  the  local  Indian  agent  at  the  Umatilla,  Byron 
N.  Davis,  notified  the  commander  at  Fort  Walla 
Walla  that  a  massacre  had  taken  place  three  weeks 
previous  on  Snake  River,  between  Salmon  Falls  and 
Fort  Boise,  wherein  about  fifty  persons  had  been 
killed,  or  scattered  over  the  wilderness  to  perish  by 
starvation.  Davis  also  reported  that  he  had  imme 
diately  despatched  two  men  with  a  horse-load  of  pro 
visions  to  hasten  forward  to  meet  any  possible  surviv 
ors;  and  at  the  same  time  a  loaded  wagon  drawn  by 
oxen,  this  being  the  best  that  he  could  do  with  the 
means  at  his  command.  As  soon  as  the  disaster  be 
came  known  to  the  military  authorities,  Captain  Dent 
with  one  hundred  mounted  men  was  ordered  to  pro 
ceed  rapidly  along  the  road  and  afford  such  assistance 
as  was  required  by  the  sufferers,  and  if  possible  to 
punish  the  Indians.  At  the  same  time  it  was  thought 
that  the  repoirt  brought  in  by  the  three  known  sur 
vivors  might  be  exaggerated.17 

The  story  of  the  ill-fated  party  is  one  of  the  most 
terrible  of  the  many  terrible  experiences  of  travellers 
across  the  Snake  River  plains.  On  the  13th  of  Sep 
tember,  between  nine  and  ten  o'clock  in  the  morning, 
a  train  of  eight  wagons  and  fifty-four  persons  was 

16  U.  8.  Sen.  Doc.  1,  vol.  ii.  p.  136,  1860-61,  36th  cong.  2d  sess. 

17  Report  of  Colonel  Wright,  in  U.  S.  Sen.  Doc.  1,  vol.  ii.  p.  141,  1860-1, 
36th  cong.  2d  sess. 


470  WAR  AND  DEVELOPMENT. 

attacked  by  Indians  about  one  hundred  in  number. 
An  escort  of  twenty -two  dragoons  had  travelled  with 
this  company  six  days  west  of  Fort  Hall,  where  Colo 
nel  Howe  was  stationed  with  several  companies  of 
troops  for  the  purpose  of  protecting  the  immigration 
to  California  and  Oregon.  Thinking  the  California 
road  more  dangerous,  and  aware  that  there  were  or 

O  ' 

had  been  troops  from  the  Oregon  department  in  the 
neighborhood  of  Boise,  Colonel  Howe  deemed  further 
escort  unnecessary,  and  the  train  proceeded  for  two 
weeks  before  meeting  with  any  hostile  Indians. 

On  the  morning  named  they  appeared  in  force,  sur 
rounding  the  train,  yelling  like  demons,  as  the  emi 
grants  thought  with  the  design  of  stampeding  their 
cattle,  which  they  accordingly  quickly  corralled,  at 
the  same  time  preparing  to  defend  themselves.  See 
ing  this,  the  savages  made  signs  of  friendship,  and 
of  being  hungry,  by  which  means  they  obtained  leave 
to  approach  near  enough  to  receive  presents  of  food. 
They  then  allowed  the  emigrants  to  pass  on,  but 
when  the  wagons  had  gained  a  high  point  which  ex 
posed  them  to  attack,  a  fire  was  opened  on  the  train 
with  rifles  and  arrows  from  the  cover  of  the  artemisia. 
Again  the  company  halted  and  secured  their  cattle. 
But  before  this  was  accomplished  three  men  were 
shot  down.  A  battle  now  took  place,  which  lasted 
the  remainder  of  the  day,  and  in  which  several  Ind 
ians  were  seen  to  fall.  The  firing  of  the  savages  was 
badly  directed,  and  did  little  harm  except  to  annoy 
the  horses  and  cattle,  already  irritable  for  want  of 
food  and  water.  All  night  the  Indians  fired  random 
shots,  and  on  the  morning  of  the  second  day  recom 
menced  the  battle,  which  continued  until  the  second 
night,  another  man  being  killed.  Toward  sunset  the 
company  agreed  upon  leaving  four  of  their  wagons 
for  booty  to  the  Indians,  hoping  in  this  way  to  divert 
their  attention  long  enough  to  escape  with  the  other 
four.  They  accordingly  started  on  with  half  the 
train,  leaving  half  behind.  But  the  savages  paid  no 


SUFFERINGS  OF  THE  IMMIGRANTS.  471 

heed  to  the  abandoned  property,  following  and  attack 
ing  the  emigrants  with  fresh  activity.  The  men 
labored  to  hasten  their  cattle,  but  in  spite  of  all  their 
efforts  the  hungry  creatures  would  stop  to  snatch  a 
mouthful  of  food.  With  the  company  were  four 
young  men,  discharged  soldiers  from  Fort  Hall,  well 
armed  with  rifles  and  revolvers  belonging  to  the  com 
pany,  and  mounted  on  good  horses,  who  were  to  ride 
in  advance  to  keep  the  way  open.  Instead  of  doing 
their  duty,  they  fled  with  the  horses  and  arms.18  Two 
other  men,  brothers  named  Reith,  succeeded  in  reach 
ing  Umatilla  the  2d  of  October,  by  whose  report,  as 
well  as  the  story  of  the  other  surviving  fugitives,  the 
massacre  became  known. 

Finding  it  impossible  to  drive  the  famished  cattle, 
and  seeing  that  in  a  short  time  they  must  fall  victims 
to  the  savages,  the  ill-fated  emigrants  determined  to 
abandon  the  remainder  of  the  loaded  wagons  and  the 
cattle,  and  if  possible  save  their  lives.  The  moment, 
however,  that  they  were  away  from  the  protection 
of  the  wagons,  two  persons,  John  Myers  and  Susan 
Utter,  were  shot  dead.  Mr  Utter,  father  of  the 
young  woman,  then  made  signs  of  peace,  but  was 
shot  while  proposing  a  treaty.  Mrs  Utter  refused  to 
quit  her  dead  husband,  and  with  three  of  her  children, 
a  boy  and  two  girls,  was  soon  despatched  by  the 


savages. 


Eleven  persons  had  now  been  killed,  six  others  had 
left  the  train,  and  there  remained  thirty-seven  men, 
women,  and  children.  They  were  too  hard  pressed  to 
secure  even  a  little  food,  and  with  one  loaf  of  bread 
hastily  snatched  by  Mrs  Chase,  fled,  under  cover  of 
the  darkness,  out  into  the  wilderness  to  go — they 
knew  not  whither.  By  walking  all  night  and  hiding 
under  the  bank  of  the  river  during  the  day  they 
eluded  the  Indians.  The  men  had  some  fish-hooks, 

18 These  men  were  named  Snyder,  Murdoch,  Chambourg,  and  Chaffey. 
Snyder  and  Chaffey  escaped  and  reported  the  other  two  as  killed.  Account 
of  Joseph  Myers,  in  Olympia  Standard,  Nov.  30,  I860;  see  also  Sac.  Union, 
Oct.  10,  I860. 


472  WAR  AND  DEVELOPMENT. 

the  women  some  thread,  which  furnished  lines  for 
fishing,  by  which  means  they  kept  from  starving. 
As  the  howlings  of  the  Indians  could  still  be  heard, 
no  travel  was  attempted  except  at  night.  After  go 
ing  about  seventy  miles,  the  men  became  too  weak 
from  famine  to  carry  the  young  children.  Still  they 
had  not  been  entirely  without  food,  since  two  dogs 
that  had  followed  them  had  been  killed  and  eaten. 

After  crossing  Snake  River  near  Fort  Boise  they 
lost  the  road,  and  being  unable  to  travel,  encamped 
on  the  Owyhee  River.  Just  before  reaching  this 
their  final  camp,  a  poor  cow  was  discovered,  which 
the  earlier  emigration  had  abandoned,  whose  flesh 
mixed  with  the  berries  of  the  wild  rose  furnished 
scanty  subsistence,  eked  out  by  a  few  salmon  pur 
chased  of  some  Indians  encamped  on  the  Snake  River 
in  exchange  for  articles  of  clothing  and  ammunition. 
The  members  of  the  party  now  awaiting  their  doom, 
in  the  shelter  of  the  wigwams  on  the  banks  of  the 
Owyhee,  were  Alexis  Vanorman,  Mrs  Vanorman, 
Mark  Vanorman,  Mr  and  Mrs  Chase,  Daniel  and 
Albert  Chase,  Elizabeth  and  Susan  Trimble,  Samuel 
Gleason,  Charles  and  Henry  Utter,  an  infant  child 
of  the  murdered  Mrs  Utter,  Joseph  Myers,  Mrs 
Myers,  and  five  young  children,  Christopher  Trimble, 
several  children  of  Mr  Chase,19  and  several  of  Mr 
Vanorman's. 

Before  encamping  it  had  been  determined  to  send  an 
express  to  the  settlements.  An  old  man  named  Mun- 
son,  and  a  boy  of  eleven,  Christopher  Trimble,  were 
selected  to  go.  On  reaching  Burnt  River  they  found 
the  Reith  brothers  and  Chaff ey,  one  of  the  deserting 
soldiers.  They  had  mistaken  their  way  and  wandered 

19  These  are  all  the  names  mentioned  by  Myers  in  his  account  of  the 
sojourn  on  the  Owyhee;  but  there  are  other  names  given  by  the  Reith  broth 
ers  who  first  arrived  at  Umatilla.  These  were  William  Anttly,  a  soldier 
from  Fort  Hall;  A.  Market-man,  wife  and  five  children;  an  old  man  named 
Civilian  G.  Munson;  and  Charles  Kesner,  a  soldier  from  Fort  Hall.  U.  .V. 
Sen.  Doc.  1,  vol.  ii.  143,  1SGO-G1,  30th  cong.  2d  sess.  Munson  was  among 
the  rescued;  all  the  others  must  have  been  killed  in  flight.  Myers  of  course 
could  not  see  all  that  was  transpiring  in  the  moment  of  greatest  emergency. 


STARVATION.  473 

in  the  wilderness,  having  just  returned  to  the  road. 
Munson  went  on  with  these  four  men,  two  of  whom 
succumbed  before  reaching  any  settlement,  and  young 
Trimble  returned  to  the  Owyhee  to  encourage  the 
others  in  the  hope  that  help  might  come.  They 
therefore  made  what  effort  they  could  to  keep  them 
selves  alive  with  frogs  caught  along  the  river. 

During  the  first  fortnight  the  Indians  made  several 
visits  to  the  camp  of  the  emigrants,  and  carried  away 
their  guns.  A  considerable  quantity  of  clothing  had 
been  disposed  of  for  food,  and  as  there  was  nothing  to 
replace  it,  and  the  nights  were  cold,  there  was  an  in 
crease  of  suffering  from  that  cause.  The  Indians 
took  away  also  by  force  the  blankets  which  the  fleeing 
men  and  women  had  seized.  Alarmed  lest  another 
day  they  might  strip  him  of  all  his  clothing,  arid  end 
bv  killing  him.  Vanorman  set  out  with  his  wife  and 

t/  O 

children,  five  in  number,  Samuel  Gleason,  and  Charles 
and  Henry  Utter,  to  go  forward  on  the  road,  hoping 
the  sooner  to  meet  a  relief  party.  As  it  afterward 
appeared,  they  reached  Burnt  River,  where  all  their 
bodies  were  subsequently  discovered,  except  those  of 
the  four  younger  children,  who,  it  was  thought,  were 
taken  into  captivity.20  They  had  been  murdered  by 
the  savages,  and  Mrs  Vanorman  scalped. 

Not  long  after  the  departure  from  camp  of  this 
unfortunate  party,  Mr  Chase  died  from  eating  sal 
mon,  which  he  was  too  weak  to  digest.  A  few  days 
later,  Elizabeth  Trimble  died  of  starvation,  followed 
shortly  by  her  sister  Susan.  Then  died  Daniel  and 
Albert  Chase,  also  of  famine.  For  about  two  weeks 
previous,  the  Indians  had  ceased  to  bring  in  food,  or, 

20  '  Eagle-from-tke-Light,  a  Nez  Perce",  had  just  returned  from  the  Snake 
country,  and  there  came  with  him  four  Snake  Indians,  who  informed  Agent 
Cain  that  they  knew  of  four  children,  members  of  that  unfortunate  party, 
that  were  yet  alive.  Arrangements  were  made  with  them  by  which  they 
agree  to  bring  them  in,  and  accordingly  have  left  their  squaws,  and  returned 
to  their  country  for  that  purpose.'  Letter  from  Walla  Walla,  in  Or.  Argus, 
Dec.  22,  1860.  The  Indians  who  went  after  the  children,  one  of  whom  was 
a  girl  of  thirteen,  returned  on  account  of  snow  in  the  mountains.  They  were 
heard  of  within  150  miles  of  the  Flathead  agency,  and  were  sent  for  by  Mr 
Owen,  agent  at  that  place,  but  were  never  found. 


474  WAR  AND  DEVELOPMENT. 

indeed,  to  show  themselves,  and  thus  helped  on  the 
catastrophe,  the  indirect  cause  of  which  was  their 
dread  of  soldiers.  Young  Trimble  had  been  in  the 
habit  of  visiting  the  Indian  carnp  before  mentioned, 
and  one  day  on  returning  to  the  immigrant  camp 
brought  with  him  some  Indians  having  salmon  to  sell. 
As  Trimble  was  about  to  accompany  them  back  to 
their  village,  he  was  asked  by  Myers  to  describe  the 
trail,  "for,"  said  he,  "if  the  soldiers  come  to  our  relief 
we  shall  want  to  send  for  you."  It  was  an  unfortu 
nate  utterance.  At  the  word  'soldiers'  the  Indians 
betrayed  curiosity  and  fear.  They  never  returned  to 
the  white  camp;  but  when  sought  they  had  fled,  leav 
ing  the  body  of  the  boy,  whom  they  murdered,  to  the 
wolves. 

At  length,  in  their  awful  extremity,  the  living  were 
compelled  to  eat  the  bodies  of  the  dead.  This  deter 
mination,  says  Myers,  was  unanimous,  and  was  arrived 
at  after  consultation  and  prayer.  The  bodies  of  four 
children  were  first  consumed,  and  eaten  of  sparingly, 
to  make  the  hated  food  last  as  long  as  it  might.  But 
the  time  came  when  the  body  of  Mr  Chase  was  ex 
humed  and  prepared  for  eating.  Before  it  had  been 
tasted,  succor  arrived,  the  relief  parties  of  the  Indian 
agency  and  Captain  Dent  reaching  the  Owyhee,  forty- 
five  days  after  the  attack  on  Snake  River.  When 
the  troops  came  into  this  camp  of  miser}'',  they  threw 
themselves  down  on  their  faces  and  wept,  and  thought 
it  a  cruelty  that  Captain  Dent  would  not  permit  them 
to  scatter  food  without  stint  ainon^  the  half-naked 

O 

living  skeletons  stretched  upon  the  ground,  or  that 
he  should  resist  the  cries  of  the  wailing  and  emaci 
ated  children. 

The  family  of  Myers,  Mrs  Chase  and  one  child,  and 
Miss  Trimble  were  all  left  alive  at  the  camp  on  the 
Owyhee.  Munson  and  Chaffey  were  also  rescued, 
making  twelve  brought  in  by  the  troops.  These  with 
the  three  men  who  first  reached  the  Columbia  River 
were  all  that  survived  of  a  company  of  fifty-four  per- 


ACTION  OF  THE  LEGISLATURE.  475 

sons.  Thirty-nine  lives  had  been  lost,  a  large  amount  of 
property  wasted,  and  indescribable  suffering  endured 
for  six  weeks.  When  Captain  Dent  arrived  with 
the  rescued  survivors  at  the  Blue  Mountains,  they 
were  already  covered  with  snow,  which  a  little  later 
would  have  prevented  his  return.21 

The  Oregon  legislature  being  in  session  when  news  of 
the  Snake  River  massacre  reached  the  Willamette 
Valley,  Governor  Whiteaker,  in  a  special  message, 
suggested  that  they  memorialize  the  president,  the 
secretary  of  war,  and  the  commander  of  the  depart 
ment  of  Oregon,  on  the  necessity  for  greater  security 
of  the  immigration  between  forts  Hall  and  Walla 
Walla.  He  reminded  them  that  they  had  just  passed 
through  an  Indian  war  from  which  the  country  was 
greatly  depressed,  and  left  it  with  the  legislature 
to  determine  whether  the  state  should  undertake  to 
chastise  the  Indians,  or  whether  that  duty  should  be 
left  to  the  army.22  Acting  upon  the  governor's  sug 
gestion,  a  memorial  was  addressed  to  congress,  asking 
for  a  temporary  post  at  the  Grand  Rond,  with  a  com 
mand  of  twenty-five  men ;  another  with  a  like  command 
on  Burnt  River;  and  a  permanent  post  at  Boise7  of 
not  less  than  one  company.  These  posts  could  be 
supplied  from  Walla  Walla,  which,  since  the  opening 
of  the  country  to  settlement,  had  become  a  flourishing 
centre  of  business.23  The  troops  at  the  two  tempo 
rary  posts  of  Grande  Ronde  and  Burnt  River  could 

21  Washington  Standard,  Nov.  30,   1860;  Or.  Statesman,  Nov.  26,   1860; 
Portland  Advertiser,  Nov.  7,  1860;  May's  Scraps,  v.    191;  Or.  Argus,  l\ov. 
24,    1860;  Olympia  Pioneer  and  Democrat,   Oct.   19,   1860;   Ind.  Aff.  Rept, 
1861,  1,35;   U.  S.  II.  Ex.  Doc.  46,  vol.  viii.,  36th  cong.  2d  sess. ;  Cong.  Globe, 
1860-61,   part  ii.  p.  1324-5;  Or.  Jour.  Senate,  1860,  63;  Special  Message  of 
G,v.    Whiteaker,  in  Or.   Statesman,  Oct.  15,  1860;  8.  F.  Bulletin,  Nov.   14 
and  23,  1860. 

22  Or.  Statesman,  Oct.  15,  1860. 

23  The  beneficial  results  of  the  military  post  at  Walla  Walla,  erected  by 
order  of  General  Wool  in  1857,  had  been  great.      'Where  but  recently  the 
bones  of  our  countrymen  were  bleaching  on  the  ground,  now  all  is  quiet  and 
our  citizens  are  living  in  peace,  cultivating  the  soil,  and  this  year  have  har 
vested  thousands  of  bushels  of  grain,  vegetables  are  produced  in  abundance, 
mills  have  been  erected,  a  village  has  sprung  up,  shops  and  stores  have  been 
opened,  and  civilization  has  accomplished  wonderful  results  by  the  wise  policy 
of  the  government.'  Memorial  to  Cong.,  Or.  Laws,  1860,  ap.  2. 


476  WAR  AND  DEVELOPMENT. 

return  to  Fort  Walla  Walla  to  winter,  and  remain  in 
garrison  from  November  till  May.  Another  perma 
nent  post  at  or  near  the  Great  Falls  of  Snake  River, 
garrisoned  by  at  least  one  full  company,  was  asked 
for,  where  also  an  Indian  agent  should  be  stationed. 
This  post  it  was  believed  would  hold  in  cheek  not 
only  the  Indians,  but  lawless  white  men,  fugitives 
from  justice,  who  consorted  with  them,  and  could  be 
supplied  from  Fort  Hall. 

The  same  memorial  urged  that  treaties  should  be 
made  with  all  the  Indians  of  Oregon,  removing  them 
to  reservations;  and  asked  for  military  posts  at  Warm 
Springs  and  Klamath  Lake.  In  connection  with 
these  military  establishments,  the  legislature  recom 
mended  the  construction  of  a  military  road  from  the 
foot  of  the  Cascades  of  the  Columbia  to  Fort  Walla 
Walla,  which  should  be  passable  when  the  Columbia 
was  obstructed  by  ice.  In  a  briefer  memorial  the 
secretary  of  war  was  informed  of  the  want  of  military 
protection  on  the  routes  of  immigration,  and  asked  to 
establish  three  posts  within  the  eastern  borders  of 
Oregon;  namely,  a  four-company  post  at  Fort  Boise; 
a  two-company  post  on  the  Malheur  River,  for  the  pur 
pose  of  protecting  the  new  immigrant  trail  from  Boise 
to  Eugene  City;  and  a  one-company  post  somewhere 
on  Snake  River  between  forts  Boise  and  Walla 
Walla.  This  memorial  also  asked  that  a  military 
road  be  constructed  on  the  trail  leading  from  Eugene 
City  to  Boise.24 

The  Umpqua  district  being  attached  to  the  depart 
ment  of  California,  it  devolved  on  General  Clarke  in 
command  to  look  after  the  southern  route  to  Oregon. 
This  he  did  by  ordering  Lieutenant  A.  Piper  of  the 
3d  artillery,  stationed  at  Fort  Umpqua,  to  take  the 

24  The  committee  that  prepared  this  memorial  evidently  was  under  the 
impression  that  Steen  had  completed  a  recounoissance  of  the  middle  route, 
which  was  not  the  case,  his  time  being  chiefly  spent,  as  Wright  expressed  it, 
in  'pursuing  an  invisible  foe.'  Steen 's  report  was  published  by  congress. 
See  COIKJ.  Globe,  1800-1,  part  ii.,  1457. 


SUCCESS  OF  THE  SXAKES.  477 

field  in  southern  Oregon  with  one  company  June  27th, 
and  proceed  to  the  Klamath  Lake  country  to  quiet 
disturbances  there,  occasioned  by  the  generally  hostile 
attitude  of  the  Indians  of  northern  California,  Ne 
vada,  and  southern  Oregon  at  this  time.  Piper  en 
camped  at  a  point  seventy-five  miles  west  of  Jack 
sonville,  which  he  called  Camp  Day.  In  September 
a  train  of  thirty-two  wagons  arrived  there,  which 
had  escaped  with  no  further  molestation  than  the  loss 
of  some  stock.  Another  train  being  behind,  and  it 
becoming  known  that  a  hundred  Snake  Indians  were 
in  the  vicinity  of  Klamath  Lake,  under  a  chief  named 
Howlack,  sixty-five  men  were  sent  forward  to  their 
protection.  They  thus  escaped  evils  intended  for 
them,  but  which  fell  on  others. 

Successes  such  as  had  attended  the  hostile  move 
ments  of  the  Snake  Indians  during  the  years  of 
1859-60  were  likely  to  transform  them  from  a  cow 
ardly  and  thieving  into  a  warlike  and  murderous  foe. 
The  property  obtained  by  them  in  that  time  amounted 
to  many  thousands  of  dollars,  and  being  in  arms,  am 
munition,  horses,  and  cattle,  placed  them  upon  a  war 
footing,  which  with  their  nomadic  habits  and  knowl 
edge  of  the  country  rendered  them  no  despicaJble 
foe,  as  the  officers  and  troops  of  the  United  States 
were  yet  to  be  compelled  to  acknowledge.25 

25  In  the  summer  of  1858  G.  H.  Abbott,  Indian  agent,  went  into  the  Ind 
ian  country,  afterward  known  to  military  men  as  the  Lake  District,  with  a 
view  to  make  treaties  with  the  Snakes,  Bannocks,  Klamaths,  and  Modocs, 
the  only  tribes  capable  of  making  war,  who  had  neither  been  conquered  nor 
treated  with,  and  selected  a  place  for  an  agency  north  of  the  Klamath  Lakes, 
and  about  75  miles  from  Jacksonville  in  a  north-easterly  direction.  On  his 
return  his  party  discovered  the  remains  of  five  men,  prospectors,  who  had 
been  murdered,  as  it  was  believed,  by  Klamaths,  011  the  head  waters  of  Butte 
creek,  the  middle  fork  of  Rogue  River.  They  were  Eli  Tedford,  whose 
body  was  burned,  Robert  Probst,  James  Crow,  S.  F.  Conger,  and  James 
Brown.  Ind.  Aff.  jRept,  1859,  891-2.  A  company  of  volunteers  at  once  went 
in  search  of  the  murderers,  three  of  whom,  chiefly  by  the  assistance  of  the 
agent,  were  apprehended,  and  whom  the  Klamaths  voluntarily  killed  to  pre 
vent  trouble;  that  tribe  being  now  desirous  of  standing  well  with  the  U.  S. 
government.  Five  other  renegades  from  the  conquered  tribes  of  the  Rogue 
River  mountains  were  not  captured.  In  June  1859  a  prospecting  party  from 
Lane  county  was  attacked  on  the  head  waters  of  the  Malheur  River,  and 
two  of  the  men  wounded.  They  escaped  with  a  loss  of  $7,000  or  $8,000 
worth  of  property.  Sac.  Union,  July  7,  1860.  Of  the  emigrants  of  1859  who 


478  WAR  AND  DEVELOPMENT. 

The  continual  search  for  gold  which  had  been  going 
on  in  the  Oregon  territory  both  before  and  after  its  di 
vision26  was  being  actively  prosecuted  at  this  time.  An 
acquaintance  with  the  precious  metal  in  its  native 
state  having  been  acquired  by  the  Oregon  miners  in 
California  in  1848-9,  reminded  some  of  them  that 
persons  who  had  taken  the  Meek  cut-off  in  1845, 
while  passing  through  the  Malheur  country  had  picked 
up  an  unfamiliar  metal,  which  they  had  hammered  out 
on  a  wagon-tire,  and  tossed  into  a  tool-chest,  but  which 
was  afterward  lost.  That  metal  they  were  now  confi 
dent  was  gold,  and  men  racked  their  brains  to  remember 

O  ' 

the  identical  spot  where  it  was  found;  even  going  on 
an  expedition  to  the  Malheur  in  1849  to  look  for  it, 
but  without  success. 

Partial   discoveries   in  many  parts  of  the  country 

took  the  southern  route  into  the  Klamath  Lake  valley,  one  small  train  was 
so  completely  cut  off  that  their  fate  might  never  have  been  discovered  but 
for  the  information  furnished  by  a  Klamath  Indian,  who  related  the  affair  to 
Abbott.  The  men  and  women  were  all  killed  at  the  moment  of  attack,  and 
the  children,  reserved  for  slavery,  were  removed  with  their  plunder  to  the 
island  in  Tule  Lake,  long  famous  as  the  refuge  of  the  murderous  Modocs. 
A  few  days  later,  seeing  other  emigrant  trains  passing,  the  Indians  became 
apprehensive  and  killed  their  captives.  Abbott  made  every  effort  to  learn 
something  more  definite,  but  without  success.  By  some  of  the  Modocs  it 
was  denied;  by  others  the  crime  was  charged  upon  the  Pit  River  Indians, 
and  the  actual  criminals  were  never  brought  to  light.  In  the  summer  of 
1858,  also,  that  worthy  Oregon  pioneer,  Felix  Scott,  and  seven  others  had  been 
cut  off  by  the  Modocs,  and  a  la"ge  amount  of  property  captured  or  destroyed. 
Drew  made  a  report  on  the  Modocs,  in  Ind.  Aff.  Rept,  18G3,  59,  where  he 
enumerates  1 12  victims  of  their  hostility  since  1852,  and  estimates  the  amount 
of  property  taken  at  not  less  than  §300,000. 

26  As  early  as  July  1850  two  expeditious  set  out  to  explore  for  gold  on  the 
Spokane  and  Yakima  rivers,  S.  F.  Pac.  News,  July  24  and  Oct.  10,  1850; 
but  it  was  not  found  in  quantities  sufficient  to  cause  any  excitement.  M.  De 
Saint-Amant,  an  envoy  of  the  French  government,  travelling  in  Oregon  in 
1851,  remarked,  page  3G5  of  his  book,  that  without  doubt  gold  existed  in  the 
Yakima  country,  and  added  that  the  Indians  daily  found  nuggets  of  the  pre 
cious  metal.  He  gave  the  same  account  of  the  Spokane  country,  but  I  doubt 
if  his  knowledge  was  gained  from  any  more  reliable  source  than  rumor.  There 
were  similar  reports  of  the  Pend  d'Oreille  country  in  1852.  Zabri«kie's  Land 
Law,  823.  In  1853  Captain  George  B.  MeClelLui,  then  connected  with  the 
Pacific  railroad  survey,  found  traces  of  gold  at  the  head-waters  of  the  Yak 
ima  River.  Stevens'  Nurr.,  in  Pac.  R.  R.  Kept,  xii.  140.  In  1854  some  mining 
was  done  on  that  river  and  also  on  the  Wenatchie.  Or.  Statesman,  June  20, 
1854;  S.  F.  Alia,  June  13,  1854;  and  prospecting  was  begun  on  Burnt  River 
in  the  autumn  of  the  same  year.  Ebetj's  Journal,  MS.,  ii.  39,  50,  and  also 
in  the  vicinity  of  The  Dalles.  8.  F.  Alfa,  Sept.  30,  1854.  In  1855  there 
were  discoveries  near  Colville,  the  rush  to  which  place  was  interrupted  by  the 
Indian  war.  In  1857-8  followed  the  discoveries  in  British  Columbia,  and 
the  Frazer  River  excitement. 


SEARCHING  FOR  GOLD.  479 

north  of  the  Columbia  again  in  1854  induced  a  fresh 
search  for  the  'lost  diggings,' as  the  forgotten  locality 
of  the  gold  find  in  1845  was  called,  which  was  as  un 
successful  as  the  previous  one.  Such  was  the  faith, 
however,  of  those  who  had  handled  the  stray  nugget, 
that  parties  resumed  the  search  for  the  lost  diggings, 
while  yet  the  Indians  in  all  the  eastern  territory  were 
hostile,  and  mining  was  forbidden  by  the  military  au 
thorities.27  The  search  was  stimulated  by  Wallen's 
report  of  his  road  expedition  down  the  Malheur  in 
1859,  gold  being  found  on  that  stream;  and  in  I860 
there  was  formed  in  Lane  county  the  company  before 
mentioned,  which  was  attacked  by  the  Snakes,28  and 
robbed  of  several  thousand  dollars'  worth  of  horses 
and  supplies.  In  August  1861  still  another  company 
was  organized  to  prosecute  the  search,  but  failed  like 
the  others ;  and  breaking  up,  scattered  in  various  parts 
of  the  country,  a  small  number  remaining  to  pros 
pect  on  the  John  Day  and  Powder  rivers,  where  some 
time  in  the  autumn  good  diggings  were  discovered.29 

27  In  August  1857  James  McBride,  George  L.  Woods,  Perry  McCullock, 
Henry  Moore,  and  three  others,  Or.  Argus,  Aug.  8,  1857,  left  The  Dalles,  in 
tending  to  go  to  the  Malheur,  but  were  driven  back  by  the  Snake  Indians,  and 
fleeing  westward,  crossed  the  Cascade  Mountains  near  the  triple  peaks  of  the 
Three  Sisters,  emerging  into  the  Willamette  Valley  in  a  famishing  condition. 
Victor's  Trail-making  in  Oregon,  in  Overland  Monthly.     In  August  1858  Mc 
Bride  organized  a  second  expedition,  consisting  of  26  men,  who  after  a  month  a 
search  returned  disappointed.    Or.  Argus,  Sept.  18,  1858.     Other  attempts 
followed,  but  the  exact  locality  of  the  lost  diggings  was  never  fixed. 

28  This  party  was  led  by  Henry  Martin,  who  organized  another  company 
the  following  year. 

29  There  were  three  companies  exploring  in  eastern  Oregon  in  1861;  the 
one  from  Marion  county  is  the  one  above  referred  to,  seven  men  remaining 
after  the  departure  of  the  principal  part  of  the  expedition.     It  appears  that 
J.  L.  Adams  was  the  actual  discoverer  of  the  John  Day  diggings,  and  one 
Marshall  of  the  Powder  River  mines.     The  other  companies  were  from  Clack- 
amas  and  Lane,  and  each  embraced  about  60  men.     The  Lane  company  pros 
pected  the  Malheur  unsuccessfully.     In  Owen's  Directory  the  discovery  of 
the  John  Day  mines  is  incorrectly  attributed  to  Calif ornians.    Portland  Ad 
vertiser,  in  Olympia  Herald,  Nov.  7,  1861;  Portland  Oregonian,Nov.  7,  1861; 
Sac    Union,  Nov.  16,  1861;  N.  Y.  Engineering  and  Mining  Journal,  in  Port 
land  D.  Herald,  March  22,  1871;  Cat.  Farmer,  Feb.  27,  1863.     Previous  to 
the  announcement  of  the  discoveries  by  the  Oregon  prospectors,  E.  D.  Pierce 
returned  to  Walla  Walla  from  an  expedition  of  eight  weeks  in  extent,  per 
formed  with  a  party  of  20  through  the  country  on  the  west  side  of  Snake 
River,  taking  in  the  Malheur,  Burnt,  Powder,  and  Grande  Ronde  rivers.    He 
reported  finding  an  extensive  gold-field  on  these  streams,  with  room  for  thou 
sands  of  miners,  who  could  make  from  three  to  fifteen  dollars  a  day  each. 


480  WAR  AND  DEVELOPMENT. 

Two  men  working  half  a  day  on  Powder  River  cleaned 
up  two  and  a  half  pounds  of  gold-dust.  One  claim 
yielded  $6,000  in  four  days;  and  one  pan  of  earth  con 
tained  $150.  These  stories  created  the  liveliest  inter 
est  in  every  part  of  Oregon,  and  led  to  an  immediate 
rush  to  the  new  gold-fields,  though  it  was  already 
November  when  the  discovery  was  made  known. 

Taken  in  connection  with  the  discoveries  in  the 
Nez  Perce  country,  which  preceded  them  by  about  a 
year  and  a  half,  these  events  proved  that  gold-fields 
extended  from  the  southern  boundary  of  Oregon  to 
the  British  possessions.  Already  the  migration  to 
the  Nez  Perce,  Oro  Fino,  and  Salmon  River  mines 
had  caused  a  great  improvement  in  the  country.  It 
had  excited  a  rapid  growth  in  Portland  and  The 
Dalles,30  and  caused  the  organization  of  the  Oregon 
Steam  Navigation  Company,31  which  in  1861  had 
steamboats  carrying  freight  three  times  a  week  to 

Pierce  brought  specimens  of  silver-bearing  rocks  to  be  assayed.  About  forty 
persons  in  Oct.  had  taken  claims  in  the  Grande  Ronde  Valley,  prepared  to 
winter  there.  Portland  Oregonian,  Aug.  27,  18G1;  Or.  Statesman,  Oct.  21, 
1SG1;  S.  F.  Bulletin,  Oct.  24,  1801;  Sac.  Union,  Nov.  4  and  10,  1801. 

30  Wasco  county  was  assessed  in  18G3  $1,500,000,  a  gain  of  half  a  million 
since   18G2,  notwithstanding  heavy  losses  by  flood  and  snow.   Or.  Argus, 
Sept,  28,  18G3. 

31  The  James  P.  Flint,  a  small  iron  propeller,  built  in  the  east,  was  the 
first  steamboat  on  the  Columbia  above  the  Cascades.     She  was  hauled  up 
over  the  rapids  in   1852  to  run  to  The  Dalles,  for  the  Bradford  brothers, 
Daniel  and  Putnam.     The  Yakima  war  of    1855-6  gave  the  first  real  im 
pulse  to   steamboating  on  the  Columbia  above  the  Willamette.     The  first 
steamer  built  to  run  to  the  Cascades  was  the  Belle,  owned  by  J.  C.  Ainsworth 
&  Co.,  the  next  the  Fashion,  owned  by  J.  0.  Van  Bergen.     J.  S.  Buckle  soon 
after  built  the  Mountain  Back.     Others  rapidly  followed.     In  185G  between 
the  Cascades  and  The  Dalles  there  were  the  Mary  and  the  Wasco,  built  by 
the  Bradiords.     In  1857  there  was  no  steamboat  above  The  Dalles,  and  Cap 
tain  Cram  of  the  army  confidently  declared   there  never  could   be.     I.  J. 
Stevers  contradicted  this  view,  and  a  correspondence  ensued.  Olympia  Pier- 
old,  Dec.  24,  1858.     In  1858  R.  R.  Thompson  built  a  steamboat  above  the 
Cascades,  called  The  Venture,  which  getting  into  the  current  was  carried  over 
t'le  falls.     She   was   repaired,   named   the    Umatilla,  and  taken  to  Fraser 
River.     In  the  autumn  and  winter  of  1858-9,  R.  R,  Thompson  and  Lawrence 
"W.  Coe  built  the  Colonel  Wright  above  The  Dalles,  which  in  spite  of  Cram's 
prognostics  ran  to  Fort  Walla  Walla,  to  Priest's  Rapids,  and  up  Snake  River. 
Ihe  JJdssaloe  was  also  put  on  the  river  between  the  Cascades  and  The  Dalles 
in  1858,  and  below  the  Cascades  the  Carrie  A.  Ladd.     There  was  at  this 
time  a  horse-railroad  at  the  portage  on  the  north  side  of  the  Cascades,  owned 
by  Bradford  &  Co.,  built  in  1853.     In  1858  J.  0.  Van  Bergen  purchased  the 
right  of  way  on  the  south  side  of  the  Cascades,  and  began  a  tramway,  like 
that  on  the  north  side,  but  used  in  connection  with  his  steamers.     Subse- 


STEAMERS  ON  THE  COLUMBIA.  481 

The  Dalles  for  the  country  beyond.  Walla  Walla 
Lad  grown  to  be  a  thriving  town  and  an  outfitting 
station  for  miners,  where  horses,  cattle,  saddles,  har- 

quently  J.  S.  Ruckle  and  Henry  Olmstead  purchased  it  to  complete  their 
line  to  The  Dalles.  At  this  stage  of  progress  a  company  was  formed  by 
Ainsworth,  Ruckle,  and  Bradford  &  Co.,  their  common  property  being  the 
Carrie  A.  Ladd,  Sefwrlta,  Belle,  Mountain  Buck,  another  small  steamer  run 
ning  to  The  Dalles,  and  five  miles  of  horse-railroad  on  the  north  side  of  the 
river.  The  company  styled  itself  the  Union  Transportation  Company,  and 
soon  purchased  the  Independence  and  Wasco,  owned  by  Alexander  Ankeny, 
and  the  James  P.  Flint  and  Fashion,  owned  by  J.  0.  Van  Bergen. 

As  there  was  no  law  in  Oregon  at  this  time  under  which  corporations 
could  be  established,  the  above-named  company  obtained  from  the  legislature 
of  Washington  an  act  incorporating  it  under  the  name  of  the  Oregon  Steam 
Navigation  Company.  When  the  Oregon  legislature  passed  a  general  incor 
poration  act  granting  the  same  privileges  enjoyed  under  the  Washington  law, 
the  company  was  incorporated  under  it,  and  paid  taxes  in  Oregon.  In  1861 
the  railroad  portage  on  the  south  side  of  the  Cascades  was  completed,  and  the 
following  year  the  0.  S.  N.  Co.  purchased  it,  laying  down  iron  rails  and  put 
ting  on  a  locomotive  built  at  the  Vulcan  foundery  of  S.  F.  The  first  train 
run  over  the  road  was  on  April  20,  1863,  and  the  same  day  the  railroad  port 
age  from  The  Dalles  to  Celilo  was  opened.  Meantime  the  O.  S.  N.  Co. 
had  consolidated  with  Thompson  and  Coe  above  The  Dalles  in  1861,  and  now 
became  a  powerful  monopoly,  controlling  the  navigation  of  the  Columbia 
above  the  Willamette.  Their  charges  for  passage  and  freight  were  always 
as  high  as  they  would  stand,  this  being  the  principle  on  which  charges  were 
regulated,  rather  than  the  cost  of  transportation. 

In  1863  the  People's  Transportation  Company  built  the  E.  D.  Baker  to 
run  to  the  Cascades;  another,  the  7m,  between  the  Cascades  and  The  Dalles; 
and  a  third,  the  Cayuse,  above  The  Dalles.  They  lost  the  contract  for  carry 
ing  the  government  freight,  and  the  0.  S.  N.  Co.  so  reduced  their  rates  as  to 
leave  the  opposition  small  profits  in  competition.  A  compromise  was  effected 
by  purchasing  the  property  of  the  people's  line  above  the  Cascades,  paying 
for  the  (.'ay  use  and  Iris  in  three  boats  running  between  Portland  and  Oregon 
City,  and  $10,000;  the  0.  S.  N.  Co.  to  have  the  exclusive  navigation  of  the 
Columbia  and  the  people's  line  to  confine  their  business  to  the  Willamette, 
above  Portland.  In  1865  all  the  boats  on  the  lower  Columbia  were  purchased. 
In  1879  the  O.  S.  N.  Co.  sold  its  interests,  which  had  greatly  multiplied  and 
increased,  to  the  Oregon  Railway  and  Navigation  Company,  a  corporation 
which  included  river,  ocean,  and  railroad  transportation,  and  which  repre 
sented  many  millions  of  capital.  Ainsworth  formerly  commanded  a  Missis 
sippi  River  steamboat.  Ruckle  came  to  Oregon  in  1855,  and  became  captain 
of  Van  Bergen's  boat,  the  Fashion.  Then  he  built  a  boat  for  himself,  the 
Mountain  Buck,  and  then  the  railroad  portage.  He  was  a  successful  projector, 
and  made  money  in  various  ways.  In  1864-5  he  assisted  George  Thomas  and 
others  to  construct  a  stage  road  over  the  Blue  Mountains;  and  also  engaged 
in  quartz  mining,  developing  the  famous  Rockfellow  lode  between  Powder 
and  Burnt  rivers,  which  was  later  the  Virtue  mine.  S.  G.  Reed  came  from 
Massachusetts  to  Oregon  about  1851.  He  was  keeping  a  small  store  at  Rai 
nier  in  1853,  but  soon  removed  to  Portland,  where  he  became  a  member  of 
the  O.  S.  N.  Co.  in  a  few  years.  He  has  given  much  attention  to  the  raisi 
ing  of  fine-blooded  stock  on  his  farm  in  Washington  county.  Parker's  Puget 
Sound,  MS.,  1;  Dalles  Inland  Empire,  Dec.  28,  1878.  John  H.  Wolf  com 
manded  The  Cascades;  John  Babbage  the  Julia  and  the  Emma  Hayward; 
J.  McNulty  the  Hassaloe  and  Mountain  Queen.  Thomas  J.  Stump  could  run 
The  Dalles  and  the  Cascades  at  a  certain  stage  of  water  with  a  steamboat. 
Other  steamboat  men  were  Samuel  D.  Holmes,  Sebastian  Miller.  Leonard 
HIST.  OB.,  VOL.  II.  31 


482  WAR  AND  DEVELOPMENT. 

ness,  clothing,  and  provisions  were  required  in  large 
quantities  and  sold  at  high  prices.  Lewiston  had 
also  sprung  up  at  the  junction  of  the  Clearwater  and 
Snake  rivers,  besides  several  mining  towns  in  the  gold- 
fields  to  the  east.  Nor  were  mining  and  cattle-rais 
ing  the  only  industries  to  which  eastern  Oregon  and 
Washington  proved  to  be  adapted.  Contrary  to  the 
generally  received  notion  of  the  nature  of  the  soil  of 
these  grassy  plains,  the  ground,  wherever  it  was  culti 
vated,  raised  abundant  crops,  and  agriculture  became 
at  once  a  prominent  and  remunerative  occupation  of 
the  settlers,  who  found  in  the  mines  a  ready  market. 
But  down  to  the  close  of  1861,  when  the  John  Day 
and  Powder  River  mines  were  discovered,  the  bene 
fits  of  the  great  improvements  which  I  have  men 
tioned  had  accrued  chiefly  to  Washington,  although 
founded  with  the  money  of  Oregonians,  a  state  of 
things  which  did  not  fail  to  call  forth  invidious  com 
ment  by  the  press  of  Oregon.  But  now  it  was  anti 
cipated  that  the  state  was  to  reap  a  golden  harvest 
from  her  own  soil,  and  preparations  were  made  in 
every  part  of  the  Pacific  coast  for  a  grand  movement 
in  the  spring  toward  the  new  land  of  promise. 

Before  the  vivid  anticipations  of  the  gold-hunters 
could  be  realized  a  new  form  of  calamity  had  come. 

White,  W.  P.  Gray,  Ephraim  Baugliman  of  the  E.  D.  Baker  and  later  of 
the  0.  S.  N.  Co.'s  boats  above  The  Dalles;  Josiah  Myrick  of  the  Wilson  G. 
Hunt  and  other  boats;  James  Strang  of  the  Rescue  and  Wenat;  Joseph  Kel 
logg  of  the  Rescue  and  the  Kellogg;  William  Smith  of  the  Wenat;  William 
Turnbull  of  the  Fannie  Troup;  Eichard  Hobson  of  the  Josie  McNear;  James 
M.  Oilman  and  Sherwood  of  the  Annie  Stewart;  Gray,  Felton,  and  Holman, 
\vhose  names  are  associated  with  the  ante-railroad  days  of  transportation  in 
Oregon.  See  McCrackerfs  Early  Steamboating,  MS. ;  Deady's  Hist.  Or. ,  MS. ; 
Deady's  Scrap-book;  Or.  Argus,  Feb.  22,  1862;  Portland  Oregonian,  Dec.  20, 
1864,  and  July  31,  1865;  Or.  Statesman,  April  7,  1862;  Olympia  Pioneer  and 
Democrat,  Sept.  10,  1858;  Olympia  Herald,  Sept.  10,  1858;  Land  Off.  Rept, 
1867,  69;  U.  S.  Sec.  War  Rept,  ii.  509-11,  40th  cong.  2d  sess.;  Cong.  Globe, 
1865-6,  pt  v.  ap.  317,  39th  cong.  1st  sess.;  Or.  City  Enterprise,  Dec.  29,  I860; 
Dalles  Mountaineer,  Jan.  19,  1866;  Rusling's  Across  America,  231,  250;  S.  F. 
Bulletin,  July  20,  1858;  8.  F.  Alta,  March  4,  1862;  Or.  Laws,  1860,  ap.  2; 
Census,  8th,  331;  Ford's  Road-makers,  MS.,  31;  Or.  Reports,  iii.  169-70;  Mo 
Cormictts  Portland  Directory,  1872,  30-1;  Or.  Deutsch  Zcitung,  June  21,  1879; 
Portland  Standard,  July  4,  1879;  Astorian,  July  11,  1879;  Portland  Ore 
gonian,  April  20  and  June  15,  1878;  Richardson's  Mississ.,  401;  Owen's  Di- 
•  rectory,  1865,  141;  Bowies'  Northwest,  482-3. 


A  DISASTROUS  FLOOD.  4,83 

Toward  the  last  of  November  a  deluge  of  rain  began, 
which,  being  protracted  for  several  days,  inundated 
all  the  valleys  west  of  the  Sierra  Nevada  and  Cascade 
ranges,  from  southern  California  to  northern  Wash 
ington,  destroying  the  accumulations  of  years  of  indus 
try.  No  flood  approaching  it  in  volume  had  been 
witnessed  since  the  winter  of  1844.  All  over  the 
Willamette  the  countrv  was  covered  with  the  wreck 
age  of  houses,  barns,  bridges,  and  fencing;  while  cattle, 
small  stock,  storehouses  of  grain,  mills,  and  other 
property  were  washed  away.  A  number  of  lives 
were  lost,  and  many  imperilled.  In  the  streets  of 
Salem  the  river  ran  in  a  current  four  feet  deep  for  a 
quarter  of  a  mile  in  breadth.  At  Oregon  City  all  the 
mills,  the  breakwater,  and  hoisting  works  of  the  Mill 
ing  and  Transportation  Company,  the  foundery,  the 
Oregon  Hotel,  and  many  more  structures  were 
destroyed  and  carried  away.  Linn  City  was  swept 
clean  of  buildings,  and  Canemah  laid  waste.  Cham- 
poeg  had  no  houses  left;  and  so  on  up  the  river,  every 
where.32  The  Umpqua  River  rose  until  it  carried 
away  the  whole  of  lower  Scottsburg,  with  all  the  mills 
and  improvements  on  the  main  river,  and  the  rains 
destroyed  the  military  road  on  which  had  been 
expended  fifty  thousand  dollars.33  The  weather  con 
tinued  stormy,  and  toward  christmas  the  rain  turned 
to  snow,  the  cold  being  unusual.  On  the  13th  of 
January  there  had  been  no  overland  mail  from  Cali 
fornia  for  more  than  six  weeks,  the  Columbia  was 
blocked  with  ice,  which  came  down  from  its  upper 
branches,  and  no  steamers  could  reach  Portland  from 
the  ocean,  while  there  was  no  communication  by  land 
or  water  with  eastern  Oregon  and  Washington;  which 
state  of  things  lasted  until  the  20th,  when  the  ice  in 
the  Willamette  and  elsewhere  began  breaking  up,  and 
the  cold  relaxed. 

82  In  the  following  summer  the  first  saw-mill  was  erected  at  Gardiner. 
33  Or.  Statesman,  Dec.  9  and  16,   1861.     The  rain-fall  from  October  to 
March  was  71.60  inches.  Id.,  May  19,  1862. 


484  WAR  AND  DEVELOPMENT. 

Such  a  season  as  this  coming  upon  miners  and 
travellers  in  the  sparsely  settled  upper  country  was 
sure  to  occasion  disaster.  It  strewed  the  plains  with 
dead  men,  whose  remains  were  washed  down  by  the 
next  summer's  flood,  and  destroyed  as  many  as  twenty- 
live  thousand  cattle.  A  herder  on  the  Tucannon 
froze  to  death  with  all  the  animals  in  his  charge. 
Travellers  lay  down  by  the  wayside  and  slept  the 
sleep  that  is  dreamless.  A  sad  tale  is  told  of  the  pio 
neers  of  the  John  Day  mines,  who  were  wintering  at 
the  base  of  the  Blue  mountains  to  be  ready  for  the 
opening  of  spring,  many  of  whom  were  murdered  and 
their  bodies  eaten  by  the  Snakes.34 

The  flood  and  cold  of  winter  were  followed  in  May 
by  another  flood,  caused  by  the  rapid  melting  of  the 
large  body  of  snow  in  the  upper  country.  The  water 
rose  at  The  Dalles  several  feet  over  the  principal 
streets,  and  the  back-water  from  the  Columbia  over 
flowed  the  lower  portion  of  Portland.  On  the  14th 
of  June  the  river  was  twenty-eight  feet  above  low- 
water  mark.  The  damages  sustained  along  the  Co 
lumbia  were  estimated  at  more  than  a  hundred  thou 
sand  dollars,  although  the  Columbia  Valley  was  almost 
in  its  wild  state.  Added  to  the  losses  of  the  winter, 
the  whole  country  had  sustained  great  injury.  On 
the  other  hand,  there  was  a  prospect  of  rapidly  re 
covering  from  the  natural  depression.  The  John  Day 
mines  were  said  by  old  California  miners  to  be  the 
richest  yet  discovered.  This  does  not  seem  to  have 
proved  true  as  compared  with  Salmon  River;  but 
they  were  undoubtedly  rich.  By  the  1st  of  July 
there  were  nearly  a  thousand  persons  mining  and 
trading  on  the  head  waters  of  this  river.  New  discov 
eries  were  made  on  Granite  Creek,  the  north  branch 
of  the  North  Fork  of  John  Day,  later  in  the  season, 

34  Of  the  perilous  and  fatal  adventures  of  a  party  of  express  messengers 
and  travellers  in  this  region,  John  D.  James,  J.  E.  Jagger,  Moody,  Gay,  Niles, 
Jeffries,  Wilson,  Bolton,  and  others,  also  of  a  party  bound  for  the  John  Day 
River  mines,  full  details  are  given  in  Califomki  Inter  Pocula,  this  series. 


JOHN  DAY  AND  POWDER  RIVER.  485 

which  yielded  from  twenty  to  fifty  dollars  a  day.  Nor 
were  the  mines  the  sole  attraction  of  this  region :  the 
country  itself  was  e.igerly  seized  upon;  almost  every 
quarter-section  of  land  along  the  streams  was  claimed 
and  had  a  cabin  erected  upon  it,35  with  every  prepara 
tion  for  a  permanent  residence. 

About  a  dozen  men  wintered  in  the  Powder  River 
Valley,  not  suffering  cold  or  annoyed  by  Indians. 
This  valley  was  found  to  contain  a  large  amount  of 
fertile  land  capable  of  sustaining  a  large  population. 
It  was  bounded  by  a  high  range  of  granite  mountains, 
rising  precipitously  from  the  western  edge  of  the 
basin,  while  on  the  north  and  south  it  was  shut  in 
by  high  rolling  hills  covered  with  nutritious  grass. 
To  the  east  rose  a  lower  range  of  the  same  rolling 
hills,  beyond  which  towered  another  granite  ridge 
similar  to  that  on  the  west.  The  river  received  its 
numerous  tributaries,  rising  in  the  south  and  west, 
and  united  them  in  one  on  the  north-east  side  of 
the  valley,  thus  furnishing  an  abundance  of  water 
courses  throughout. 

In  this  charming  locality,  where  a  little  handful  of 
miners  hibernated  for  several  months,  cut  off  from  all 
the  world,  in  less  than  four  months  after  the  snow 
blockade  was  raised  a  thriving  town  had  sprung  up 
and  a  new  county  was  organized,  a  hundred  votes 
being  cast  at  the  June  election,  and  the  returns 
being  made  to  the  secretary  of  state  as  "the  vote 
of  Baker  county."  M  The  Grand  Rond  Valley  had 
always  been  the  admiration  of  travellers.  A  por- 

85  Ebey's  Journal,  MS.,  viii.  237-8. 

36  'They  assumed  to  organize,'  said  the  Statesman  of  June  23,  1862,  'and 
named  the  precincts  Union  and  Auburn,  and  elected  officers.  One  precinct 
made  returns  properly  from  Wasco  county.'  The  legislative  assembly  in  the 
following  September  organized  the  county  of  Baker  legally  by  act.  Sydney 
Abell  was  the  first  justice  of  the  peace.  He  died  in  May  1863,  being  over 
50  years  of  age.  He  was  formerly  from  Springfield,  111.,  but  more  recently 
from  Marysville,  Cal.  Portland  Oregonian,  May  28,  1863.  At  the  first  mu 
nicipal  election  of  Auburn  Jacob  Norcross  was  elected  mayor;  0.  M.  Howe 
recorder;  J.  J.  Dooley  treasurer;  A.  C.  Lowring,  D.  A.  Johnson,  J  .  Loveil, 
D.  M.  Belknap,  J.  R.  Totman,  aldermen.  Or.  Statesman,  Nov.  17,  1862. 
Umatilla  county  was  also  established  in  1862. 


486  WAR  AND  DEVELOPMENT. 

tion  of  the  immigration  of  1843  had  desired  to  settle 
here,  but  was  prevented  by  its  distance  from  a 
base  of  supplies.  Every  subsequent  immigration 
had  looked  upon  it  with  envying  eyes,  but  had 
been  deterred  by  various  circumstances  from  set 
tling  in  it.  It  was  the  discovery  of  gold,  after  all, 
which  made  it  practicable  to  inhabit  it.  In  the  win 
ter  of  1861-2  a  mill  site  had  been  selected,  and  there 
were  five  log  houses  erected  all  at  one  point  for 
greater  security  from  the  incursions  of  the  Snake 
Indians,  and  the  embryo  city  was  called  La  Grande. 
It  had  at  this  date  twenty  inhabitants,  ten  of  whom 
were  men.  It  grew  rapidly  for  three  or  four  years, 
being  incorported  in  1864,37  and  after  the  first  flush  of 
the  mining  fever,  settled  down  to  steady  if  slow  ad 
vancement. 

The  pioneers  of  Grand  Rond  suffered  none  of  those 
hardships  from  severe  weather  experienced  in  the  John 
Day  region  or  at  Walla  Walla.  Only  eighteen  inches 
of  snow  fell  in  January,  which  disappeared  in  a  few 
days,  leaving  the  meadows  green  for  their  cattle  to 
graze  on.  La  Grande  had  another  advantage:  10  was 
on  the  immigrant  road,  which  gave  it  communication 
with  the  Columbia.  Another  road  was  being  opened 
eastward  fifty  miles  to  the  Snake  River,  on  a  direct 
course  to  the  Salmon  River  mines;  and  a  road  was 
also  opened  in  the  previous  November  from  the  west 
ern  foot  of  the  Blue  Mountains  to  the  Grande  Ronde 
Valley,  which  was  to  be  extended  to  the  Powder 
River  Valley.38 

37  Owens'  Directory,  1865,  140;   Or.  Jour.  House,  1864,  83.     The  French 
voyageurs  sometimes  called  the  Grand  Rond,  La  Grande  Vallee,  and  the 
American  settlers  subsequently  adopted  the  adjective  as  a  name  for  their 
town,  instead  of  the  longer  phrase  Ville  de  la  Grande  Vallee,  which  was 
meant. 

38  The  last  road  mentioned  was  one  stipulated  for  in  the  treaty  of  1855 
with  the  Cayuse  and  Umatilla  Indians,  which  should  be  'located  and  opened 
from  Powder  River  or  Grand  Rond  to  the  western  base  of  the  Blue  Moun 
tains,  south  of  the  southern  limits  of  the  reservations.'     The  explorations 
were  made  under  the  direction  of  H.  G.  Thornton,  by  order  of  Wm  H.  Rector. 
The  distance  by  this  road  from  the   base  to  the  summit  is  sixteen  miles; 
from  the  summit  to  Grand  Rond  River,  eighteen  miles;  and  down  the  river 
to  the  old  emigrant  road,  twelve  miles.     It  first  touched  the  Grand  Roiid 


THE  GRAND  RONDE. 


487 


Such  was  the  magical  growth  of  a  country  four 
hundred  miles  from  the  seaboard,  and  but  recently 
opened  to  settlement.  In  twenty  years  it  had  be 
come  a  rich  and  populous  agricultural  region,  holding 
its  mining  resources  as  secondary  to  the  cultivation 
of  the  soil. 

River  about  midway  between  Grand  Rond  and  Powder  River  valley,  and 
turned  south  to  the  latter  from  this  point.  Ind.  Aff.  Repty  1861,  154;  Port- 
laud  Oregunian,  Feb.  6,  18H2. 


CHAPTER  XX. 

MILITARY  ORGANIZATION  AND  OPERATIONS. 
1861-1865. 

APPROPRIATION  ASKED  FOR — GENERAL  WRIGHT — Six  COMPANIES  RAISED — 
ATTITUDE  TOWARD  SECESSIONISTS— FIRST  OREGON  CAVALRY — EXPE 
DITIONS  OF  MAURY,  DRAKE,  AND  CURRY — FORT  BOISE  ESTABLISHED — 
RECONNOISSANCE  OF  DREW — TREATY  WITH  THE  KLAMATHS  AND  MO- 
DOCS — ACTION  OF  THE  LEGISLATURE — FIRST  INFANTRY  OREGON  VOL 
UNTEERS. 

SOMETIME  during  the  autumn  or  winter  of  1860  the 
military  department  of  Oregon  was  merged  in  that 
of  the  Pacific,  Brigadier-general  E.  V.  Suinner  com 
manding;  Colonel  Wright  retaining  his  position  of 
commander  of  the  district  of  Oregon  and  Washington. 
The  regular  force  in  the  country  being  much  reduced 
by  the  drafts  made  upon  it  to  increase  the  army  in 
the  east,1  Wright  apologized  for  the  abandoment  of 
the  country  by  troops  at  a  time  when  Indian  wars 
and  disunion  intrigue  made  them  seem  indispensable, 
but  declared  that  every  minor  consideration  must  give 
way  to  the  preservation  of  the  union.2 

Fearing  lest  the  emigrant  route  might  be  left  un 
protected,  a  call  was  made  by  the  people  of  Walla 

1  There  were  only  about  700  men  and  19  commissioned  officers  left  in  the 
whole  of  Oregon  and  Washington  in  1S61.     The  garrisons  left  were  111  men 
under  Captain  H.  M.  Black  at  Vancouver;  116  men  under  Maj.  Lugenbeelat 
Colville;  127  men  under  Maj.  Steen  at  Walla  Walla;  41  men  under  Capt. 
Van  Voast  at  Cascades;  43  men  under  Capt.  F.  T.  Dent  at  Hoskins;  110  men 
at  the  two  posts  of  Steilacoom  and  Camp  Picket;  and  54  men  under  Lieut- 
colonel  Buchanan  at  The  Dalles.   U.  S.  Sen.  Doc.,  1,  vol.  ii.  32,  37th  cong. 
2d  sess.     Even  the  revenue  cutter  Jo  Lane  belonging  to  Astoria  was  ordered 
to  New  York.   Or.  Argus,  June  29,  1861. 

2  See  letter  in  Or.  Statesman,  July  1,  1861. 

(488) 


INDIAN  TROUBLES.  489 

Walla  Valley  to  form  a  company  to  guard  the  immi 
gration,  a  plan  which  was  abandoned  on  learning  that 
congress  had  made  an  appropriation  asked  for  by  the 
legislature  of  $50,000  for  the  purpose  of  furnishing 
an  escort.3 

Although  no  violent  outbreaks  occurred  in  1861, 
both  the  people  and  the  military  authorities  were  ap 
prehensive  that  the  Indians,  learning  that  civil  war 
existed,  and  seeing  that  the  soldiery  were  withdrawn, 
might  return  to  hostilities,  the  opportunities  offered 
by  the  numerous  small  parties  of  miners  travelling  to 
and  fro  heightening  the  temptation  and  the  danger.4 
Some  color  was  given  to  these  fears  by  the  conduct 
of  the  Indians  on  the  coast  reservation,  who,  finding 
Fort  Urnpqua  abandoned,  raised  an  insurrection,  took 
possession  of  the  storehouse  at  the  agency,  and  at 
tempted  to  return  to  their  former  country.  They 
were  however  prevented  carrying  out  their  scheme, 
only  the  leaders  escaping,  and  the  guard  at  Fort  Hos- 
kins  was  strengthened  by  a  small  detachment  from 
Fort  Yamhill.  Several  murders  having  been  commit 
ted  in  the  Modoc,  Pit  River,  and  Pah  Ute  country, 
a  company  of  forty  men  under  Lindsey  Applegate, 
who  had  been  appointed  special  Indian  agent,  went 
to  the  protection  of  travellers  through  ^that  region, 
and  none  too  soon  to  prevent  the  destruction  of  a  train 
of  immigrants  at  Bloody  Point,  where  they  were  found 
surrounded.5  On  the  appearance  of  Applegate's  com- 

3  Or.  Argus,  June  15,  1861;  Cong.  Globe,  1860-1,  pt  ii.  1213,  36th  cong.  2d 
sess.;  Id.,  1324-5;  Id.,  app.  3G2. 

4  On  the  Barlow  route  to  The  Dalles  the  Tyghe  Indians  from  the  Warm 
Spring  reservation  murdered  several  travellers  in  the  month  of  July.     Among 
the  killed  were  Jarvis  Briggs,  and  his  son  aged  28  years,  residents  of  Linn 
county,  and  pioneers  of  Oregon,  from  Terre  Haute,  Indiana.    Or.  Statesman, 
Aug.  26,  1861.     The  murderers  of  these  two  were  apprehended  and  hanged. 
The  Pit  River  Indians  and  Modocs  killed  Joseph  Bailey,  member  elect  to  the 
Oregon  legislature,  in  August,  while  driving  a  herd  of  800  cattle  to  the  Nevada 
mines.     Bailey  was  a  large  and  athletic  man,  and  fought  desperately  for  his 
life,  killing  several  Indians  after  he  was  wounded.     Samuel  Evans  and  John 
Sims  were  also  killed,  the  remainder  of  the  party  escaping.    Or.  Statesman, 

6W.  Aff.  'Kept,  1863,  59;  Portland  Oregonian,  Aug.  27,  1861;  0.  C. .  Ap- 
plegate's  Modoc  Hist.,  MS.,  17.  Present  at  this  ambush  were  some  of  the 
Modocs  celebrated  afterward  in  the  war  of  1872-3;  namely,  Sconchin,  Scar- 
face,  Black  Jim,  and  others. 


490  MILITARY  ORGANIZATION  AND  OPERATIONS. 

pany  the  Modocs  retreated,  and  no  farther  violence 
occurred  during  the  season.  In  anticipation  of  simi 
lar  occurrences,  Colonel  Wright  in  June  1861  made  a 
requisition  upon  Governor  Whiteaker  for  a  cavalry 
company.  It  was  proposed  that  the  company  be  en 
listed  for  three  years,  unless  sooner  discharged,  and 
mustered  into  the  service  of  the  United  States,  with 
the  pay  and  according  to  the  rules  and  regulations  of 
the  regular  army,  with  the  exception  that  the  com 
pany  should  furnish  its  own  horses,  for  which  they 
would  receive  compensation  for  use  or  loss  in  service. 
A.  P.  Dennison,  former  Indian  agent  at  The  Dalles, 
was  appointed  enrolling  officer;  but  the  suspicion 
which  attached  to  him,  as  well  as  to  the  governor,  of 
sympathy  with  the  rebellion,  hindered  the  success  of 
the  undertaking,  which  finally  was  ordered  discon 
tinued,6  and  the  enlisted  men  were  disbanded. 

In  the  mean  time  Wright  was  transferred  to  Cali 
fornia  to  take  the  command  of  troops  in  the  southern 
part  of  that  state,  for  the  suppression  of  rebellion, 
while  Lieutenant-colonel  Albemarle  Cady,  of  the  7th 
infantry,  was  assigned  to  the  command  of  the  district 
of  Oregon.  Soon  after,  Wright  was  made  brigadier- 
general,  and  placed  in  command  of  the  department  of 
the  Pacific.7  As  troops  were  withdrawn  from  the 

6  Or.  Statesman,  June  17  and  Oct.  21,  1861;  Or.  Jour.  House,  1862,  app. 
22-4. 

7  He  was  a  native  of  Vt,  graduated  from  West  Point  in  1822,  and  was  pro 
moted  to  the  rank  of  2d  lieut  in  the  3d  inf.  in  July,  and  to  the  rank  of  1st 
lieut  in  Sept.  of  the  same  year.     He  served  in  the  west,  principally  at  Jeffer 
son  Barracks,  Mo.,  and  in  Indian  campaigns  on  the  frontier,  until  1831,  when 
he  was  transferred  to  La,  with  the  3d  inf.,  occupying  the  position  of  adj.  to 
that  reg.  until  1836,  when  he  was  promoted  to  a  captaincy  in  the  8th  inf. 
He  served  through  the  Florida  war,  and  under  the  command  of  Gen.  Taylor, 
fought  at  Palo  Alto  and  Resaca  de  la  Palma  in  Mexico,  after  which  he  was 
transferred  to  Scott's  command.     He  received  three  brevets  for  gallant  ser 
vices  before  being  promoted  to  the  rank  of  maj.,  one  in  the  Florida  war,  one 
after  the  battles  of  Coutreras  and  Churubusco,  Mexico,  and  the  last,  that  of 
col,  after  the  battle  of  Molino  del  Rey.     Wright  came  to  the  Pacific  coast 
with  the  5th  inf.  in  1852,  holding  the  rank  of  maj.,  and  was  promoted  to  a 
colonelcy  Feb.  3,  1855,  and  the  following  month  was  appointed  to  command 
the  reg.  of  9th  inf.,  for  which  provision  had  just  been  made  by  congress.    He 
went  east,  raised  his  regiment,  and  returned  in  Jan.  1856,  when  he  was  or 
dered  to  Or.  and  Wash.     He  remained  in  that  military  district,  as  we  have 
seen,  until  the  summer  of  1861.     In  Sept.  he  was  ordered  to  S.  F.,  and  soon 
after  relieved  Gen.  Sumner  in  the  command  of  the  department  of  the  Pacific, 


ENLISTING  FOR  THE  WAR.  491 

several  posts  in  Oregon  and  Washington  he  replaced 
them  with  volunteer  companies  from  California.  On 
the  28th  of  October  350  volunteer  troops  arrived  at 
Vancouver  and  were  sent  to  garrison  forts  Yamhill 
and  Steilacoom.  On  the  20th  of  November  five  com 
panies  arrived  under  the  command  of  Major  Curtis 
two  of  which  were  despatched  to  Fort  Colville,  and 
two  to  Fort  Walla  Walla,  one  remaining  at  The 
Dalles.8 

The  attempt  to  enlist  men  through  the  state  authori 
ties  having  failed,  the  war  department  in  November 
made  Thomas  R  Cornelius  colonel,  and  directed  him 
to  raise  ten  companies  of  cavalry  for  the  service  of 
the    United   States  for  three  years;    this    regiment 
being,  as  it  was  supposed,  a  portion  of  the  500,000 
whose  enlistment  was  authorized  by  the  last  congress. 
K.   Jj.   Maury   was   commissioned  lieutenant-colonel 
>enjamm   F.    Harding   quartermaster,   C.  S.  Drew 
major,   and  J.  S.  Rinearson  junior  major.      Volun 
teers  for  themselves  and  horses  were  to  receive  thirty- 
one  dollars  a  month,  $100  bounty  at  the  expiration  of 
service,  and  a  land  warrant  of  160  acres.     Notwith 
standing  wages  on  farms  and  in  the  mines  were  hio-h, 
men  enlisted  in  the  hope  of  going  east  to  fight.9    Six 

being  appointed  brig.  -gen.  on  the  28th  Sept.     He  remained  in  command  till 


A.Rowell  and 
The  M-  Or.  Statesman, 


disc9im1nedJ'^i  ^y™'  'If!  was  thought  as  soon  as  we  should  become 
disciplined,  if  the  war  should  continue,  we  would  be  taken  east,  should  there 
be  no  war  on  this  coast.  For  my  own  part,  I  should  have  gone  to  the  army 
Ca±swerrrl  lv  V^T  Understa*ding'  '  ^torlcal  Correspondence^. 
fi,sTPpm  estaAbllShed  m.  J5ckson>  Ma™n,  and  Clackamas  counties.  The 
ist  company,  A,  was  raised  in  Jackson  county,  Capt  T  S  Harris  The 
second,  B,  m  Marion,  Capt.  E.  J.  Harding.  Company  C  'was  raised  at 
Vancouver  by  Capt.  William  Kelly.  D  company  was  Raised  in  Jackson 
county  by  Capt.  S.  Truax;  company  E  by  CaptP  George  B  Curry  in  Wasco 
county;  and  company  F,  of  the  southern  battalion,  by  Capt  Vmiam  J 
Matthews  principally  in  Josephine  county.  Captains  D.  P?  Thompson  of 
Oregon  City,  and  fiemick  Cowles,  of  Umcqua  county,  also  raised  companies 


492  MILITARY  ORGANIZATION  AND  OPERATIONS. 

companies  being  fully  organized,  the  regiment  was 
ordered  to  Vancouver  about  the  last  of  May  1862, 
where  it  was  clothed  with  United  States  uniforms, 
and  armed  with  old-fashioned  muzzle-loading  rifles, 
pistols,  and  sabres;  after  which  it  proceeded  to  The 
Dalles. 

On  the  3d  of  June,  Colonel  Cornelius  arrived  at 
Fort  Walla  Walla  with  companies  B  and  E,  and  took 
command  of  that  post.  About  two  weeks  later  the 
three  southern  companies  followed,  making  a  force  of 
600.  The  necessity  for  some  military  force  at  home 
was  not  altogether  unfelt.  The  early  reverses  of  the 
federal  army  gave  encouragement  to  secession  on  the 
Pacific  coast.  General  Wright,  on  the  30th  of  April, 
1862,  issued  an  order  confiscating  the  property  of 
rebels  within  the  limits  of  his  department,  and  mak 
ing  sales  or  transfers  of  land  by  such  persons  illegal.10 
Government  officers  refused  to  purchase  forage  or 
provisions  from  disloyal  firms;  and  disloyal  newspa 
pers  were  excluded  from  the  mails.11 

or  parts  of  companies.  Brown's  Autobiography,  MS.,  47;  Letter  of  Lieut  Way- 
mire,  in  Historical  Correspondence,  MS.;  RhineharCs  Oregon  Cavalry,  MS., 
1-2. 

10  A  circular  was  issued  from  the  land  office  at  Washington  confining  grants 
of  land  to  persons  'loyal  to  the  United  States,  and  to  such  only;'  and  requir 
ing  all  surveyors  and  preemptors  to  take  the  oath  of  allegiance.    Or.   Argus, 
March  8,  1862;  Or.  Statesman,  March  3,  1862. 

11  The  Albany  Democrat  was  excluded  from  the  mails;  also  the  Southern 
Oregon  Gazette,  the  Eugene  Democratic  Register,  and  next  the  Albany  Inquirer, 
followed  by  the  Portland  Advertiser,  published  by  S.  J.  McCormick,  and  the 
Corvalli*  Union,  conducted  by  Patrick  J.  Malone.     W.  G.  T' Vault  started  a 
secession  journal  at  Jacksonville  in  November  1862,  called  the  Oregon  Intelli 
gencer.     The  Albany  Democrat  resumed  publication  by  permission,  under  the 
charge  of  James  O'Meara  in  the  early  part  of  February  18(53.     In  May 
O'Meara  revived  the  Eugene,  Register,  under  the  name  of  Democratic  Review. 
The  Democratic  State  Journal  at  The  Dalles  was  sold  in  1863  to  W.  W.  Ban 
croft,  and  changed  to  a  union  paper,  in  Idaho.     Union  journals  were  started 
about  this  time;  among  them  The  State  Republican,  at  Eugene  City,  was  first 
published  by  Shaw  &  Davis  on  the  materials  of  the  People's  Press,  in  Jan 
uary  1862,  edited  by  J.  M.  Gale,  and  the   Union  Crusader  at  the  same  place, 
by  A.   C.  Edmonds,  in  October,  changed  in  a  month  to  The,  Herald  of  Re 
form.     The  first  daily  published  in  Oregon  was  the  Portland  News,  April  18, 

1839;  S.  A.  English  &  Co.  The  Portland  Daily  Times  was  first  issued  Dec. 
19,  1860,  and  the  Portland  Daily  Oregonian,  Feb.  4,  1861.  The  first  news- 


Weekly 
Portland  Times,  and  the  following  year  a  democratic  journal,  the  Columbia, 


FIRST  OREGON  CAVALRY. 

The  1st  Oregon  cavalry  remained  at  Walla  Walla 
with  little  or  nothing  to  do  until  the  28th  of  July. 
In  the  mean  time  Cornelius  resigned,  and  Colonel 
Steinberger  of  the  Washington  regiment  took  com 
mand.12  It  had  been  designed  that  a  portion  of  the 
Oregon  regiment  should  make  an  expedition  to  meet 
and  escort  the  immigration,  and  if  possible  to  Arrest 
arid  punish  the  murderers  of  the  immigrants  ^in  the 
autumn  of  1860.  General  Alvord  ordered  Lieuten 
ant-colonel  Maury,  with  the  companies  of  Harris, 
Harding,  and  Truax,  to  proceed  upon  the  errand.* 

The  history  of  the  1st  Oregon  cavalry  from  1862 
to  1865  is  the  history  of  Indian  raids  upon  the  min 
ing  and  new  farming  settlements,  and  of  scouting  and 
fighting  by  the  several  companies.  Like  the  volun 
teers  of  southern  Oregon,  they  were  called  upon  to 
guard  roads,  escort  trains,  pursue  robber  bands  to  their 
strongholds,  avenge  murders,14  and  to  make  explora 
tions  of  the  country,  much  of  which  was  still  un 
known. 

In  January  1863  a  call  was  made  for  six  companies 
of  volunteers  to  fill  up  the  1st  regiment  of  Oregon 
cavalry,  notwithstanding  a  very  thorough  militia  or 
ganization  had  been  effected  under  the  militia  law  of 
1862,  which  gave  the  governor  great  discretionary 
power  and  placed  several  regiments  at  his  disposal. 
The  work  of  recruiting  progressed  slowly,  the  dis- 

Press,  by  J.  C.  Dow  and  T.  W.  Avery.  Neither  continued  long.  Other 
ephemeral  publications  appeared  at  Salem,  Portland,  and  elsewhere.  In 
1865  Oregon  had  well  established  9  weekly  and  3  daily  journals.  ^ 

12  Colonel  Justin  Steinberger  was  of  Pierce  county,  Washington  Territory. 
He  raised  4  companies  of  his  regiment  in  California,  and  arrived  with  them 
at  Vancouver  on  the  4th  of  May,  relieving  Colonel  Cady  of  the  command  of 
the  district.  In  July  Brigadier-general  Alvord  arrived  at  Vancouver  to  take 


the  district.  In  July  Brigadier-general  Alvorcl  arrived  at  v  ancouver  TO  i«iK« 
command  of  the  district  of  Oregon,  and  Steinberger  repaired  to  Walla  Walla. 
Olympia  Herald,  Jan.  28,  March  20,  April  17,  1862;  Olympia  Standard, 
Aug  9,  1862;  Or.  Statesman,  June  30,  1862. 

1*  The  immigration  of  1862  has  been  placed  by  some  writers  as  high  as 
30  000  and  probably  reached  26,000.  Of  these  10,000  went  to  Oregon,  8,000 
to  Utah,  8,000  to  California.  Olympia  Standard,  Oct.  11  and  25,  1862.  The 
greater  portion  of  the  so-called  Oregon  immigration  settled  in  the  mining 
region  east  of  the  Snake  River  and  in  the  valleys  of  Grande  Eonde,  Powder 
Elver,  John  Day,  and  Walla  Walla. 

14  The  fate  of  many  small  parties  must  forever  remain  unknown. 


404  MILITARY  ORGANIZATION  AND  OPERATIONS. 

engaged  men  of  the  state  who  had  not  enlisted  being 
absent  in  the  mines.  One  company  only  was  raised 
during  the  summer,  and  it  began  to  be  feared  that  a 
draft  would  be  resorted  to,  Provost  Marshal  J.  M. 
Keeler  having  been  sent  to  Oregon  to  make  an  en 
rolment. 

The  situation  of  Oregon  at  this  time  was  peculiar, 
and  not  without  danger.  The  sympathy  of  England 
and  France  with  the  cause  of  the  states  in  rebellion, 
the  unsettled  question  of  the  north-western  portion  of 
the  United  States  boundary,  known  as  the  San  Juan 
question,  the  action  of  the  French  government  in 
setting  up  an  empire  in  Mexico,  taken  together  with 
the  fact  that  no  forts  or  defences  existed  on  the  coast  of 
Oregon  and  Washington,  that  there  was  a  constantly 
increasing  element  of  disloyalty  upon  the  eastern  and 
southern  borders,  as  well  as  in  its  midst,  which  might 
at  any  time  combine  with  a  foreign  power  or  with  the 
Indians — all  contributed  to  a  feeling  of  uneasiness. 

Oregon  had  not  raised  her  share  of  troops  for  the 
service  of  the  United  States,  and  had  but  seven 
companies  in  the  field,  while  California  had  nearly 
nine  regiments.  California  had  volunteers  in  every 
part  of  the  Pacific  States,  even  in  the  Willamette 
Valley.  Troops  were  needed  to  serve  on  Oregon  soil, 
and  to  protect  the  Oregon  frontier.  A  post  was 
needed  at  Boise*  to  protect  the  immigration,  and  an 
expedition  against  the  Snakes  was  required.  Every 
thing  was  done  to  stimulate  a  military  spirit.  By  the 
militia  law,  the  governor,  adjutant-general,  and  sec 
retary  of  state  constituted  a  board  of  military  audit 
ors  to  audit  all  reasonable  expenses  incurred  by  vol 
unteer  companies  in  the  service  of  the  state.  This 
board  publicly  offered  premiums  for  perfection  in 
drill,  the  test  to  be  made  at  the  time  of  holding  the 
state  fair  at  Salem. 

The  war  department  had  at  length  consented  to 
allow  posts  to  be  established  at  Boise*,  and  at  some 


NEW  GOVERNMENT  POSTS.  495 

point  between  the  Klamath  and  Goose  Lakes,  near 
the  southern  immigrant  road;  and  in  the  spring  of 
1863  Major  Drew,  who  in  May  was  promoted  to  the 
rank  of  lieutenant-colonel  of  the  1st  Oregon  cavalry, 
sent  Captain  Kelly  with  company  C  to  construct  and 
garrison  Fort  Klamath.  The  remainder  of  the  regi 
ment  was  employed  in  the  Walla  Walla  and  Nez 
Perce  country  in  keeping  peace  between  the  white 
people  and  Indians,  and  in  pursuing  and  arresting 
highwaymen,  whiskey-sellers,  and  horse-thieves,  with 
which  the  whole  upper  country  was  infested  at  this 
period  of  its  history,  and  who  could  seldom  be  ar 
rested  without  the  assistance  of  the  cavalry,  whose 
horses  they  kept  worn  down  by  long  marches  to  re 
cover  both  private  and  government  property. 

On  the  13th  of  June  an  expedition  set  out,  whose 
object  was  to  find  and  punish  the  Snakes,  consisting 
of  companies  A,  D,  and  E,  with  a  train  of  150  pack- 
mules  under  Colonel  Maury  from  the  Lapwai  agency. 
Following  the  trail  to  the  Salmon^  River  mines,  they 
passed  over  a  rugged  country  to  Little  Salmon  River, 
and  thence  over  a  timbered  mountain  ridge  to  the 
head  waters  of  the  Payette.15  The  command  then 
proceeded  by  easy  marches  to  Boise  River  to  meet 
Major  Lugenbeel,  who  had  left  Walla  Walla  June 
10th  by  the  immigrant  road  to  establish  a  govern 
ment  post  on  that  river  near  the  line  of  travel.  ^  On 
July  1st,  the  day  before  Maury 's  arrival,  the  site  of 
the  fort  was  selected  about  forty  miles  above  the  old 
Hudson's  Bay  Company's  fort,  and  near  the  site  of 
the  present  Boise  City.13  While  at  the  encampment 

15  Or.  Argus,  July  27,  1863,  contains  a  good  description  of  this  country,  by 
J.  T.  Apperson,  lieutenant. 

16  The  immigration  of  1863  was  escorted,  as  that  of  the  previous  year  had 
been  by  a  volunteer  company  under  Captain  Medorum  Crawford   who  went 
east  to  organize  it,  congress  having  appropriated  $30,000  to  meet  the  expense; 
$10  000  of  which  was  for  the  protection  of  emigrants  by  the  Fort  Benton  and 
Mullan  wagon-road  route.  See  Cong.  Globe ,1862-3,  part  n.  app    182,  37th 
cong.  3d  SMB.;   letter  of  J.  R.  McBride,  in  Or.  Argus,  May  16,  1863.     Ihe 
immigration  was  much  less  than  in  the  previous  year,  only  about  400  wagons. 
Among  them  was  a  large  train  bound  for  the  town  ot  Aurora,  founded  by 


496  MILITARY  ORGANIZATION  AND  OPERATIONS. 

on  Salmon  Falls  Creek,  Curry  with  twenty  men 
made  an  expedition  across  the  barren  region  between 
Snake  River  and  the  Goose  Creek  Mountains,17  toward 
the  Owyhee,  through  a  country  never  before  explored. 
At  the  same  time  the  main  command  proceeded 
along  to  Bruneau  River,  on  which  stream,  after  a  sep 
aration  of  eleven  days,  it  was  rejoined  by  Curry,  who 
had  travelled  four  hundred  miles  over  a  rousrh  vol- 

O 

canic  region.18  After  an  expedition  by  Lieutenant 
Waymire19  up  Bruneau  River,  the  troops  returned 
to  Fort  Walla  Walla,  where  they  arrived  on  the  26th 
of  October. 

In  March  Maury  was  promoted  to  the  colonelcy 
of  the  regiment,  C.  S.  Drew  to  be  lieutenant-colo 
nel,  and  S.  Truax  to  be  major.  Rhinehart  was  made 
regimental  adjutant,  with  the  rank  of  captain,  and 
took  command  of  company  A,  Harris  having  re 
signed  at  the  close  of  the  Snake  River  expedition. 
Rinearson  was  stationed  at  Fort  Boisd  to  complete 
its  construction.  Lieutenants  Caldwell,  Drake,  and 
Small  were  promoted  to  the  rank  of  captain;  second 
lieutenants  Hopkins,  Hobart,  McCall,  Steele,  Hand, 
and  Underwood  to  the  rank  of  first  lieutenants.  Those 
who  had  been  promoted  from  the  ranks  were  Way- 
mire,  Pepoon,  Bowen,  and  James  L.  Curry. 

The  first  expedition  in  the  field  in  1864  was  one 
under  Lieutenant  Waymire  consisting  of  twenty-six 
men,  which  left  The  Dalles  on  the  1st  of  March,  en- 

Dr  Keil  in  Marion  county  several  years  before,  upon  the  community  system. 
Deadtfs  Hist,  Or.,  MS.,  78. 

17  The  reports  of  the  expedition  and  the  published  maps  do  not  agree. 
The  latter  place  the  Goose  Creek  Mountains  to  the  south-east.  Captain 
Curry,  however,  travelled  south-west  toward  a  chain  of  mountains  nearly 
parallel  with  the  range  mentioned,  which  on  the  map  is  not  distinguished 
by  a  name,  in  which  the  Bruneau  and  Owyhee  rivers  take  their  rise. 

18 Curry  says:  'With  the  exception  of  two  camps  made  near  the  summit 
of  Goose  Creek  Mountains,  the  remainder  were  made  in  fissures  in  the  earth 
so  deep  that  neither  the  pole  star  nor  the  7-pointers  could  be  seen.'  The 
whole  of  Curry's  report  of  this  expedition  is  interesting  and  well  written. 
See  Rept  of  Adjutant  Oe.n.  of  Or.,  1866,  28. 

19 Waymire,  in  Historical  Correspondence.  MS.:  S.  F.  Evening  Post,  Oct. 
28,  1882. 


WAYMIRE'S  EXPEDITION.  497 

camping  on  the  17th  on  the  south  fork  of  John  Day 
River,  thirty-three  miles  from  Canon  City.  This 
temporary  station  was  called  Camp  Lincoln.  From 
this  point  he  pursued  a  band  of  Indian  horse-thieves 
to  Harney  Lake  Valley,  where  he  found  before  him 
in  the  field  a  party  of  miners  under  C.  H.  Miller.20 
The  united  force  continued  the  search,  and  in  three 
days  came  upon  two  hundred  Indians,  whom  they 
fought,  killing  some,  but  achieving  no  signal  success. 
Early  in  June,  General  Alvord  made  a  requisition 
upon  Governor  Gibbs  for  a  company  of  forty  mounted 
men,  to  be  upon  the  same  footing  and  to  act  as  a  de 
tachment  of  the  1st  Oregon  cavalry,  for  the  purpose 
of  guarding  the  Canon  City  road.  The  proclama 
tion  was  made,  and  Nathan  Olney  of  The  Dalles  ap 
pointed  recruiting  officer,  with  the  rank  of  2d  lieuten 
ant.  The  term  of  service  required  was  only  four 
months,  or  until  the  cavalry  which  was  in  the  field 
should  have  returned  to  the  forts  in  the  neighborhood 
of  the  settlements  and  mines.  The  people  of  The 
Dalles,  whose  interests  suffered  by  the  frequent  raids 
of  the  Indians,  offered  to  make  up  a  bounty  in  addition 
to  the  pay  of  the  government.  The  company  was 
raised,  and  left  The  Dalles  July  19th,  to  patrol  the 
road  between  The  Dalles  and  the  company  of  Captain 
Caldwell,  which  performed  this  duty  on  the  south  fork 
of  John  Day  River. 

In  the  summer  of  1864  every  man  of  the  Oregon 
cavalry  was  in  the  field.  Immediately  after  Lieuten 
ant  Waymire's  expedition  a  larger  one,  consisting  of 
companies  D,  G,  and  part  of  B,  was  ordered  to 
Crooked  River,  there  to  establish  headquarters. 
With  them  went  twenty-five  scouts  from  the  Warm 
Spring  reservation,  under  Donald  McKay,  half- 
brother  of  W.  C.  McKay.  This  force  left  The  Dalles 
April  20th,  under  the  command  of  Captain  Drake, 

20  Joaquin  Miller,  author  subsequently  of  several  poetical  works,  stories, 
and  plays.  He  had  but  lately  been  editor  of  the  Democratic  Register  of  Eu 
gene  City,  which  was  suppressed  by  order  of  Col.  Wright  for  promulgating 
disloyal  sentiments. 

HIST.  OB.  VOL.  II.    32 


498  MILITARY  ORGANIZATION  AND  OPERATIONS. 

being  reenforced  at  Warm  Spring  by  Small's  com 
pany  from  Vancouver,  and  arriving  at  Steen's  old  camp 
May  17th,  where  a  depot  was  made,  and  the  place 
called  Camp  Maury.  It  was  situated  three  miles  from 
Crooked  River,  near  its  juncture  with  Des  Chutes,  in 
a  small  canon  heavily  timbered  with  pine,  and  abun 
dantly  watered  by  cold  mountain  springs.  The  scouts 
soon  discovered  a  camp  of  the  enemy  about  fourteen 
miles  to  the  east,  who  had  with  them  a  large  number 
of  horses.  Lieutenants  McCall  and  Watson,  with 
thirty-five  men  and  some  of  the  Indian  scouts,  set  out 
at  ten  o'clock  at  night  to  surround  and  surprise  the 
savages,  but  when  day  dawned  it  was  discovered  that 
they  were  strongly  intrenched  behind  the  rocks. 
McCall  directed  Watson  to  advance  on  the  front  with 
his  men,  while  he  and  McKay  attacked  on  both  flanks. 
Watson  executed  his  duty  promptly,  but  McCall,  be 
ing  detained  by  the  capture  of  a  herd  of  horses,  was 
diverted  from  the  main  attack.  On  hearing  Watson's 
fire  he  hastened  on,  but  finding  himself  in  the  range 
of  the  guns  had  to  make  a  detour,  which  lengthened 
the  delay.  In  the  mean  time  the  Indians  concentrated 
their  fire  on  those  who  first  attacked,  and  Watson  was 
shot  through  the  heart  while  cheering  on  his  men, 
two  of  whom  were  killed  beside  him,  and  five  others 
wounded.  The  Indians  made  their  escape.  On  the 
20th  of  May  Waymire,  who  had  relieved  Watson  at 
Warm  Spring,  was  ordered  to  join  Drake's  command, 
and  on  the  7th  of  June  all  the  companies  concentrating 
at  Camp  Maury  proceeded  to  Harney  Valley,  where 
it  was  intended  to  establish  a  depot,  but  finding  the 
water  in  the  lake  brackish  and  the  grass  poor,  the 
plan  was  abandoned.  Somewhere  in  this  region  Drake 
expected  to  meet  Curry,  who  with  A  and  E  compa 
nies,  ten  Cayuse  scouts  under  Umhowlitz,  and  Colo 
nel  Maury  had  left  Walla  Walla  on  the  28th  of  April, 
by  way  of  the  immigrant  road  for  Fort  Boise  and  the 
Owyhee,  but  two  weeks  elapsed  before  a  junction  was 
.made. 


CURRY'S  EXPEDITION.  499 

Curry's  expedition  on  reaching  old  Fort  Boise  was 
reenforced  by  Captain  Barry  of  the  1st  Washington 
infantry,  with  twenty-five  men.  A  temporary  depot 
was  established  eight  miles  up  the  Owyhee  River  and 
placed  in  charge  of  Barry.  The  cavalry  marched  up 
the  west  bank  of  the  river  to  the  mouth  of  a  tribu 
tary  called  Martin  Creek,  formed  by  the  union  of 
Jordan  and  Sucker  creeks,  near  which  was  the  cross 
ing  of  the  road  from  California  to  the  Owyhee  mines, 
beginning  to  be  much  travelled.21 

On  the  25th  of  May,  Curry  moved  west  from  the 
ferry  eight  miles,  and  established  a  camp  on  a  small 
stream  falling  into  the  Owyhee,  which  he  called  Gibbs 
Creek,  in  honor  of  Governor  Gibbs.  Here  he  began 
building  a  stone  bridge  and  fortifications,  which  he 
named  Camp  Henderson,  after  the  Oregon  congress 
man;  and  Rhinehart  was  ordered  to  bring  up  the  sup 
plies  left  with  Barry,  the  distance  being  about  one 
hundred  miles  between  the  points.  When  Rhinehart 
came  up  with  the  supply  train  he  found  Curry  ab 
sent  on  an  exploring  expedition.  Being  satisfied  from 
all  he  could  learn  that  he  was  not  yet  in  the  heart  of 
the  country  most  frequented  by  the  predatory  Ind 
ians,  where  he  desired  to  fix  his  encampment,  Curry 
made  an  exploration  of  a  very  difficult  country  to  the 
south-west.22 

On  this  expedition,  Alvord  Valley,  at  the  eastern 
base  of  Steen  Mountain,  was  discovered;23  and  being 
satisfied  that  hereabout  would  be  found  the  head- 

21  This  road  was  from  Lassen  Meadows  on  the  Humboldt,  via  Starr  City, 
and  Queen  River.     It  was  180  miles  from  the  Meadows  to  this  ferry,  and  65 
thence  to  Boonville  in  Idaho.  Portland  Oregonian,  June  25,  1864. 

22  The  report  of  this  exploration  is  interesting.     A  peculiar  feature  of  the 
scenery  was  the  frequent  mirage  over  dried-up  lakes.     '  While  on  this  smooth 
surface, '  he  says,  speaking  of  one  on  the  east  of  Steen  Mountain,  '  the  mirage 
made  our  little  party  play  an  amusing  pantomime.    Some  appeared  to  be  high 
in  the  air,  others  sliding  to  the  right  and  left  like  weavers'  shuttles.     Some 
of   them  appeared  spun  out  to  an  enormous  length,  and  the  next  group 
spindled  up:  thus  a  changeable,  movable  tableau  was  produced,  represent 
ing  everything  contortions  and  capricious  reflections  could  do.'    Report  of 
Captain  Curry,  in  Rept  Adjt  Gen.  Or.,  1866,  37-8. 

23  This  statement  should  be  qualified.     Waymire  discovered  the  valley, 
and  Curry  explored  it. 


500  MILITARY  ORGANIZATION  AND  OPERATIONS. 

quarters  of  a  considerable  portion  of  the  hostile  Ind 
ians,  Curry  determined  to  move  the  main  command 
to  this  point,  and  to  this  end  returned  toward  camp 
Henderson  by  another  route,  hardly  less  wearisome 
and  destitute  of  water  than  the  former  one.  The 
place  selected  for  a  permanent  camp  was  between  some 
rifle-pits  dug  in  the  spring  by  Waymire's  command 
and  the  place  where  he  fought  the  Indians,  on  a  small 
creek  coming  down  from  the  hills,  which  sank  about 
three  miles  from  the  base  of  the  mountains.  Earth 
works  were  thrown  up  in  the  form  of  a  star,  to  con 
stitute  a  fort  easily  defended.  Through  this  enclosure 
ran  a  stream  of  pure  water,  and  there  was  room  for 
the  stores  and  the  garrison,  the  little  post  being 
called  Camp  Alvord.  Here  were  left  Barry's  infan 
try  and  the  disabled  cavalry  horses  and  their  riders; 
and  on  the  22d  of  June  Curry  set  out  with  the  main 
cavalry  to  form  a  junction  with  Drake,  somewhere  in 
the  vicinity  of  Harney  Lake,  which  junction  was 
effected  on  the  1st  of  July  at  Drake's  camp  on  Rattle 
snake  Creek,  Harney  Valley. 

For  a  period  of  thirty  days  captains  Drake  and 
Curry  acted  in  conjunction,  scouting  the  country  in 
every  direction  where  there  seemed  any  prospect  of 
finding  Indians,  and  had  meantime  been  reenforced  by 
Lieutenant  Noble  with  forty  Warm  Spring  Indians, 
which  brought  the  force  in  the  field  up  to  about  four 
hundred.  Small  parties  were  kept  continually  mov 
ing  over  the  country,  along  the  base  of  the  Blue 
Mountains,  on  the  head  waters  of  the  John  Day,  and 
over  toward  Crooked  River,  as  well  as  southward 
toward  the  southern  immigrant  trail,  which  was  more 
especially  under  the  protection  of  Colonel  Drew. 
Mining  and  immigrant  parties  from  California  were 
frequently  fallen  in  with,  nearly  every  one  of  which 
had  suffered  loss  of  life  or  property,  or  both,  and 
wherever  it  was  possible  the  troops  pursued  the  Ind 
ians  with  about  the  same  success  that  the  house-dog 
pursues  the  limber  and  burrowing  fox.  Few  skir- 


INDIANS  ON  JORDAN  CREEK.  501 

mishes  were  had,  and  not  a  dozen  Indians  killed  from 
April  to  August.  In  the  mean  time  all  the  stock 
was  driven  off  from  Antelope  Valley,  a  settled  re 
gion  sixty-five  miles  east  of  The  Dalles,  and  about 
the  same  distance  west  of  the  crossing  of  the  south 
fork  of  the  John  Day;  and  nothing  but  a  continuous 
wall  of  troops  could  prevent  these  incursions. 

About  the  1st  of  August  Curry,  who  with  Drake 
had  been  scouting  in  the  Malheur  mountains,  sepa 
rated  from  the  latter  and  returned  toward  Camp 
Alvord.  Before  he  reached  that  post  he  was  met  by 
an  express  from  Fort  Boise,  with  the  information  that 
a  stock  farmer  on  Jordan  Creek,  a  branch  of  the 
Owyhee,  had  been  murdered,  and  his  horses  and  cat 
tle  driven  off.  Twenty-one  miners  of  the  Owyhee 
district  had  organized  and  pursued  the  Indians  eighty 
miles  in  a  south-west  direction,  finding  them  encamped 
in  a  deep  canon,  where  they  were  attacked.  The 
Indians,  being  in  great  numbers,  repulsed  the  miners 
with  the  loss  of  one  killed24  and  two  wounded.  A 
second  company  was  being  organized,  160  strong,  and 
Colonel  Maury  had  taken  the  field  with  twenty-five 
men  from  Fort  Boise.  Curry  pushed  on  to  Camp 
Alvord,  a  distance  of  350  miles,  though  his  command 
had  not  rested  since  the  22d  of  June,  arriving  on  the 
12th  with  his  horses  worn  out,  and  106  men  out  of 
134  sick  with  dysentery.25  The  Warm  Spring  Indians, 
who  were  constantly  moving  about  over  the  country, 
brought  intelligence  which  satisfied  Curry  that  the 
marauding  bands  had  gone  south  into  Nevada.  Con 
sequently  on  the  2d  of  September,  the  sick  having 
partially  recovered,  the  main  command  was  put  in 
motion  to  follow  their  trail.  Passing  south,  through 
the  then  new  and  famous  mining  district  of  Puebla 
Valley,  where  some  prospectors  were  at  work  with  a 
small  quartz-mill,  using  sage-brush  for  fuel,  a  party 

24  M.  M.  Jordan,  the  discoverer  of  Jordan  Creek  mines,  was  killed. 

25  In  the  absence  of  medicines,  Surgeon  Cochrane's  supply  being  exhausted, 
and  himself  one  of  the  sufferers,  an  infusion  of  the  root  of  the  wild  geranium, 
found  in  that  country,  proved  effective. 


502  MILITARY  ORGANIZATION  AND  OPERATIONS. 

of  five    Indians  was   captured   forty  miles   beyond. 
Surmising    that    they    belonged  to  the  band   which 
attacked  the  rancho  on  Jordan  Creek,  they  would 
have  been  hanged  but   for   the  interference  of  the 
miners  of  Puebla,  who  thought  they  should  be  more 
safe  if  mercy  were  shown.     Yielding  to  their  wishes, 
the  Indians,  who  asserted  that  they  were  Pah  Utes, 
were  released.     But  the  mercy  shown  then  was  atro 
ciously  rewarded,  for  they   afterward  returned  and 
murdered  these  same  miners.26     The  heat  and  dust  of 
the  alkali  plains  of  Nevada  retarding  the  convales 
cence  of  the  troops,  Curry  proceeded  no  farther  than 
Mud  Lake,  returning  by  easy  marches  on  the  west 
side  of  Steen  Mountain  to  Camp  Alvord  September 
16th,  breaking  camp  on   the  26th  and  marching  to 
Fort  Walla  Walla,  the  infantry  and  baggage- wagons 
being  sent  to  Fort  Boise.    Curry  took  the  route  down 
the  Malheur  to  the  immigrant  road,  where  he  was  met 
October  14th  by  an  express  from  district  headquar 
ters  directing  him  if  possible  to  be  at  The  Dalles 
before  the  presidential  election  in  November,  fears 
being  entertained  that  disloyal  voters  would  make  that 
the  occasion  of  an  outbreak.    If  anything  could  infuse 
new  energy  into  the  Oregon  cavalry,  it  was  a  prospect 
of  having  to  put  down  rebellion,  and  Curry  was  at 
Walla  Walla  twelve  days  afterward,  where  the  com 
mand  was  formally  dissolved,  company  A  going  into 
garrison  there,  the  detachment  of  F  to  Lapwai,  and 
company  E  to  The  Dalles,  where  the  election  proceeded 
quietly  in  consequence.     Drake's  command  remained 
in  the  field  until  late  in  autumn,  making  his  head 
quarters  at  Camp  Dahlgren,  on  the  head  waters  of 
Crooked  River,  and  keeping  lieutenants    Waymire, 
Noble,  and  others  scouring  the  country  between  the 
Cascade  and  Blue  mountains. 

While  these  operations  were  going  on  in  eastern 
Oregon,  that  strip   of  southern  country  lying  along 

26 Report  of  Captain  Curry,  in  Rept  Adjt  Gen.  Or.,  1866,  46. 


ON  THE  CALIFORNIA  FRONTIER.  503 

the  California  line  between  the  Klamath  Lakes  and 
Steen  Mountain  was  being  scoured  as  a  separate 
district — being  in  fact  a  part  of  the  district  of  Califor 
nia.  Toward  the  last  of  March,  Colonel  Drew,  at 
Camp  Baker  in  Jackson  county,  received  orders  from 
the  department  of  the  Pacific  to  repair  to  Fort  Klam 
ath,  as  soon  as  the  road  over  Cascades  could  be  trav 
elled,  and  leaving  there  men  enough  to  guard  the 
government  property,  to  make  a  reconnoissance  to  the 
Owyhee  country,  and  return  to  Klamath  post. 

The  snow  being  still  deep  on  the  summit  of  the 
mountains,  in  May  a  road  was  opened  through  it  for 
several  miles,  and  on  the  26th  the  command  left  Camp 
Baker,  arriving  at  Fort  Klamath  on  the  28th.  The 
Indians  being  turbulent  in  the  vicinity  of  the  fort,  it 
became  necessary  to  remain  at  that  post  until  the 
28th  of  June,  when  the  expedition,  consisting  of  thirty- 
nine  enlisted  men,  proceeded  to  Williamson  River, 
and  thence  to  the  Sprague  River  Valley,  over  a  suc 
cession  of  low  hills,  covered  for  the  most  part  with  an 
open  forest  of  pines.27  He  had  proceeded  no  farther 
than  Sprague  River  when  his  march  was  interrupted 
by  news  of  an  attack  on  a  train  from  Shasta  Valley 
proceeding  by  the  way  of  Klamath  Lake,  Sprague 
River,  and  Silver  Lake  to  the  John  Day  Mines.28 
Fortunately  Lieutenant  Davis  from  Fort  Crook,  Cal 
ifornia,  with  ten  men  came  up  with  the  train  in  time 
to  render  assistance  arid  prevent  a  massacre.  The 

27  Drew's  report  was  published  in  1865,  in  the  Jacksonville  Sentinel,  from 
January  28  to  March  11,  1865,  and  also  in  a  pamphlet  of  32  pages,  printed 
at  Jacksonville.     It  is  chiefly  a  topographical  reconnoissance,  and  as  such 
is  instructive  and  interesting, 'but  contains  few  incidents  of  a  military  char 
acter  in  relation  to  the  Indians;  in  fact,  these  appear  to  have  been  purposely 
left  out.     But  taking  the  explorations  of  Drew,  which  were  made  at  some 
distance  north  of  the  southern  immigrant  road,  in  connection  with  those  of 
Drake  and  Curry,  it  will  be  seen  that  a  great  amount  of  valuable  work  of  a 
character  usually  performed  by  expensive  government  exploring  expeditions 
was  performed  by  the  1st  Oregon  cavalry  in  this  and  the  following  year.    See 
Drew's  Owyhee  Reconnoissance,  1-32. 

28  This  occurred  June  23d  near  Silver  Lake,  85  miles  north  of  Fort  Klam 
ath.     The  train  consisted  of  7  wagons  and  15  men,  several  of  whom  were  ac 
companied  by  their  families.     The  Indians  took  7  of  their  oxen  and  3,oOO 
pounds  of  flour.     John  Richardson  was  leader  of  the  company.     Three  men 
were  wounded. 


504  MILITARY  ORGANIZATION  AND  OPERATIONS. 

company  fell  back  forty  miles  to  a  company  in  the 
rear,  and  sent  word  to  Fort  Klamath,  after  which 
they  retreated  to  Sprague  River,  and  an  ambulance 
having  been  sent  to  take  the  wounded  to  the  fort, 
the  immigrants  all  determined  to  travel  under  Drew's 
protection  to  the  Owyhee,  and  thence  to  the  John 
Day. 

Their  course  was  up  Sprague  River  to  its  head 
waters,  across  the  Goose  Lake  Mountains  into  Drew 
Valley,  thence  into  Goose  Lake  Valley,  around  the 
head  of  the  lake  to  a  point  twenty-one  miles  down 
its  east  side  to  an  intersection  with  the  immigrant 
road  from  the  States  near  Lassen  Pass,  where  a 
number  of  trains  joined  the  expedition.  Passing 
eastward  from  this  point,  Drew's  route  led  into  Fan 
dango  Valley,29  a  glade  a  mile  and  a  half  west  from 
the  summit  of  the  old  immigrant  pass,  and  thence 
over  the  summit  of  Warner  Range  into  Surprise 
Valley,30  passing  across  it  and  around  the  north  end 
of  Cowhead  Lake,  eastward  over  successive  ranges 
of  rocky  ridges  down  a  canon  into  Warner  Valley, 
and  around  the  south  side  of  Warner  Mountain,31 
where  he  narrowly  escaped  attack  by  the  redoubta 
ble  chief  Panina,  who  was  deterred  only  by  seeing  the 
howitzer  in  the  train.32  Proceeding  south-east  over  a 

29  So  named  from  a  dance  being  held  there  to  celebrate  the  meeting  of 
friends  from  California  and  the  States.     In  the  midst  of  their  merriment 
they  were  attacked,  and  war's  alarms  quickly  interrupted  their  festivities. 
JDrew's  Reconnaissance,  9. 

30  Drew  says  this  and  not  the  valley  beyond  it  should  have  been  called 
Warner  Valley,  the  party  under  Capt.  Lyons,  which  searched  for  Warner's 
remains,  finding  his  bones  in  Surprise  Valley,  a  few  miles  south  of  the  immi 
grant  road.  Id.,  10. 

31  Drew  made  a  reconnoissance  of  this  butte,  which  he  declared  for  mili 
tary  purposes  to  be  unequalled,  and  as  such  it  was  held  by  the  Snake  Ind 
ians.     A  summit  on  a  general  level,  with  an  area  of  more  than  100  square 
miles,  diversified  with  miniature  mountains,  grassy  valleys,  lakes  and  streams 
of  pure  water,  groves  of  aspen,  willow,  and  mountain  mahogany,  and  gar 
dens  of  service-berries,  made  it  a  complete  haven  of  refuge,  where  its  pos 
sessors  could  repel  any  foe.     The  approach   from   the  valley  was   exceed 
ingly  abrupt,  being  in  many  places  a  solid  wall.     On  its  north  side  it  rose 
directly  from  the  waters  of    Warner  Lake,  which  rendered  it  unassailable 
from  that  direction.     Its  easiest  approach  was  from  the  south,  by  a  series 
of  benches;  but  an  examination  of  the  country  at  its  base  discovered  the 
fact  that  the  approach  used  by  the  Indians  was  on  the  north. 

32  Panina  afterward  accurately  described  the  order  of  inarch,  and  the  order 


DREW'S  EXPLORATIONS.  505 

sterile  country  to  Puebla  Valley,  the  expedition 
turned  northward  to  Camp  Alvord,  having  lost  so 
much  time  in  escort  duty  that  the  original  design  of 
exploring  about  the  head  waters  of  the  Owyhee  could 
not  be  carried  out.  The  last  wagons  reached  Drew's 
camp,  two  miles  east  of  Alvord,  on  the  31st  of  Au 
gust,  and  from  this  point,  with  a  detachment  of  nine 
teen  men,  Drew  proceeded  to  Jordan  Creek  Valley 
and  Fort  Boise,  escorting  the  immigration  to  these 
points,  and  returning  to  camp  September  22d,  where 
he  found  an  order  requiring  his  immediate  return  to 
Fort  Klamath,  to  be  present  with  his  command  at  a 
council  to  be  held  the  following  month  with  the 
Klamaths,  Modocs,  and  Panina's  band  of  Snake  Ind 
ians.  On  his  return  march  Drew  avoided  going 
around  the  south-eastern  point  of  the  Warner  Moun 
tains,  finding  a  pass  through  them  which  shortened 
his  route  nearly  seventy  miles,  the  road  being  nearly 
straight  between  Steen  and  Warner  Mountains,  and 
thence  westward  across  the  ridge  into  Goose  Lake 
Valley,  with  a  saving  in  distance  of  another  forty 
miles.  On  rejoining  his  former  trail  he  found  it 
travelled  by  the  immigration  to  Rogue  River  Valley, 
which  passed  down  Sprague  River  and  by  the  Fort 
Klamath  road  to  Jacksonville.  A  line  of  communi 
cation  was  opened  from  that  place  to  Owyhee  and 
Boise,  which  was  deemed  well  worth  the  labor  and 
cost  of  the  expedition,  the  old  immigrant  route  be 
ing  shortened  between  two  and  three  hundred  miles. 
The  military  gain  was  the  discovery  of  the  haunt  of 
Panina  and  his  band  at  Warner  Mountain,  and  the 
discovery  of  the  necessity  for  a  post  in  Goose  Lake 
Valley.33 

Congress  having  at  length  made  an  appropriation 
of  $20,000  for  the  purpose  of  making  a  treaty  with 

of  encamping,  picketing,  and  guarding,  with  all  the  details  of  an  advance 
through  an  enemy's  country,  showing  that  nothing  escaped  his  observation, 
and  that  what  was  worth  copying  he  could  easily  learn. 
33  Hay's  Scraps,  iii.  121-2. 


506  MILITARY  ORGANIZATION  AND  OPERATIONS. 

the  Indian  tribes  in  this  part  of  Oregon,  Superintend 
ent  Huntington,  after  a  preliminary  conference  in  Au 
gust,  appointed  a  general  council  for  the  9th  of  Octo 
ber.  The  council  came  off  and  lasted  until  the  15th, 
on  which  day  Drew  reached  the  council  ground  at  the 
ford  of  Sprague  River,  glad  to  find  his  services  had 
not  been  required,  and  not  sorry  to  have  had  nothing 
to  do  with  the  treaty  there  made :  not  because  the 
treaty  was  not  a  good  and  just  one,  but  from  a  fear 
that  the  government  would  fail  to  keep  it.34 

84  The  treaty  was  made  between  Huntington  of  Oregon,  A.  E.  Wiley,  sup. 
of  Cal.,  by  his  deputy,  agent  Logan  of  Warm  Spring  reservation,  and  the 
Klamaths,  Modocs,  and  Yahooskin  band  of  Snakes.  The  military  present 
were  a  detachment  of  Washington  infantry  under  Lieut.  Halloran,  W.  C. 
McKay  with  5  Indian  scouts,  Captain  Kelly  and  Lieutenant  Underwood 
with  a  detachment  of  company  C.  The  Indians  on  the  ground  numbered 
1070,  of  whom  700  were  Klamaths,  over  300  Modocs,  and  20  Snakes,  but 
more  than  1,500  were  represented.  Huntington  estimated  that  there  were 
not  more  than  2,000  Indians  in  the  country  treated  for,  though  Drew  and 
E.  Steele  of  California  made  a  much  higher  estimate.  Ind.  Aff.  JRept,  1865, 
102.  Special  Agent  Lindsey  Applegate  and  McKay  acted  as  counsellors  and 
interpreters  for  the  Indians.  There  was  no  difficulty  in  making  a  treaty  with 
the  Klamaths.  The  Modocs  and  Snakes  were  more  reluctant,  but  signed  the 
treaty,  which  they  perfectly  understood.  It  ceded  all  right  to  a  tract  of  coun 
try  extending  from  the  44th  parallel  on  the  north  to  the  ridge  which  divides 
the  Pit  and  McLeod  rivers  on  the  south,  and  from  the  Cascade  Mountains  on 
the  west  to  the  Goose  Lake  Mountains  on  the  east.  There  was  reserved  a  tract 
beginning  011  the  eastern  shore  of  Upper  Klamath  Lake  at  Point  of  Rocks, 
twelve  miles  below  Williamson  River,  thence  following  up  the  eastern  shore 
to  the  mouth  of  Wood  River  to  a  point  one  mile  north  of  the  bridge  at  Fort 
Klamath ;  thence  due  east  to  the  ridge  which  divides  Klamath  marsh  from 
Upper  Klamath  Lake;  thence  along  said  ridge  to  a  point  due  east  of  the 
north  end  of  Klamath  marsh;  thence  due  east,  passing  the  north  end  of  Kla 
math  marsh  to  the  summit  of  the  mountain,  the  extremity  of  which  forms  the 
Point  of  Rocks,  and  along  said  ridge  to  the  place  of  beginning.  This  tract 
contained,  besides  much  country  that  was  considered  unfit  for  settlement, 
the  Klamath  marsh,  which  afforded  a  great  food  supply  in  roots  and  seeds,  a 
large  extent  of  fine  grazing  land,  with  enough  arable  land  to  make  farms  for 
all  the  Indians,  and  access  to  the  fishery  on  Williamson  River  and  the  great 
or  Upper  Klamath  Lake.  The  Klamath  reservation,  as  did  every  Indian  res 
ervation,  if  that  on  the  Oregon  coast  was  excepted,  contained  some  of  the 
choicest  country  and  most  agreeable  scenery  in  the  state.  White  persons,  ex 
cept  government  officers  and  employes,  were  by  the  terms  of  the  treaty  for 
bidden  to  reside  upon  the  reservation,  while  the  Indians  were  equally  bound 
to  live  upon  it;  the  right  of  way  for  public  roads  only  being  pledged.  The 
U.  S.  agreed  to  pay  $8,000  per  annum  for  five  years,  beginning  when  the 
treaty  should  be  ratified;  $5,000  for  the  next  five  years,  and  $3,000  for  the 
following  five  years;  these  sums  to  be  expended,  under  the  direction  of  the 
president,  for  the  benefit  of  the  Indians.  The  U.  S.  further  agreed  to  pay 
$35, 000  for  such  articles  as  should  be  furnished  to  the  Indians  at  the  time  of 
signing  the  treaty,  and  for  their  subsistence,  clothing,  and  teams  to  begin 
farming  for  the  first  year.  As  soon  as  practicable  after  the  ratification  of  the 
treaty,  mills,  shops,  and  a  school-house  were  to  be  built.  For  fifteen  years  a 
superintendent  of  farming,  a  farmer,  blacksmith,  wagon-maker,  sawyer,  and 


HUNTINGTON'S  TREATY.  507 

Overtures  had  been  made  to  Panina,  but  unsuccess 
fully.  He  had  been  invited  to  the  council,  but  pre 
ferred  enjoying  his  freedom.  But  an  unexpected 
reverse  was  awaiting  the  chief.  After  Superintend 
ent  Huntington  had  distributed  the  presents  provided 
for  the  occasion  of  the  treaty,  and  deposited  at  the 
fort  16,000  pounds  of  flour  to  be  issued  to  such  of  the 
Indians  as  chose  to  remain  there  during  the  winter, 
he  set  out  on  his  return  to  The  Dalles,  as  he  had 
come,  by  the  route  along  the  eastern  base  of  the 
Cascade  Mountains.  Quite  unexpectedly,  when  in 
the  neighborhood  of  the  head  waters  of  Des  Chutes, 
he  came  upon  two  Snakes,  who  endeavored  to  escape, 
but  being  intercepted,  were  found  to  belong  to  Panina's 
band.  The  escort  immediately  encamped  and  sent 
out  scouts  in  search  of  the  camp  of  the  chief,  which 
was  found  after  several  hours,  on  one  of  the  tribu 
taries  of  the  river,  containing,  however,  only  three 
men,  three  women,  and  two  children,  who  were  cap 
tured  and  brought  to  camp,  one  of  the  women  being 
Panina's  wife.  Before  the  superintendent  could  turn 
to  advantage  this  fortunate  capture,  which  he  hoped 
might  bring  him  into  direct  communication  with 
Panina,  the  Indians  made  a  simultaneous  attempt  to 
seize  the  guns  of  their  captors,  when  they  were  fired 
upon,  and  three  killed,  two  escaping  though  wounded. 
One  of  these  died  a  few  hours  afterward,  but  one 
reached  Panina's  camp,  and  recovered.  By  this  means 
the  chief  learned  of  the  loss  of  four  of  his  warriors 
and  the  captivity  of  his  wife,  who  was  taken  with  the 
other  women  and  children  to  Vancouver  to  be  held 
as  hostages. 

carpenter  were  to  be  furnished,  and  two  teachers  for  twenty- two  years.  The 
U.  S.  might  cause  the  land  to  be  surveyed  in  allotments,  which  might  be 
secured  to  the  families  of  the  holders.  The  annuities  of  the  tribe  could  not 
be  taken  for  the  debts  of  individuals.  The  U.  S.  might  at  any  future  time 
locate  other  Indians  on  the  reservation,  the  parties  to  the  treaty  to  lose  no 
rights  thereby.  On  the  part  of  the  Indians,  they  pledged  themselves  not 
to  drink  intoxicating  liquors  on  pain  of  forfeiting  their  annuities;  and  to  obey 
the  laws  of  the  U.  S. ;  the  treaty  to  be  binding  when  ratified. 

The  first  settler  in  the  Klamath  country  was  George  Nourse,  who  took  up 
in  August  1863  the  land  where  Linkville  stands.  He  was  notary  public  and 
registrar  of  the  Linkton  land  district.  Jacksonville  Sentinel,  March  8,  1873. 


508  MILITARY  ORGANIZATION  AND  OPERATIONS. 

Not  long  after  this  event  Panina  presented  himself 
at  Fort  Klamath,  having  received  a  message  sent  him 
from  the  council  ground,  that  he  would  be  permitted 
to  come  and  go  unharmed,  and  wished  Captain  Kelly 
of  Fort  Klamath  to  assure  the  superintendent  that 
he  was  tired  of  war,  and  would  willingly  make  peace 
could  he  be  protected.35  To  this  offer  of  submission, 
answer  was  returned  that  the  superintendent  would 
visit  him  the  following  summer  with  a  view  to  mak 
ing  a  treaty.  This  closed  operations  against  the 
Indians  of  southern  Oregon  for  the  year,  and  afforded 
a  prospect  of  permanent  peace,  so  far  as  the  country 
adjacent  to  the  Rogue  River  Valley  was  concerned, 
a  portion  of  which  had  been  subject  to  invasions  from 
the  Klamath  country.  Even  the  Umpqua  Valley 
had  not  been  quite  free  from  occasional  mysterious 
visitations,  from  which  henceforward  it  was  to  be 
delivered. 

With  the  close  of  the  campaigns  of  the  First  Ore 
gon  Cavalry  for  1864,  the  term  of  actual  service  of 
the  original  six  companies  expired.  They  had  per 
formed  hard  service,  though  not  of  the  kind  they 
would  have  chosen.  Small  was  the  pay,  and  trifling 
the  reward  of  glory.  It  was  known  as  the  'puritan 
regiment,'  from  habits  of  temperance  and  morality, 
and  was  largely  composed  of  the  sons  of  well-to-do 
farmers.  Out  of  fifty-one  desertions  occurring  in 
three  years,  but  three  were  from  this  class,  the  rest 
being  recruits  from  the  floating  population  of  the 
country.  N"o  regiment  in  the  regular  army  had  stood 
the  same  tests  so  heroically. 

When  the  legislature  met  in  1864  a  bounty  act  was 
passed  to  encourage  future,  not  to  reward  past,  volun 
teering.  It  gave  to  every  soldier  who  should  enlist 
for  three  years  or  during  the  war,  as  part  of  the  state's 

35  A  treaty  was  made  with  Panina  in  the  following  year,  but  badly  observed 
by  him,  as  the  history  of  the  Snake  wars  will  show. 


NEW  ENLISTMENTS.  509 

quota  under  the  laws  of  congress,  $150  in  addition  to 
other  bounties  and  pay  already  provided  for,  to  be 
paid  in  three  instalments,  at  the  beginning  and  end 
of  the  first  year,  and  at  the  end  of  the  term  of  service 
either  to  him,  or  in  case  of  his  demise,  to  his  heirs. 
For  the  purpose  of  raising  a  fund  for  this  use,  a  tax 
was  levied  of  one  mill  on  the  dollar  upon  all  the  tax 
able  property  of  the  state.36  At  the  same  time,  how 
ever,  an  act  was  passed  appropriating  $100,000  as  a 
fund  out  of  which  to  pay  five  dollars  a  month  addi 
tional  compensation  to  the  volunteers  already  in  the 


service.37 


On  the  day  the  first  bill  was  signed  Governor  Gibbs 
issued  a  proclamation  that  a  requisition  had  been 
made  by  the  department  commander  for  a  regiment 
of  infantry  in  addition  to  the  volunteers  then  in  the 
service  of  the  United  States,  who  were  "to  aid  in  the 
enforcement  of  the  laws,  suppress  insurrection  and  in 
vasion,  and  to  chastise  hostile  Indians  "  in  the  mili 
tary  district  of  Oregon.  Ten  companies  were  called 
for,  to  be  known  as  the  1st  Infantry  Oregon  Volun 
teers,  each  company  to  consist  of  eighty- two  privates 
maximum  or  sixty-four  minimum,  besides  a  full  corps 
of  regimental  and  staff  officers.  The  governor  in  his 
proclamation  made  an  earnest  appeal  to  county  offi 
cers  to  avoid  a  draft  by  vigorously  prosecuting  the 
business  of  procuring  volunteers.  Lieutenants'  com 
missions  were  immediately  issued  to  men  in  the  sev 
eral  counties  as  recruiting  officers,38  conditional  upon 
their  raising  their  companies  within  a  prescribed  time, 
when  they  would  be  promoted  to  the  rank  of  captain.39 


8<5  Or.  Laws,  1866,98-110. 

87 Id.,  104-8;  Rhimharfs  Oregon  Cavalry,  MS.,  15. 

83  A.  J.  Borland,  Grant  county;  E.  Palmer,  Yamhill;  Charles  Lafollet, 
Polk;  J.  M.  Gale,  Clatsop;  W.  J.  Shipley,  Benton;  W.  S.  Powell,  Multno- 
mah;  C.  P.  Crandall,  Marion;  F.  O.  McCown,  Clackamas;  T.  Humphreys, 
Jackson,  were  commissioned  2d  lieutenants. 

39  Polk  county  raised  $1,200  extra  bounty  rather  than  fail,  and  completed 
her  enlistment,  first  of  all.  Josephine  county  raised  $2,500,  and  Clackamas 
offered  similar  inducements.  Portland  Oregonian,  Nov.  30,  1864,  Feb.  14, 
1865. 


510  MILITARY  ORGANIZATION  AND  OPERATIONS. 

Six  companies  were  formed  within  the  limit,  and  two 
more  before  the  first  of  April  1865.40 

Early  in  January  1865  General  McDowell  made  a  re 
quisition  for  a  second  regiment  of  cavalry,  the  existing 
organization  to  be  kept  up  and  to  retain  its  name  of 
1st  Oregon  cavalry,  but  to  be  filled  up  to  twelve  com 
panies.  In  making  his  proclamation  Governor  Gibbs 
reminded  those  liable  to  perform  military  duty  of  the 
bounties  provided  by  the  state  and  the  general  gov 
ernment  which  would  furnish  horses  to  the  new  regi 
ment.  But  the  response  was  not  enthusiastic.  About 
this  time  the  district  was  extended  to  include  the 
southern  and  south-eastern  portions  of  the  state,  here 
tofore  attached  to  California,  while  the  Boise  and 
Owyhee  region  was  made  a  subdistrict  of  Oregon, 
commanded  by  Lieutenant  Colonel  Drake.  These 
arrangements  left  the  military  affairs  of  Oregon  en 
tirely  in  the  hands  of  her  own  citizens,  under  the 
general  command  of  General  McDowell,  and  thus 
they  remained  through  the  summer.  On  the  14th 
of  July  Colonel  Maury  retired,  and  Colonel  B.  Curry 
took  the  command  of  the  district. 

In  the  summer  of  1864  General  Wright,  though 
retaining  command  of  the  district  of  California,  was 
relieved  of  the  command  of  the  department  of  the 
Pacific  by  General  McDowell,  who  in  the  month 
of  August  paid  a  visit  of  inspection  to  the  dis 
trict  of  Oregon,  going  first  to  Puget  Sound,  where 
fortifications  were  being  erected  at  the  entrance  to 
Admiralty  Inlet,  and  thence  to  Vancouver  on  the 
revenue  cutter  Shubrick,  Captain  Scammon.  On  the 
13th  of  September  he  inspected  the  defensive  works 
under  construction  at  the  mouth  of  the  Columbia, 

40  The  following  were  the  lieutenants  in  the  regiment:  William  J.  Ship 
ley,  Cyrus  H.  Walker,  Thomas  H.  Reynolds,  Samuel  F.  Kerns,  John  B. 
Dimick,  Darius  B.  Randall,  William  M.  Rand,  William  Grant,  Harrison  B. 
Oatman,  Byron  Barlow,  William  R.  Dunbar,  John  W.  Cullen,  Charles  B. 
Roland,  Charles  H.  Hill,  Joseph  M.  Gale,  James  A.  Balch,  Peter  P.  Gates, 
Daniel  W.  Applegate,  Charles  N.  Chapman,  Albert  Applegate,  Richard  Fox 
(vice  Balch).  Report  Adjt  Gen.  Or.,  1866,  pp.  217-221. 


FORTIFICATIONS.  511 

which  were  begun  the  previous  year.  For  this  pur 
pose  congress  had  in  1861-2  appropriated  $100,000 
to  be  expended  at  the  mouth  of  the  Columbia,  and 
with  such  rapidity  had  the  work  been  pushed  forward 
that  the  fortifications  on  Point  Adams,  on  the  south 
ern  side  of  the  entrance  to  the  river,  were  about  com 
pleted  at  the  time  of  McDowell's  visit.  With  the 
approval  of  the  war  department,  Captain  George  El 
liot  of  the  engineering  corps  named  this  fort  in  honor 
of  General  I.  J.  Stevens,  who  fell  at  the  battle  of 
Chantilly,  September  1,  1862." 

Immediately  on  the  completion  of  this  fort  corre 
sponding  earthworks  were  erected  on  the  north  side  of 
the  entrance  to  the  river  on  the  high  point  known  as 
Cape  Disappointment,  but  recognized  by  the  depart 
ment  as  Cape  Hancock.  Both  of  these  fortifications 
were  completed  before  the  conclusion  of  the  civil  war, 
which  hastened  their  construction,  and  were  garri 
soned  in  the  autumn  of  1865.*2  In  1874,  by  order  of 
the  war  department  and  at  the  suggestion  of  Assist 
ant  adjutant-general  H.  Clay  Wood,  the  military  post 
at  Cape  Hancock  was  named  Fort  Canby,  in  honor 
of  Major-general  Edward  R  S.  Canby,  who  perished 
by  assassination  during  the  Modoc  war  of  1872-3, 
and  the  official  name  of  the  cape  was  ordered  to  be 
used  by  the  army. 

41  Fort  Stevens  was  constructed  of  solid  earthworks,  just  inside  the  en 
trance,  and  was  made  one  of  the  strongest  and  best  armed  fortifications  on 
the  Pacific  coast.     It  was  a  nonagon  in  shape,  and  surrounded  by  a  ditch  thirty 
feet  in  width,  which  was  again  surrounded  by  earthworks,  protecting  the 
walls  of  the  fort  and  the  earthworks  supporting  the  ordnance.    Or.  Argus, 
June  5  and  29,  1863;  Ibid.,  Aug.  18,  1863;   Victor's  Or.,  40-1;  Surgeon  Gen. 
Circ.,  8,484-7. 

42  On  Cape  Disappointment  was  a  light-house  of  the  first  class,  rising  from 
the  highest  point.     Extending  along  the  crest  of  the  cape  on  the  river  side 
were  three  powerful  batteries  mounted  on  solid  walls  of  earth.    Under  the  shel 
ter  of  the  cape,  around  the  shore  of  Baker  Bay,  were  the  garrison  buildings 
and  officers'  quarters.     It  was  and  is  at  present  one  of  the  prettiest  places 
on  the  Columbia,  though  rather  inaccessible  in  stormy  weather.    Surgeon 
Gen   Circular,  8,  461;  Victor's  Or.,  36-8;  Overland  Monthly,  viii.  73-4;  Steel's 
Rifle  fiegt,  MS.,  5;  Portland  Oregonian,  April  4,  1864,  Oct.  19,  1865;  S.  F. 
Bulletin,  Nov.  25,  1864;  Or.  Pioneer  Hist.  Soc.,  7-8. 


CHAPTER  XXI. 

THE  SHOSHONE  WAR. 
1866-1868. 

COMPANIES  AND  CAMPS — STEELE'S  MEASURES — HALLECK  HEADSTRONG— 
BATTLE  OF  THE  OWYHEE— INDIAN  RAIDS — SUFFERINGS  OF  THE  SETTLERS 
AND  TRANSPORTATION  MEN— MOVEMENTS  OF  TROOPS — ATTITUDE  OF  GOV 
ERNOR  WOODS — FREE  FIGHTING — ENLISTMENT  OF  INDIANS  TO  FIGHT 
INDIANS— MILITARY  REORGANIZATION— AMONG  THE  LAVA-BEDS—CROOK 
IN  COMMAND— EXTERMINATION  OR  CONFINEMENT  AND  DEATH  IN  RESER 
VATIONS. 

IN  the  spring  of  1865  the  troops  were  early  called 
upon  to  take  the  field  in  Oregon  and  Idaho,  the  roads 
between  The  Dalles  and  Boise,  between  Boise  and 
Salt  Lake,  between  Owyhee  and  Chico,  and  Owyhee 
and  Humboldt  in  California,  being  unsafe  by  reason  of 
Indian  raids.  A  hundred  men  were  sent  in  April  to 
guard  The  Dalles  and  Boise  road,  which,  owing  to  its 
length,  450  miles,  they  could  not  do.  In  May,  com 
pany  B,  Oregon  volunteers,  Captain  Palmer,  moved 
from  The  Dalles  to  escort  a  supply-train  to  Boise. 
Soon  after  arriving,  Lieutenant  J.  W.  Cullen  was 
dircted  to  take  twenty  men  and  proceed  150  miles  far 
ther  to  Camp  Reed,  on  the  Salmon  Falls  Creek,  where 
he  was  to  remain  and  guard  the  stage  and  immigrant 
road.  Captain  Palmer  was  ordered  to  establish  a  sum 
mer  camp  on  Big  Camas  prairie,  which  he  called  Camp 
Wallace.  From  this  point  Lieutenant  C.  H.  Walker 
was  sent  with  twenty-two  enlisted  men  to  the  Three 
Buttes,  110  miles  east  of  Camp  Wallace,  to  look  out  for 
the  immigration.  Leaving  most  of  his  command  at 
Three  Buttes,  Walker  proceeded  to  Gibson's  ferry, 

(512) 


CAMP  LANDER. 


513 


above  Fort  Hall,  where  he  found  a  great  number  of 
wagons  crossing,  and  no  unfriendly  Indians.  On  re 
ceiving  orders,  however,  he  removed  his  company  to 
the  ferry,  where  he  remained  until  September  19th, 
after  which  he  proceeded  to  Fort  Hall  to  prepare  winter 


WESTERN  OREGON. 


quarters,  Palmer's  company  being  ordered  to  occupy 
that  post.  The  old  fort  was  found  a  heap  of  ruins;  but 
out  of  the  adobes  and  some  abandoned  buildings  of  the 
overland  stage  company,  a  shelter  was  erected  at  the 
junction  of  the  Salt  Lake,  Virginia  City,  and  Boise* 
roads,  which  station  was  named  Cainp  Lander.  This 


HIST.  OB.,  VOL.  II.    33 


514  THE  SHOSHONE  WAR. 

post  and  Camp  Reed  were  maintained  during  the  win 
ter  by  the  Oregon  infantry,  the  latter  having  only  tents 
for  shelter,  and  being  exposed  to  severe  hardships.1  In 
May  detachments  of  Oregon  cavalry  were  ordered  from 
The  Dalles,  under  lieutenants  Charles  Hobart  and 
James  L.  Curry,  to  clear  the  road  to  Canon  City,  and 
thence  to  Boise,  from  which  post  Major  Drake  ordered 
Curry  to  proceed  to  Rock  Creek,  on  Snake  River,  to 
escort  the  mails,  the  Indians  having  driven  off  all 
the  stock  of  the  overland  stage  company  from  several 
of  the  stations. 

Lieutenant  Hobart  proceeded  to  Jordan  Creek, 
where  he  established  a  post  called  Camp  Lyon,  after 
General  Lyon,  who  fell  during  the  war  of  the  rebellion, 
at  Willow  Creek  in  Missouri.  Soon  after,  being  in 
pursuit  of  some  Indians  who  had  again  driven  off 
stock  on  Reynolds  Creek,  he  was  himself  attacked 
while  in  camp  on  the  Malheur,  having  the  horses  of  his 
command  stampeded;  but  in  a  fight  of  four  hours,  dur 
ing  which  he  had  two  men  wounded,  he  recovered  his 
own,  took  a  part  of  the  enemy's  horses,  and  killed  and 
wounded  several  Indians.2  Captain  L.  L.  Williams, 
of  company  H,  Oregon  infantry,  who  was  employed 
guarding  the  Cafton  City  road,  was  ordered  from  camp 
Watson  in  September,  to  proceed  on  an  expedition  to 
Selvie  River,  Lieutenant  Bo  wen  of  the  cavalry  be 
ing  sent  to  join  him  with  twenty-five  soldiers.  Before 
Bo  wen's  arrival,  Williams'  company  performed  some 
of  the  best  fighting  of  the  season  under  the  great 
est  difficulties ;  being  on  foot,  and  compelled  to  march 
a  long  distance  surrounded  by  Indians  mounted  and 
afoot,  but  of  whom  they  killed  fifteen,  with  a  loss 
of  one  man  killed  and  two  wounded.3  Williams  re 
mained  in  the  Harney  Valley  through  the  winter, 
establishing  Camp  Wright. 

1  Lieut  Walker  here  referred  to  is  a  son  of  Rev.  Elkanah  Walker,  a  mission 
ary  of  1835. 

2  Bois6  City  Statesman,  July  13  and  18,  1865.     Hobart  was  afterward  a  cap 
tain  in  the  regular  army.  Albany  States  Rights- Democrat,  July  2,  1875. 

3  Report  of  Lt  Williams  in  Rept  Adjt  Gen.  Or.  1866,  82-98.  L.  L.  Will- 
iams  was  one  of  the  Port  Orford  party  which  suffered  so  severely  in  1851. 


CURRY  AND  SPRAGUE.  515 

In  addition  to  the  Oregon  troops,  Captain  L.  S. 
Scott,  of  the  4th  California  volunteer  infantry,  was 
employed  guarding  the  road  to  Chico,  being  stationed 
in  Paradise  Valley  through  the  summer,  but  ordered 
to  Silver  Creek  in  September,  where  he  established 
Camp  Curry. 

Colonel  Curry  had  succeeded  to  the  command  of 
the  district  of  the  Columbia  on  the  death  of  General 
Wright,  while  en  route  to  Vancouver  to  assume  the 
command,  by  the  foundering  of  the  steamship  Brother 
Jonathan.  In  order  to  obviate  the  inconvenience  of 
long  and  unwieldly  transportation  trains,  and  in  order 
also  to  carry  on  a  winter  campaign,  which  he  believed 
would  be  most  effectual,  as  the  Indians  would  then  be 
found  in  the  valleys,  Curry  distributed  the  troops 
in  the  following  camps:  Camp  Polk  on  the  Des  Chutes 
River,  Camp  Curry  on  Silver  Creek,  Camp  Wright 
on  Selvie  River,  camps  Logan  and  Colfax  on  the 
Canon  City  and  Boise  road,  Camp  Alvord  in  Alvord 
Valley,  Camp  Lyon  on  Jordan  Creek,  Idaho,  Camp 
Heed  near  Salmon  Falls,  and  Camp  Lander  at  old  Fort 
Hall,  Idaho.  But  with  all  these  posts  the  country 
continued  to  suffer  with  little  abatement  the  scourge 
of  frequent  Indian  raids. 

Early  in  October  Captain  F.  B.  Sprague,  of  the 
1st  Oregon  infantry,  was  ordered  to  examine  the  route 
between  Camp  Alvord  and  Fort  Klamath,  with  a  view 
to  opening  communication  with  the  latter.  Escorted 
by  eleven  cavalrymen,  Sprague  set  out  on  the  10th,  tak 
ing  the  route  by  Warner  Lake  over  which  Drew  had 
made  a  reconnoissance  in  1865,  arriving  at  Fort  Klam 
ath  on  the  17th  without  having  seen  any  Indians. 
But  having  come  from  Fort  Klamath  a  month  previ 
ous,  and  seen  a  large  trail  crossing  his  route,  going 
south,  and  not  finding  that  any  fresh  trail  indicated  the 
return  of  the  Indians,  he  came  to  the  conclusion  that 
they  were  still  south  of  the  Drew  road,  between  it  and 
Surprise  Valley,  where  Camp  Bidwell  was  located. 

On  making  this  report  to  Major  Rh  em  hart,  in  com- 


516 


THE  SHOSHONE  WAR. 


mand  at  Klamath,  he  \vas  ordered  to  return  to  Camp 
Alvord  by  the  way  of  Surprise  Valley  and  arrange  co 
operative  measures  with  the  commander  of  the  post 
there.  But  when  he  arrived  at  Camp  Bidwell  on  the 
28th,  Captain  Starr,  of  the  second  California  volunteer 
cavalry,  in  command,  was  already  under  orders  to  re 
pair  with  his  company,  except  twenty-five  men,  to  Fort 


EASTERN  OREGON,  CAMPS  AND  FORTS. 

Crook,  before  the  mountains  became  impassable  with 
snow.  He  decided,  however,  to  send  ten  men,  under 
Lieutenant  Backus,  with  Sprague's  escort,  to  prove  the 
supposed  location  of  the  main  body  of  the  Indians. 
On  the  third  day,  going  north,  having  arrived  at 
Warner's  Creek,  which  enters  the  east  side  of  the  lake 
seven  miles  south  of  the  crossing  of  the  Drew  road, 


DISBANDMENT  OF  VOLUNTEERS.  517 

without  falling;  in  with  any  Indians,  Backus  turned 
back  to  Camp  JBidwell,  and  Sprague  proceeded. 

No  sooner  had  this  occurred  than  signs  of  the  enemy 
began  to  appear,  who  were  encountered,  125  strong, 
about  two  miles  south  from  the  road.  While  the 
troops  were  passing  an  open  space  between  the  lake  and 
the  steep  side  of  a  mountain  they  were  attacked  by  the 
savages  hidden  in  trenches  made  by  land-slides,  and  be 
hind  rocks.  Sprague,  being  surprised,  and  unable  either 
to  climb  the  mountain  or  swim  the  lake,  halted  to  take  in 
the  situation.  The  attacking  parties  were  in  the  front 
and  rear,  but  he  observed  that  those  in  the  rear  were 
armed  with  bows  and  arrows,  while  those  in  front  had 
among  them  about  twenty-five  rifles.  The  former  were 
leaving  their  hiding-places  to  drive  him  upon  the  lat 
ter.  Observing  this,  he  made  a  sudden  charge  to  the 
rear,  escaping  unharmed  and  returning  to  Camp  Bid- 
well. 

Captain  Starr  then  determined  to  hold  his  company 
at  that  post,  and  cooperate  with  Camp  Alvord  against 
those  Indians.  But  when  Sprague  arrived  there  by 
another  route  he  found  the  caval-ry  half  dismounted 
by  a  recent  raid  of  these  ubiquitous  thieves,  and  the 
other  half  absent  in  pursuit;4  thus  a  good  opportunity 
of  beginning  a  winter  campaign  was  lost.  But  an  im 
portant  discovery  had  been  made  of  the  principal 
rendezvous  of  the  Oregon  Snake  Indians — a  knowledge 
which  the  regular  army  turned  to  account  when  they 
succeeded  the  volunteer  service. 

In  October,  before  Curry  had  thoroughly  tested 
his  plan  of  a  winter  campaign,  orders  were  received  to 
muster  out  the  volunteers,  and  with  them  he  retired 
from  the  service.  He  was  succeeded  in  the  command 
of  the  department  by  Lieutenant-colonel  Drake,  who 
in  turn  was  mustered  out  in  December.  Little  by 
little  the  whole  volunteer  force  was  disbanded,  until 
in  June  1866  there  remained  in  the  service  only  com- 

4  James  Alderson  of  Jacksonville,  a  good  man,  who  was  on  guard,  was  killed 
in  this  raid.  Portland  Oregonian,  Dec.  4,  1865. 


518  THE  SHOSHONE  WAR. 

pany  B,  1st  Oregon  cavalry,  and  company  1, 1st  Oregon 
infantry.  All  the  various  camps  in  Oregon  were 
abandoned  except  Camp  Watson,  against  the  removal 
of  which  the  merchants  of  The  Dalles  protested,5  and 
Camp  Alvord,  which  was  removed  to  a  little  different 
location  and  called  Camp  C.  F.  Smith.  Camp  Lyon 
and  Fort  Boise  were  allowed  to  remain,  but  forts 
Lapwai  and  Walla  Walla  were  abandoned.  These 
changes  were  made  preparatory  to  the  arrival  of  several 
companies  of  regular  troops,  and  the  opening  of  a  new 
campaign  under  a  new  department  commander. 

The  first  arrival  in  the  Indian  country  of  troops  from 
the  east  was  about  the  last  of  October  1865,  when 
two  companies  of  the  14th  infantry  were  stationed  at 
Fort  Boise,  with  Captain  Walker  in  command,  when 
Ihe  volunteers  at  that  post  proceeded  to  Vancouver 
to  be  mustered  out.  No  other  changes  occurred  in 
this  part  of  the  field  until  spring,  the  United  States 
and  Oregon  troops  being  fully  employed  in  pursuing 
the  omnipresent  Snakes.6  Toward  the  middle  of 
February  1866,  a  large  amount  of  property  having 
been  stolen,  Captain  Walker  made  an  expedition  with 
thirty-nine  men  to  the  mouth  of  the  Owyhee,  and  into 
Oregon,  between  the  Owyhee  and  Malheur  rivers,  com 
ing  upon  a  party  of  twenty-one  Indians  in  a  canon, 
and  opening  fire.  A  vigorous  resistance  was  made 
before  the  savages  would  relinquish  their  booty,  which 
they  did  only  when  they  were  all  dead  but  three,  who 
escaped  in  the  darkness  of  coining  night.  Walker 
lost  one  man  killed  and  one  wounded. 

On  the  24th  of  February  Major-general  F.  Steele 

5  Dalles  Mountaineer,  April  20,  1866. 

6  A  man  named  Clark  was  shot,  near  the  mouth  of  the  Owyhee,  while  en 
camped  with  other  wagoners,  in  Nov. ;  34  horses  were  stolen  from  near  Boise" 
ferry  on  Snake  River  in  Dec. ;  and  the  pack-mules  at  Camp  Alvord  were  stolen. 
Captain  Sprague  recovered   these  latter.    Feb.   13th  the  rancho  of  Andrew 
Hall,  15  miles  from  Ruby  City,  was  attacked,  Hall  killed,  50  head  of  horses 
driven  off,  and  the  premises  set  on  fire.  Bois6  Statesman,  Feb.  17,  1866;  Id., 
March  4,  1866.     Ada  County  raised  a  company  o^  volunteers  to  pursue  these 
Indians,  but  they  were  not  overtaken.   Ind.  A/,  ftept,  1866,  187-8;  Austin 
Rec»e,  Itivtr  Reveille,  March  13,  1866. 


CAMPS  AND  COMMANDERS.  519 

took  command  of  the  department  of  the  Columbia. 
There  were  in  the  department  at  that  time,  besides 
the  volunteer  force  which  amounted  numerically  to 
553  infantry  and  319  cavalry,  one  battalion  of  the 
14th  United  States  infantry,  numbering  793  men,  and 
three  companies  of  artillery,  occupying  fortified  works 
at  the  mouth  of  the  Columbia  and  on  San  Juan  Island. 
These  troops,  exclusive  of  the  artillery,  were  scattered 
in  small  detachments  over  a  large  extent  of  country, 
as  we  already  know. 

On  the  2d  of  March  the  post  of  Fort  Boise,  with 
its  dependencies,  camps  Lyon,  Alvord,  Reed,  and  Lan 
der,  was  erected  into  a  full  military  district,  under  the 
command  of  Major  L.  H.  Marshall,  who  arrived  at 
district  headquarters  about  the  20th,  and  immediately 
made  a  requisition  upon  Steele  for  three  more  com 
panies.  In  April  Colonel  J.  B.  Sinclair  of  the  14th 
infantry  took  the  command  at  Camp  Curry,  which 
he  abandoned  and  proceeded  to  Boise*.  Fort  Bois6 
received  about  this  time  a  company  of  the  same  regi 
ment,  under  Captain  Hinton,  withdrawn  from  Cape 
Hancock,  at  the  mouth  of  the  Columbia,  and  another, 
under  Lieutenant-colonel  J.  J.  Coppinger,  withdrawn 
from  The  Dalles. 

Camp  Watson  received  two  companies  of  cavalry, 
under  the  command  of  Colonel  E.  M.  Baker.  Camp 
C.  F.  Smith  received  a  cavalry  company  under  Cap 
tain  David  Perry,  who  marched  into  Oregon  from 
the  south  by  the  Chico  route ;  and  Camp  Lyon  received 
another  under  Captain  James  C.  Hunt,  who  entered 
Oregon  by  the  Humboldt  route.  At  Camp  Lyon  also> 
was  a  company  of  the  14th  infantry  under  Captain  P. 
Collins,  and  one  of  the  1st  Oregon  infantry  under 
Captain  Sprague.  From  this  it  will  be  seen  that  most 
of  the  troops  were  massed  in  the  Boise  military  dis 
trict,  only  Baker's  two  companies  being  stationed; 
where  they  could  guard  the  road  between  The  Dalles, 
and  Boise,  which  was  so  infested  that  the  express 
company  refused  to  carry  treasure  over  it,  half  a  dozen. 


520  THE  SHOSHONE  WAR. 

successful  raids  having  been  made  on  the  line  of  the 
road  before  the  first  of  May. 

Although  Steel e's  first  action  was  to  cause  the 
abandonment  of  most  of  the  camps  already  established, 
as  I  have  noticed,  as  early  as  March  20th,  he  wrote 
to  General  Halleck,  commanding  the  division  of  the 
Pacific,  that  the  Indians  had  commenced  depredations, 
with  such  signs  of  continued  hostilities  in  the  southern 
portions  of  Oregon  and  Idaho  that  he  should  recom 
mend  the  establishment  of  two  posts  during  the  sum 
mer,  from  which  to  operate  against  them  the  follow 
ing  winter,  one  at  or  near  Camp  Wright,  and  another 
in  Goose  Lake  Valley,  from  which  several  roads 
diverged  leading  to  other  valleys  frequented  by  hostile 
Snakes,  Utes,  Pit  Rivers,  Modocs,  and  Klamaths. 

On  the  28th  of  March  Major  Marshall  led  an  ex 
pedition  to  the  Bruneau  River,  110  miles,  finding  only 
the  unarmed  young  and  old  of  the  Snake  tribe,  to  the 
number  of  150.  On  returning  about  the  middle  of 
April  he  ordered  Captain  Collins,  with  a  detachment 
of  Company  B  and  ten  men  from  the  14th  infantry, 
to  proceed  to  Squaw  Creek,  a  small  stream  entering 
Snake  River  a  few  miles  below  the  mouth  of  Rey 
nolds  Creek,  and  search  the  canon  thoroughly,  not 
only  for  Indian  foes,  but  for  white  men  who  were 
said  to  be  in  league  with  them,  and  who,  if  found, 
were  to  be  hanged  without  further  ceremony.  Being 
unsuccessful,  Collins  was  sent  to  scout  on  Burnt 
River  and  Clark  Creek. 

On  the  llth  of  May  Marshall  again  left  the  fort 
with  Colonel  Coppinger  and  eighty-four  men,  to  scout 
on  the  head- waters  of  the  Owyhee.  He  found  a 
large  force  of  Indians  at  the  Three  Forks  of  the 
Owyhee,  strongly  posted  between  the  South  and  Mid 
dle  forks.  The  river  being  impassable  at  this  place, 
he  moved  down  eight  miles,  where  he  crossed  his 
men  by  means  of  a  raft.  As  they  were  about  to 
advance  up  the  bluff,  they  were  fired  on  by  Indians 
concealed  behind  rocks.  A  battle  now  occurred  which 


MARSHALL'S  DEFEAT.  521 

lasted  four  hours,  in  which  seven  of  the  savages  were 
killed  and  a  greater  number  wounded;  but  the  Indians 
being  in  secure  possession  of  the  rocks  could  not  be 
dislodged,  and  Marshall  was  forced  to  retreat  across 
the  river,  losing  his  raft,  a  howitzer,  some  provisions, 
and  some  ammunition  which  was  thrown  in  the  river. 
His  loss  in  killed  was  one  non-commissioned  officer.7 
His  rout,  notwithstanding,  was  complete,  and  to  ac 
count  for  the  defeat  he  reported  the  number  of  Indians 
engaged  at  500,  an  extraordinary  force  to  be  in  any 
one  camp. 

And  thus  the  war  went  on,  from  bad  to  worse.8 
On  the  19th  of  May  a  large  company  of  Chinamen, 
•to  whom  the  Idaho  mines  had  recently  been  opened, 
were  attacked  at  Battle  Creek,  where  Jordan  and 
others  were  killed,  and  fifty  or  sixty  slaughtered,  the 
frightened  and  helpless  celestials  offering  no  resistance, 
but  trying  to  make  the  savages  understand  that  they 
were  non-combatants  and  begging  for  mercy.9  Pepoon 
hastened  to  the  spot,  but  found  only  dead  bodies  strewn 

7  A  detachment  of  the  Oregon  cavalry  accompanied  Marshall  on  this  ex 
pedition,  and  blamed  him  severely  for  inhumanity.     A  man  named  Phillips, 
an  Oregonian,  was  lassoed  and  drawn  up  the  cliff  in  which  the  Indians  were 
lodged,  to  be  tortured  and  mutilated.     Lieut  Silas   Pepoon  of   the  Oregon 
cavalry  wished  to  go  to  his  rescue,  but  was  forbidden.   He  also  left  4  men  on 
the  opposite  bank  of  the  river,  who  were  cut  off  by  the  swamping  of  the  raft. 
The  volunteer  commanders  would  never  have  abandoned  their  men  without 
an  effort  for  their  rescue.  See  U.  8.  Mess,  and  Docs,  1866-7,  501,  39th  cong. 
2d  sess. 

8  During  the   night  of  the  4th  of   May  sixty  animals   were  stolen  from 
packers  on  Reynolds  Creek,  eight  miles  from  Ruby  City.     None  of  the  trains 
were  recovered.  The  loss  and  damage  was  estimated  at  $10,000.   Dalles  Moun 
taineer,  May  18,  1866.     About  the  25th  of  May,  Beard  and  Miller,  teamsters 
from  Chico,  on  their  way  to  the  Idaho  mines,  lost  421  cattle  out  of  a  herd  of 
460,  driven  off  by  the  Indians.     About  the  20th  of  June,  twenty  horses  were 
stolen  from  War  Eagle  Mountain,  above  Ruby  City.     On  the  12th  of  June,  C. 
C.  Gassett  was  murdered  on  his  farm  near  Ruby  City,  and  100  head  of  stock 
driven  off.     Early  in  July,  James  Perry,  of  Michigan,  was  murdered  by  the 
Indians,  his  arms  and  legs  chopped  off,  and  his  body  pinned  to  the  ground, 
along  with  a  man  named  Green,  treated  in  the  same  manner. 

9  Travellers  over  the  road  reported  over  100  unburied  bodies  of  Chinamen. 
The  number  killed  has  been  variously  reported  at  from  50  to  150.  One  boy 
escaped  of  the  whole  train.     He  re 

'  Me  bellee  good  Chinaman !    Me  no 

seemed  specially  inviting  to  the  savages.   Butler's  Life 

12.  Their  remains  were  afterward  gathered  and  buried  in  one  grave.  Starr's 

Idaho,  MS.,  2;   U.  S.  Sec.  Int.  Rept,  1867-8,  97,  40th  cong.  2d  sess.j  Owyhee 

Index,  May  26,  1866;  Owyhee  News,  June  1866. 


522  THE  SHOSHONE  WAR. 

along  the  road  for  six  miles.  This  slaughter  was  fol 
lowed  by  a  raid  on  the  horses  and  cattle  near  Boon- 
ville,  in  which  the  Indians  secured  over  sixty  head. 
As  they  used  both  horses  and  horned  stock  for  food, 
the' conclusion  was  that  they  were  a  numerous  people 
or  valiant  eaters. 

Repeated  raids  in  the  region  of  the  Owyhee,  with 
which  the  military  force  seemed  unable  to  cope,  led 
to  the  organization,  about  the  last  of  June,  of  a  volun 
teer  company  of  between  thirty  and  forty  men,  under 
Captain  I.  Jennings,  an  officer  who  had  served  in  the 
civil  war.  On  the  2d  of  July  they  came  upon  the 
Indians  on  Boulder  Creek,  and  engaged  them,  but 
soon  found  themselves  surrounded,  the  savages  being 
in  superior  force.  Upon  discovering  their  situation, 
the  volunteers  intrenched  themselves,  and  sent  a  mes 
senger  to  Camp  Lyon ;  but  the  Indians  were  gone 
before  help  came.  The  loss  of  the  volunteers  was  one 
man  killed  and  two  wounded.™  The  Indian  loss  was 
reported  to  be  thirty-five. 

The  commander  of  the  district  of  Boisd  did  not 
escape  criticism,  having  established  a  camp  on  the 
Bruneau  River  where  there  were  no  hostile  Indians, 
and,  it  was  said,  shirked  fighting  where  they  were.11 
But  during  the  month  of  August  he  scouted  through 
the  Goose  Creek  Mountains,  killing  thirty  Indians, 
after  which  he  marched  in  the  direction  of  the  forks  of 
the  Owyhee,  where  he  had  a  successful  battle,  and 
retrieved  the  losses  and  failure  of  the  spring  campaign 
by  hanging  thirty-five  captured  savages  to  the  limbs 
of  trees.12  He  proceeded  from  there  to  Steen  Moun- 

10  Thomas  B.  Cason,  killed;  Aaron  Winters  and  Charles  Webster  wounded. 
Cason  had  built  up  around  him  a  stone  fortification,  from  which  he  shot  in  the 
2  days  15  Indians,  and  was  shot  at  last  in  his  little  fortress.  Sec.  Int.'  Rept, 
1867-8,  iii.,  40th  cong.  2d  sess.,  pt  2,  97;  Boise  Statesman,  July  7  and  10, 
1866;  Sac.  Union,  July  28,  1868. 

11  Boise  Statesman,  July  20,  1866.     Marshall  designed  erecting  a  permanent 
post  on  the  Bruneau,  and  had  expended  several  thousand  dollars,  when  or 
ders  came  from  headquarters  to  suspend  operations.     A  one-company  camp 
was  permitted  to  remain  during  the  year. 

12  Treka  Union,  Oct.  20,  1866;  Hayes'  Scraps,  v.,  Indians,  228. 


INDIAN  DEPREDATIONS.  523 

tain,  Camp  Warner,  Warner  Lake,  where  he  arrived 
on  the  1st -of  October. 

In  the  mean  time  the  stage-lines  and  transportation 
companies,  as  well  as  the  stock-raisers,  on  the  route 
between  The  Dalles  and  Canon  City,  and  between 
Canon  City  and  Boise,  were  scarcely  less  annoyed  and 
injured  than  those  in  the  more  southern  districts.13 
Colonel  Baker  employed  his  troops  in  scouring  the 
country,  and  following  marauding  bands  when  their 
depredations  were  known  to  him,  which  could  not  often 
be  the  case,  owing  to  the  extent  of  country  over  which 
the  depredations  extended.  On  the  4th  of  July 
Lieutenant  R.  F.  Bernard,  with  thirty-four  cavalry 
men,  left  Camp  Watson  in  pursuit  of  Indians  who 

13  In  May  the  Indians  drove  off  a  herd  of  horses  from  the  Warm  Spring 
reservation,  and  murdered  a  settler  on  John  Day  River  named  John  Witner 
In  June  they  attacked  a  settler  on  Snake  River,  near  the  Weiser,  and  on  the 
mam  travelled  road,  driving  off  the  pack-animals  of  a  train  encamped  there 
i  ~u8*Bi  they  robbed  a  farm  on  Burnt  River  of  $300  worth  of  property 
while  the   men  were  mowing  grass  a  mile  away;  stole  54  mules  and  18  beef- 
cattle  from  Camp  Watson;  and  attacked  the  house  of  N.  J.  Clark   on  the 
road,  which  they  burned,  with  his  stables,  50  tons  of  hay,  and  l,00o' bushels 
Of  grain,  and  stole  all  his  farm  stock,  the   family  barely  escaping  with  their 
lives.     Eight  miles  from  Clark's  they  took  a  team  belonging  to  Frank  Thomp 
son.    About  the  same  time  they  murdered  Samuel  Leonard,  a  miner  at  Mormon 
Sf^S:     ^Jf.,      later,they  surprised  a  mining  camp  near  Canon  City,  killing 
Matthew  Wilson,  and  severely  wounding  David  Graham.     No  aid  could  be 
obtained  from  Camp  Watson,  the  troops  being  absent  in  pursuit  of  the  govern 
ment  property  taken  from  that  post.     In  Sept.  they  took  horses  from  a  place  on 
Clark  Creek,  from  Burnt  River,  and  the  ferry  at  the  mouth  of  Powder  River 
Ihey  pursued  and  fired  on  the  expressman  from  Mormon  Basin;  and  attacked 
the   stage  between   The  Dalles  and  Canon  City,  when   there  were  but  two 
persons  on  board,  Wheeler,  one  of  the  proprietors,  and  H.  C.  Paige,  express 
agent.     \\  heeler  was  shot  in  the  face,  but  showed  great  nerve,  mounting  one 
ot  the  horses  with  the  assistance  of  Paige,  who  cut  them  loose  and  mounted  one 
himself.      I  he  men  defended  themselves  and  escaped,  leaving  the  mail  and  ex 
press  matter  in  the  hands  of  the  Indians,  who  poured  the  gold-dust  out  on  the 
ground,  most  of  it  being  afterward  recovered.     The  money,  horses   and  other 
property  were  carried  off.     In  October  eleven  horses  were  stolen  from  a  party 
of  prospectors  on  Rock  Creek,  Snake  River.     In   Nov.   the  Indians   again 
visited  field's  farm,  and  stole  three  beef-cattle.     They  were  pursued  bv  the 
troops,  who  surprised  and  killed  several  of  them,  destroying  their  camp   and 
capturing  a  few  horses.     On  the  20th  a  party  of  hunters,  encamped  on  Canon 
Creek,  a  few  miles  from  Canon  City,  were  attacked,  and  J.  Kester  killed     The 
Indians  came  within  one  mile  of  Canon  City,  and  prepared  to  attack  a  house, 
but  being  discovered,  fled.     Early  in  December  they  stole  a  pack-train  from 
near  the  Canon  City  road.     They  were  pursued  by  a  detachment  of  twenty 
men  from  Baker  s  command,  under  Sergeant  Conner,  and  the  train  recovered, 
with  a  loss  to  the  Indians  of  fourteen  men  killed  and  five  women  captured 
6ec.  Int.  Rept,  1867-8,  pt  2,  95-100;  Dalies  Mountaineer,  Dec.  14,  1866 


524  THE  SHOSHONE  WAR. 

had  been  committing  depredations  on  the  Canon  City 
road,  and  marched  south  to  the  head- waters  of  Crooked 
River,  thence  to  Selvie  River  and  Harney  Lake, 
passing  around  it  to  the  west  and  south,  and  continuing 
south  to  Steen  Mountain;  thence  north-east  around 
Malheur  Lake,  and  on  to  the  head-waters  of  Malheur 
River,  where,  on  the  middle  branch,  for  the  first  time 
in  this  long  march,  signs  of  Indians  were  discovered. 

Encamping  in  a  secure  situation,  scouts  were  sent 
out,  who  captured  two.  Lieutenant  Bernard  himself, 
with  fifteen  men,  searched  for  a  day  in  the  vicinity 
without  finding  any  of  the  savages.  On  the  17th  he 
detached  a  party  of  nineteen  men,  under  Sergeant 
Conner,  to  look  for  them,  who  on  the  18th,  about 
eight  o'clock  in  the  morning,  on  Rattlesnake  Creek, 
discovered  a  large  camp,  which  he  at  once  attacked, 
killing  thirteen  and  wounding  many  more.  The  Ind 
ians  fled,  leaving  a  few  horses  and  mules,  but  taking 
most  of  their  property.  The  loss  on  the  side  of  the 
troops  was  Corporal  William  B.  Lord.  The  detach 
ment  returned  to  camp  on  the  evening  of  the  18th, 
where  they  found  a  company  of  forty-seven  citizens 
from  Auburn  in  Powder  River  Valley  in  search  of 
the  same  band. 

With  this  addition  to  his  force,  Bernard,  on  the 
19th,  renewed  the  pursuit,  and  found  the  Indians 
encamped  in  a  deep  canon  with  perpendicular  walls  of 
rock,  about  a  mile  beyond  their  former  camp,  which 
place  they  had  further  fortified,  but  which  on  discover 
ing  that  they  were  pursued  they  abandoned,  leaving  all 
their  provisions  and  camp  equipage  behind,  and  escap 
ing  with  only  their  horses  and  arms.  Leaving  the  citi 
zens  to  guard  the  pack-train,  Bernard,  with  thirty  men, 
followed  the  flying  enemy  for  sixty  miles  over  a  broken 
and  timbered  country,  passing  the  footmen,  who  scat 
tered  and  hid  in  the  rocks,  and  encamping  on  Selvie 
River.  During  the  night  the  footmen  came  together, 
and  passing  near  camp,  turned  off  into  some  low 
hills  covered  with  broken  rocks  and  juniper  trees. 


HALLECK'S  POLICY.  525 

Upon  being  pursued,  they  again  scattered  like  quail, 
and  only  two  women  and  children  were  captured. 
The  following  day  the  train  was  sent  for,  and  the  citi 
zens  notified  that  they  could  accomplish  nothing  by 
coming  farther.  Bernard  continued  to  follow  the 
trail  of  the  mounted  Indians  for  another  day,  when 
he  returned  to  Camp  Watson,  having  travelled  630 
miles  in  twenty-six  days.  He  spoke  of  a  report 
often  before  circulated  that  there  were  white  men 
among  the  Malheur  band  of  Shoshones,  the  troops 
having  heard  the  English  language  distinctly  spoken 
during  the  battle  of  the  1 8th.  He  estimated  the  num 
ber  of  Indians,  men,  women,  and  children,  at  300,  and 
the  fighting  men  at  eighty.  The  loss  of  all  their  pro 
visions  and  other  property,  it  was  thought,  would  dis 
able  them.14 

In  August  Lieutenant-colonel  R  F.  Beirne,  of  the 
14th  infantry,  from  Camp  Watson,  marched  from  The 
Dalles  along  the  Canon  City  road  to  Boise,  scouting 
the  country  along  his  route.  On  arriving  at  Fort 
Boise,  he  was  ordered  to  scout  the  Burnt  River  region, 
where  the  Indians  were  more  troublesome,  if  that 
were  possible,  than  ever  before.  The  same  was  true 
of  the  Powder  River  district  and  Canon  City;  and 
the  inhabitants  complained  that  the  troops  drove  the 
Indians  upon  the  settlements.  To  this  charge  Steele 
replied  that  this  could  not  always  be  avoided.  But 
the  people  of  the  north-eastern  part  of  Oregon  asserted, 
whether  justly  or  not,  that  Halleck  favored  California, 
by  using  the  main  strength  of  the  troops  in  his  divis 
ion  to  protect  the  route  from  Chico  to  the  Idaho  mines, 
so  that  the  California  merchants  should  be  able  to 
monopolize  the  trade  of  the  mines,  while  the  Oregon 
merchants  were  left  to  suffer  on  the  road  from 
the  Columbia  River  to  the  mines  of  Idaho,  or  to  protect 
themselves  as  they  best  could.  The  stage  company 
suffered  equally  with  packers  and  merchants. 

Finally  Halleck  visited  south-eastern  Oregon;  and 

uAUa  CaLiforniat  Aug.  22,  1866;  Mess,  and  Docs,  Abridg.  1866-7,  501. 


626  THE  SHOSHONE  WAR. 

going  to  Fort  Boise  by  the  well-protected  Chico  route, 
and  thence  to  the  Columbia  River,  travelling  with  an 
escort,  and  at  a  time  when  the  Indians  were  most 
quiet,  being  engaged  in  gathering  seeds  and  roots  for 
food,  he  saw  nothing  to  excite  apprehension. 

The  legislature,  which  met  in  September,  and  the 
new  governor,  George  L.  Woods,  were  urged  to  take 
some  action,  which  was  done.15  After  some  discussion, 
a  joint  resolution  was  passed,  October  7th,  that  if  the 
general  government  did  not  within  thirty  days  from 
that  date  send  troops  to  the  protection  of  eastern 
Oregon  the  governor  was  requested  to  call  out  a  suffi 
cient  number  of  volunteers  to  afford  the  necessary  aid 
to  citizens  of  that  part  of  the  state. 

General  Steele  had  been  quite  active  since  taking 
the  command  in  Oregon.  During  the  summer  he  had 
made  four  tours  of  inspection:  one  to  and  around 
Puget  Sound,  travelling  between  600  and  700  miles,  a 
part  of  the  time  on  horseback.  The  second  tour  was 
performed  altogether  on  horseback,  a  distance  of  over 
1,200  miles.  Leaving  The  Dalles  with  an  escort  of 
ten  men  and  his  aide-de-camp,  he  proceeded  to  Camp 
Watson,  where  he  took  one  of  the  cavalry  companies 
sent  to  that  post  in  April,  commanded  by  Major  E. 
Myers,  and  continued  his  journey  to  Camp  Curry 
and  Malheur  Lake.  While  encamped  on  the  east 
side  of  the  lake,  the  Indians  drove  off  fifty-two  pack- 
mules  belonging  to  the  escort.  They  were  pursued, 
and  the  animals  recovered,  except  three  which  had 
been  killed  and  eaten.  From  Lake  Malheur  Steele 
proceeded  without  further  interruption  to  Camp  Lyon, 
and  thence  to  Fort  Boise,  where  he  found  General  Hal- 
leek  and  staff,  returning  to  The  Dalles  by  the  usually 
travelled  road — leaving,  it  would  seem  by  the  com 
plaints  of  the  citizens  of  Eastern  Oregon,  Myers* 
company  in  the  Boise  country.  With  Halleck,  he 

15 See  Woods'  Rec.,  MS.;  also  U.  S.  Mess,  and  Docs,  1866-7,  503-4,  39th 
cong.  2d  sess;  Or.  Jour.  Senate,  1866,  51-5;  Portland  Oregonian,  July  14,  1866. 


STEELE'S  TOUR,  527 

next  inspected  the  forts  at  the  mouth  of  the  Colum 
bia;  and  on  the  13th  of  August  returned  to  Boise, 
crossing  Snake  River  at  the  mouth  of  the  Bru- 
neau,  examining  the  country  in  that  vicinity  with 
a  view  to  establishing  a  post.  From  Bruneau  Steele 
went  to  the  Owyhee  mines,  and  thence  to  the  forks 
of  the  Owyhee,  where  troops  were  encamped  watch 
ing  the  movements  of  the  Indians.  Taking  an  escort 
of  twenty  men,  under  Captain  David  Perry,  he  next 
proceeded  to  Alvord  Valley,  arriving  at  Camp  Smith 
on  the  6th  of  September.  Thence  he  returned  to  Fort 
Boise,  and  to  Vancouver  about  the  time  the  legislature 
was  considering  the  subject  of  raising  volunteers. 

Soon  after  the  return  of  Steele  and  his  interview 
with  Woods,  recruiting  for  the  8th  regiment  United 
States  cavalry  was  begun  in  the  Willamette  Valley, 
but  progressed  slowly,  the  recruiting  service  having 
been  injured  by  the  action  of  the  legislature,  which 
held  out  the  prospect  of  a  volunteer  organization,  in 
which  those  who  would  enlist  preferred  to  serve.  The 
movement  to  recruit,  however,  by  promising  to  put  an 
additional  force  in  the  field,  arrested  the  volunteer 
movement,  and  matters  were  left  to  proceed  as 
formerly.16 

16  In  Sept.  the  Owyhee  stage  was  attacked  and  two  men  shot.  In  Nov. 
the  Indians  fired  on  loaded  teams  entering  Owyhee  mines  from  Snake  River 
by  the  main  road,  and  killed  a  man  named  McCoy,  besides  wounding  one 
Adams.  They  fired  on  the  Owyhee  ferry,  and  on  a  detachment  of  cavalry, 
both  attacks  being  made  in  the  night,  and  neither  resulting  in  anything  more 
serious  than  killing  a  horse,  and  driving  off  fourteen  head  of  cattle.  During 
the  autumn  a  party  of  68  Idaho  miners  were  prospecting  on  the  upper  waters 
of  Snake  River.  A  detachment  of  eleven  men  were  absent  from  the  mam 
party  looking  for  gold,  when  one  of  the  eleven  separated  himself  from  them, 
to  look  for  the  trail  of  others.  On  returning,  he  saw  that  the  detachment 
had  been  attacked,  and  hastened  to  report  to  the  main  company,  who,  on  reach 
ing  the  place,  found  all  ten  men  murdered.  Their  names,  so  far  as  known, 
were  Bruce  Smith,  Edward  Riley,  David  Conklin,  William  Strong,  and 
George  Ackleson.  This  party  were  afterward  attacked  in  Montana  by  the 
Sioux,  when  Col  Rice  and  William  Smith  were  killed,  and  several  wounded. 
See  account  in  Portland  Oregonian,  Nov.  28,  1866.  On  the  8th  of  Nov.  the 
Owyhee  stage  was  attacked  within  four  miles  of  Snake  River  crossing,  a  passen 
ger  named  Wilcox  killed,  another,  named  Harrington,  wounded  in  the  hip, 
and  the  driver,  Waltermire,  wounded  in  the  side.  The  driver  ran  his  team 
two  miles,  pursued  by  the  Indians,  who  kept  tiring  on  the  stage,  answered  by 
passengers  who  had  arms.  The  wheel-horses  being  at  last  shot,  the  party 
were  forced  to  run  for  their  lives,  and  escaped.  On  returning  with  assistance, 


528  THE  SHOSHONE  WAR. 

But  it  cannot  be  said  that  Steele  did  not  keep 
his  troops  in  motion.  He  decided  also  to  try  the 
effect  of  a  winter  campaign,  and  reestablished  several 
camps,  besides  establishing  Camp  Warner,  on  the 
west  side  of  Warner  Lake,  and  Camp  Three  Forks 
of  Owyhee  on  the  head  of  the  north  branch  of  that 
river,  on  the  border  of  the  Flint  district,  and  throw 
ing  a  garrison  into  each  of  the  two  abandoned  forts 
of  Lapwai  and  Walla  Walla.  Two  or  three  more 
cavalry  companies  arrived  before  December,  there 
being  then  seven  in  Oregon  and  Idaho,  besides  five 
companies  of  the  14th  infantry,  one  of  the  1st  Oregon 
infantry,  and  five  of  artillery  in  the  department. 

A  number  of  scouting  parties  were  out  during  the 
autumn,  scouring  the  south-eastern  part  of  Oregon, 
skirmishing  here  and  there,  seldom  inflicting  or  sus 
taining  much  loss.  On  the  26th  of  September  fifty 
cavalrymen  under  Lieutenant  Small  attacked  the 
enemy  at  Lake  Abert,  in  the  vicinity  of  Camp  War 
ner,  and  after  a  fight  of  three  hours  routed  them,  kill 
ing  fourteen  and  taking  seven  prisoners.  Their  horses, 
rifles,  and  winter  stores  fell  into  the  hands  of  the 
troops. 

On  the  morning  of  the  15th  of  October  Lieutenant 
Oatman,  1st  Oregon  infantry,  from  Fort  Klamath, 
with  twenty-two  men  and  five  Klamaths  as  scouts, 
set  out  for  Fort  Bidwell  to  receive  reinforcements 
and  provisions  for  an  extended  scouting  expedition. 
He  was  joined  by  Lieutenant  Small  with  twenty-seven 
cavalrymen.  The  command  marched  to  the  Warner 

Wilcox  was  found  scalped  and  mutilated.  The  mail-bags  were  cut  open  and 
contents  scattered.  In  Dec.  twenty  savages  attacked  the  Cow  Creek  farm  in 
Jordan  Valley,  and  taking  possession  of  the  stable,  riddled  the  house  with 
bullets  and  arrows.  Having  frightened  away  the  inmates,  they  drove  off 
all  the  cattle  on  the  place.  They  were  pursued,  and  the  cattle  recovered.  U. 
S.  Sec.  Int.  Rept,  99-100,  vol.  iii.,  4th  cong.  2d  sess.  Dalles  Mountaineer,  Dec. 
7,  1866;  Owyhee  Avalanche,  Nov.  17,  1866;  Idaho  World,  Nov.  24,  1866.  On 
the  30th  of  Oct.  the  Indians  raided  Surprise  Camp,  a  military  station,  carry 
ing  off  grain,  tents,  tools,  etc.  Major  Walker,  promoted  from  captain,  pur 
sued  them,  when  they  divided  their  force,  sending  off  their  plunder  with 
some,  while  a  dozen  of  them  charged  the  soldiers.  Four  Indians  were  killed 
and  the  rest  escaped.  Boise  Statesman,  Nov.  8,  1866. 


OATMAN'S  FIGHT.  529 

Lake  basin,  seeking  the  rendezvous  of  the  enemy. 
Two- days  were  spent  in  vain  search,  when  the  com 
mand  undertook  to  cross  the  mountains  to  Lake 
Abert,  at  their  western  base,  being  guided  by  Blow, 
a  Klamath  chief.  After  proceeding  six  miles  in  a 
direct  course,  a  deep  canon  was  encountered  running 
directly  across  the  intended  route,  which  was  followed 
for  ten  miles  before  any  crossing  offered  which  would 
permit  the  troops  to  pass  on  to  the  west.  Such  a  cross 
ing  was  at  last  found,  the  mountains  being  passed  on 
the  26th,  and  at  eleven  o'clock  of  the  day  the  command 
entered  the  beautiful  valley  of  the  Chewaucan  by  a 
route  never  before  travelled  by  white  men. 

About  two  and  a  half  miles  from  the  point  where 
they  entered  the  valley,  Indians  were  discovered  run 
ning  toward  the  mountains.  Being  pursued  by  the 
troops,  they  took  up  their  position  in  a  rocky  canon. 
Leaving  the  horses  with  a  guard,  the  main  part  of  the 
command  advanced,  and  dividing,  passed  up  the  ridges 
on  both  sides  of  the  ravine,  while  a  guard  remained 
at  its  mouth.  At  twelve  o'clock  the  firing  began,  and 
was  continued  for  three  hours.  Fourteen  Indians 
were  killed,  and  twice  as  many  wounded.  The  Indians 
then  fled  into  the  mountains,  and  the  troops  returned 
to  their  respective  posts.17 

Early  in  November  the  Shoshones  under  Panina 
threatened  an  attack  on  the  Klamath  reservation,  in 
revenge  for  the  part  taken  against  them  by  the  Klam- 
aths  in  acting  as  scouts.  With  a  promptness  unusual 
with  congress,  the  treaty  made  with  Panina  in  Sep 
tember  1865  had  been  ratified,18  and  this  chief  was 
under  treaty  obligations.  But  true  to  his  threat,  he 
invaded  the  Sprague  River  Valley,  where  the  chief  of 
the  Modocs  had  his  home,  stealing  some  of  Sconchin's 
horses.  In  return,  Sconchin  pursued,  capturing  two 
Snake  women.  He  reported  to  the  agent  on  the 

17  Jacksonville  Reporter,  Nov.  3,  1866;  Dalles  Mountaineer,  Dec.  7,  1866. 

18  Cong.  Globe,  1865-6,  pt  v.  ap.  402. 

HIST.  Oa.,  VOL.  II.    34 


530  THE  SHOSHONE  WAR. 

reservation  that  he  had  conversed  with  some  of 
Panina's  head  men,  at  a  distance,  in  the  manner  of 
Indians,  and  learned  from  them  that  the  Snakes  were 
concentrating  their  forces  near  Goose  Lake,  prepara 
tory  to  invading  the  reservation,  and  capturing  the 
fort.  Applegate,  the  agent,  notified  Sprague,  who 
reported  to  his  superiors,  saying  that  he  had  not  men 
enough  to  defend  the  reservation  and  search  for  the 
enemy.  The  Shoshones  did  in  fact  come  within  a 
few  miles  of  the  post,  where  they  were  met  and  fought 
by  the  troops  and  reservation  Indians,  losing  thirteen 
killed  and  others  wounded.  Meanwhile  the  troops 
were  gradually  and  almost  unconsciously  surrounding 
the  secret  haunts  of  the  hostile  Shoshones  in  Oregon, 
their  successes  being  in  proportion  to  their  nearness  of 
approach,  the  attacking  party  on  either  side  being 
usually  victorious.19 

About  this  time  the  controversy  between  the  civil 
and  military  authorities  took  a  peculiar  turn.  The 
army  bill  of  1866  provided  for  attaching  Indian  scouts 
to  the  regular  forces  engaged  in  fighting  hostile  bands; 
and  certain  numbers  were  apportioned  among  the  states 
and  territories  where  Indian  hostilities  existed,  the 
complement  of  Oregon  being  one  hundred.  Governor 
Woods  made  application  to  General  Steele  to  have 
these  hundred  Indians  organized  into  two  companies 
of  fifty  each,  under  commanders  to  be  selected  by 
himself,  and  sent  into  the  field  independently  of  the 
regular  troops,  but  to  act  in  conjunction  with  them. 
This  proposition  Steele  declined,  on  the  ground  that 
the  army  bill  contemplated  the  employment  of  Indians 
as  scouts  only,  in  numbers  of  ten  or  fifteen  to  a  com 
mand. 

19  In  Oct.  Lieut  Patton,  of  Capt  Hunt's  company,  with  10' men,  had  a  skir 
mish  on  Dunder  and  Blitzen  Creek,  which  runs  into  Malheur  Lake  from  the 
south,  killing  6  out  of  75  Indians,  with  a  loss  of  1  man,  and  4  horses  wounded. 
Boise  Statesman,  Oct.  27, 1866.  Capt.  O'Beirne  also  had  a  fight  on  the  Owyhee 
in  Nov.,  in  which  he  killed  14  and  captured  10,  losing  one  man  wounded  and  a 
citizen,  S.  C.  Thompson,  killed.  Id.  Nov.  17,  1866;  Owyhee  Avalanche,  Nov. 
10,  1SG6.  Baker's  command,  in  Nov.  and  Dec.,  killed  about  60  Indians.  Dalles 
.Mountaineer,  Dec.  14,  1866;  Sec.  War  Kept,  i.  481-2,  40th  cong.  2d  sess. 


INDIAN  COMPANIES.  531 

Being  refused  by  Steele,  Woods  appealed  to  Hal- 
leek  as  division  commander,  who  also  refused,  using 
little  courtesy  in  declining.  The  quarrel  now  became 
one  in  which  the  victory  would  be  with  the  stronger. 
Woods  telegraphed  to  the  secretary  of  war  a  state 
ment  of  the  case,  and  asked  for  authority  to  carry 
out  his  plan  of  fighting  Indians  with  Indians.  Secre 
tary  Stanton  immediately  ordered  Halleck  to  conform 
his  orders  to  the  wishes  of  the  governor  of  Oregon  in 
this  respect ;  and  thus  constrained,  authority  was  given 
by  Halleck  to  Woods  to  organize  two  companies  of 
fifty  Indians  each,  and  appoint  their  officers.  Accord 
ingly,  W.  C.  McKay  and  John  Darragh,  both  familiar 
with  the  Indian  language  and  customs,  were  appointed 
lieutenants,  to  raise  and  command  the  Indian  com 
panies,  which  were  sent  into  the  field,  with  the  humane 
orders  to  kill  and  destroy  without  regard  to  age,  sex, 
or  condition.20 

About  the  time  that  the  Warm  Spring  Indians 
took  the  field,  George  Crook,  lieutenant-colonel  23d 
infantry,  a  noted  Indian-fighter  in  California,  was 
ordered  to  relieve  Marshall  in  the  command  of  the 
district  of  Boise,21  as  the  Idaho  newspapers  said,  "to 

20  Lieuts  McKay  and  Darragh,  in  giving  a  personal  account  of  their  expedi 
tion,  relate  that  their  command  killed  fourteen  women  and  children,  which  was 
done  in  accordance  with  written  and  verbal  instructions  from  headquarters  of 
the  military  district,  and  much  against  the  wishes  of  the  Indian  scouts,  who 
remonstrated  against  it,  on  the  ground  that  the  Snakes,  in  their  next  inroad, 
would  murder  their  wives  and  children.  U.  S.  Sec.  Int.  Kept,  1867-8,  vol.  iii., 
pt  iL,  101,  40th  cong.  2d  sess.     Woods'  apology  was  that  the  women  of  the 
Snake  tribe  were  the  most  brutal  of  murderers,  and  had  assisted  in  the  fiendish 
tortures  of  Mrs  and  Miss  Ward,  and  other  immigrant  women,  for  which  they 
deserved  to  suffer  equally  with  the  men. 

21  See  Recollections  of  O.  L.  Woods,  a  manuscript  dictation  containing  many 
terse  and  vivid  pictures  of  the  modern  actors  in  our  history;  also  Overland 
Monthly,  vol.  ii.,  p.  162,  1869. 

The  following  is  a  complete  roster  of  the  officers  in  the  department  of  the 


Columbia  in  the  autumn  of  1866:  Department  staff:  Frederick  Steele,  major- 
gen,  commanding  department.  George  Macomber,  2d  lieut  14th  inf.,  A.  A. 
insp.-gen.  Henry  C.  Hodges,  capt..  A.  Q.  M.,  bvt  lieut-col  U.  S.  A.,  chief  Q. 
M.  Sam.  A.  Foster,  capt.,  C.  S.,  bvt  major  U.  S.  A.,  C.  C.  S.,  Act.  A.  A.  G. 
P.  G.  S.  Ten  Broek,  surgeon  U.  S.  A.,  bvt  lieut-col,  medical  director. 
George  Williams,  brevet  capt.  U.  S.  A.,  aide-de-camp.  Richard  P.  Strong,  1st 
lieut  7th  inf.,  aide-de-camp.  Stations  and  commands:  Fort  Colville,  Capt. 
John  S.  Wharton,  co.  G,  14th  inf.  Fort  Lapwai,  Lt  J.  H.  Gallagher,  14th 


532  THE  SHOSHONE  WAR. 

the  satisfaction  of  everybody."  General  Crook  was  a 
man  of  quiet  determination,  and  the  people  of  Oregon 
and  Idaho  expected  great  things  of  him.  Nor  were 
they  disappointed,  for  to  him  is  due  the  credit  of  sub 
duing  the  hostile  tribes  on  the  Oregon  and  California 
frontier,  and  in  Idaho.  When  the  war  began,  eastern 
Oregon  was  for  the  most  part  a  terra  incognita,  and 
the  Oregon  cavalry  had  spent  four  years  in  exploring 
it  and  tracking  the  Indians  to  their  hitherto  unknown 
haunts.  And  now  the  most  efficient  officers  decided 
that  the  Indians  must  be  fought  in  the  winter,  and 
Steele,  after  brief  observation,  adopted  the  theory. 
Then  Governor  Woods  had  thrown  into  the  field  the 
best  possible  aids  to  the  troops  in  his  two  companies 
of  Indian  allies. 

When  Crook  assumed  command  in  the  Boise  dis 
trict  the  Indians  were  already  hemmed  in  by  a  cordon 
of  camps  and  posts,  with  detachments  continually  in 
the  field  harassing  and  reducing  them.  About  the 
middle  of  December  Crook  took  the  field  with  forty 
soldiers  and  a  dozen  Warm  Spring  allies.  On  the 
Owyhee  he  found  a  body  of  about  eighty  warriors 
prepared  for  battle.  Leaving  ten  men  to  guard  camp, 
he  attacked  with  the  remainder,  fighting  for  several 
hours,  when  the  savages  fled,  leaving  some  women 
and  children  and  thirty  horses  in  his  hands.  Twenty- 

inf . ,  co.  E,  8th  cav.  Fort  Walla  Walla,  Lt  Oscar  I.  Converse,  co.  D,  8th  cav. 
Fort  Stevens,  Capt.  Leroy  L.  James,  co.  C,  2d  art.  Cape  Hancock,  Capt.  John 
I.  Rogers,  co.  L,  2d  art.  Fort  Steilacoom,  Capt.  Chas  H.  Peirce,  co.  E,  2d 
art.  San  Juan  Island,  Capt.  Thomas  Grey,  co.  I,  2d  art.  Fort  Vancouver, 
Col  G.  A.  H.  Blake,  IstU.  S.  cav.,  field,  staff,  and  band;  Bvt  lieut-col  Albert  O. 
Vincent,  co.  F,  2d  art. ;  Capt.  William  Kelly,  co.  C,  8th  cavalry.  Vancouver 
Arsenal,  Bvt  capt.  L.  S.  Babbitt,  det.  ordnance  corps.  Camp  Watson,  Bvt. 
lieut-col  Eugene  M.  Baker,  co.  I,  1st  cav. ;  Lieut  Amandus  C.  Kistler,  co.  F, 
14th  inf.  Camp  Logan,  Lieut  Charles  B.  Western,  14th  inf.,  co.  F,  8th  cav. 
Fort  Klamath,  Capt.  F.  B.  Sprague,  co.  I,  1st  Or.  inf.  volunteers.  Boise  Dis 
trict:  Fort  Boise",  Bvt  maj.-gen.  George  Crook,  23d  inf.;  Bvt  col  James  B.  Sin 
clair,  co.  H,  14th  inf.  Camp  Three  Forks,  I.  T.,  Bvt  lieut-col  John  J.  Cop- 
pinger,  cos  A  and  F,  14th  inf.  Camp  C.  F.  Smith,  Capt.  J.  H.  Walker,  co. 
C,  14th  inf.  Camp  Warner,  Capt.  P.  Collins,  cos  B  and  D,  14th  inf.;  Bvt 
major  Edward  Myers,  co.  H,  1st  cavalry.  Camp  Lyon,  I.  T.,  Capt.  James  C. 
Hunt,  co.  M,  1st  cav.  Off.  Arm.  Regis. ,  1866,  67;  Portland  Ore;/onian,  Dec. 
22,  1866.  Capt.  David  Perry  superseded  Marshall  at  Fort  Bois<5  in  the  interim 
before  Crook's  arrival;  and  Major  Rheinhart,  1st  Or.  inf.,  was  in  command  at 
Fort  Klamath  during  the  summer  of  1866. 


CROOK'S  CAMPAIGNS.  533 

five  or  thirty  Indians  were  killed.  Crook  lost  but 
one  man,  Sergeant  O'Toole,  who  had  fought  in  twenty- 
eight  battles  of  the  rebellion. 

In  January  1867  Crook's  men  again  met  the 
enemy  about  fifteen  miles  from  the  Owyhee  ferry,  on 
the  road  to  California.  His  Indian  scouts  discovered 
the  Snake  camp,  which  was  surprised  and  attacked  at 
daylight.  In  this  affair  sixty  Indians  were  killed  and 
thirty  prisoners  taken,  with  a  large  number  of  horses. 
A  man  named  Hanson,  a  civilian,  was  killed  in  the 
charge,  and  three  of  Crook's  men  wounded.  Soon 
after  a  smaller  camp  was  discovered;  five  of  the  sav 
ages  were  killed,  and  the  remainder  captured.  An 
Indian  wTas  recognized  among  the  prisoners  who  had 
before  been  captured  and  released  on  his  promise  to 
refrain  from  warlike  practices  in  the  future,  and  was 
shot  for  violating  his  parole.22  From  the  Owyhee 
Crook  proceeded  toward  Malheur  lake  and  river,  in 
the  vicinity  of  which  the  Warm  Spring  Indian  com 
panies  had  been  operating.  On  the  6th  of  January 
McKay  attacked  a  camp,  killing  three,  taking  a  few 
horses  and  some  ammunition.  He  discovered  the 
headquarters  of  Panina,  who  had  fortified  himself  on 
a  mountain  two  thousand  feet  in  height,  and  climbing 
the  rocks  with  his  men,  fought  the  chief  a  whole  day 
without  gaining  much  advantage,  killing  three  Sho- 
shones,  and  having  one  man  and  several  horses 
wounded.  The  same  night,  however,  he  discovered 
another  hostile  camp,  attacking  which  he  killed 
twelve,  and  took  some  prisoners.  The  snow  being 
fourteen  to  eighteen  inches  deep  in  north-eastern 
Oregon  at  this  time,  the  impossibility  of  keeping  up 
the  strength  of  their  horses  compelled  the  scouts  to 
suspend  operations. 

Meanwhile,  notwithstanding  the  exertions  of  the 
troops,  it  was  impossible  to  check  the  inroads  of  the 
Indians.  Only  a  few  years  previous  to  the  breaking 

22  U.  8.  Int.  Kept,  1867-8.  vol.  iii.  188,  40th  cong.  2d  sess;  Owyhee  Ava 
lanche,  Jan.  5,  1867. 


534  THE  SHOSHONE  WAR. 

out  of  the  Shoshone  war  this  tribe  was  treated  with 
contempt,  as  incapable  of  hostilities,  other  than  petty 
thefts  and  occasional  murders  for  gain.  When  they 
first  began  their  hostile  visits  to  the  Warm  Spring 
reservation  Robert  Newell,  one  well  acquainted  with 
the  character  of  the  different  tribes,  laughed  at  the 
terror  they  inspired,  and  declared  that  three  or  four 
men  ought  to  defend  the  agency  against  a  hundred  of 
them.  But  a  change  had  come  over  these  savages 
with  the  introduction  of  fire-arms  and  cattle.  From 
cowardly,  skulking  creatures,  whose  eyes  were  ever 
fastened  on  the  ground  in  search  of  some  small  living 
thing  to  eat,  the  Shoshones  had  come  to  be  as  much 
feared  as  any  savages  in  Oregon.23 

As  early  as  the  middle  of  March  detachments  of 
troops  were  moving  on  the  Canon  City  road,  and  fol 
lowing  the  trails  of  the  marauders.  They  travelled 
many  hundred  miles,  killing  with  the  aid  of  the  allies 
twenty-four  Indians,  taking  a  few  prisoners,  and  de 
stroying  some  property  of  the  enemy.  On  the  27th 
of  July  Crook,  while  scouting  between  Camp  C.  F. 
Smith  and  Camp  Harney  with  detachments  from 
three  companies  of  cavalry,  travelling  at  night  and 

23  For  example,  it  takes  a  brave  and  somewhat  chivalrous  savage  to  rob  a 
stage.  On  March  25th,  as  the  Bois6  and  Owyhee  stage  was  coming  down  the 
ravine  toward  Snake  River  from  Reynolds  Creek,  it  was  attacked  by  eight 
ambushed  Indians.  The  driver,  William  Younger,  was  mortally  wounded. 
James  Ullman,  a  California  pioneer,  a  Bois6  pioneer,  a  merchant  of  Idaho,  in 
attempting  to  escape,  was  overtaken  and  killed.  The  mail  and  contents  of  the 
coach  were  destroyed  or  taken.  The  same  band  killed  Bouchet,  a  citizen  of 
Owyhee.  A  few  days  previously  they  had  raided  a  farm,  and  driven  off  23 
cattle  from  Reynolds  Creek.  On  the  25th  of  April,  8  Shoshones  raided  the 
farm  of  Clano  and  Cosper,  on  the  Canon  City  road,  and  secured  25  cattle  and  2 
horses.  They  were  pursued  by  J.  N.  Clark,  whose  house  and  barn  they  had 
destroyed  in  Sept.,  who,  with  Howard  Maupin  and  William  Ragan,  attacked 
them  as  they  were  feasting  on  an  ox,  killing  4  and  recovering  the  stock. 
One  of  the  Indians  killed  by  Clark  was  the  chief  Panina.  In  the  same 
month  Fraser  and  Stack  were  killed  near  their  homes  on  Jordan  Creek.  In 
May  they  attacked  C.  Shea,  a  herder  on  Sinker  Creek,  and  were  repelled  and 
pursued  by  8  white  men,  who,  however,  barely  escaped  with  their  lives. 
Two  men,  McKnight  and  Polk,  being  in  pursuit  of  Shoshones,  were  wounded, 
McKnight  mortally.  The  savages  burned  a  house  and  barn  near  Inskip'a 
farm,  Owyhee,  and  drove  off  the  stock,  which  the  troops  finally  recov 
ered.  They  killed  three  men  in  Mormon  Basin.  On  every  road,  in  any 
direction,  they  made  their  raids,  firing  on  citizens  and  stealing  stock.  U.  S. 
Sec.  Int.  Rept,  1867-8,  iii.  101-3,  40th  cong.  2d  sess. 


INDIAN  ALLIES  AND  RESERVATIONS.  635 

lying  concealed  by  day,  came  upon  a  large  body  of 
the  enemy  in  a  canon  in  the  Puebla  Mountains.  He 
had  with  him  the  two  companies  of  allies,  composed 
of  Warm  Spring,  Columbia  River,  and  Boise  Sho- 
shones,  the  first  eager  for  an  opportunity  of  aveng 
ing  themselves  on  an  hereditary  foe.  They  were 
allowed  to  make  the  attack,  leaving  the  troops  in  re 
serve.  The  Shoshones  were  completely  surrounded, 
and  the  allies  soon  had  thirty  scalps  dangling  at  their 
belts.  It  was  rare  sport  for  civilization,  this  making 
the  savages  fight  the  savages  for  its  benefit.2*  Pro 
ceeding  toward  and  when  within  eight  miles  of  the 
post,  another  Indian  camp  was  discovered  and  sur 
rounded  as  before,  the  allies  being  permitted  to  per 
form  the  work  of  extermination. 

From  observing  that  the  Indians  were  constantly 
well  supplied  with  ammunition,  and  that  although  so 
many  and  severe  losses  were  sustained  the  enemy 
were  not  disheartened  nor  their  number  lessened, 
General  Crook  came  to  the  conclusion  that  it  was  not 
the  Oregon  tribes  alone  he  was  fighting.  From  a  long 
experience  in  Indian  diplomacy,  he  had  discovered  that 
reservations  were  a  help  rather  than  a  hinderance  to 
Indian  warfare,  premising  that  the  reservation  Indians 
were  not  really  friendly  in  their  dispositions.  It  was 
impossible  always  to  know  whether  all  the  Indians 
belonging  to  a  reservation  were  upon  it  or  not,  or 
what  was  their  errand  when  away  from  it.  An  Indian 
thought  nothing  of  travelling  two  or  three  hundred 
miles  to  steal  a  horse — in  fact,  the  farther  his  thefts 
from  the  reservation  the  better,  for  obvious  reasons. 
He  was  less  liable  to  detection ;  and  then  he  could  say 
he  had  been  on  a  hunting  expedition,  or  to  gather  the 
seeds  and  berries  which  were  only  to  be  found  in 
mountains  and  marshes,  where  the  eye  of  the  agent 
was  not  likely  to  follow  him.  Meantime  he,  with 

24  See  Owyliee  A valanche,  in  Orefjonian,  Aug.  24,  1867.  'The  troops  did  not 
fire  a  shot.'  Boise  Statesman,  in  Shasta  Courier,  Aug.  31,  1867. 


536  THE  SHOSHONE  WAR. 

others  like-minded,  could  make  a  rapid  journey  into 
Oregon,  leaving  his  confederates  on  the  reservation, 
who  would  help  him  to  sell  the  stolen  horses  on  his 
return  for  arms  and  ammunition,  and  who  in  their 
turn  would  carry  these  things  to  the  Oregon  Indians 
to  exchange  for  other  stolen  horses.  There  were 
always  enough  low  and  vicious  white  men  in  the  neigh 
borhood  of  reservations  to  purchase  the  property  thus 
obtained  by  the  Indians  and  furnish  them  with  the 
means  of  carrying  on  their  nefarious  practices.  By  this 
means  a  never-failing  supply  of  men,  arms,  and  ammu 
nition  was  pouring  into  Oregon,  furnished  by  the 
reservation  Indians  of  California.  Such,  at  all  events, 
was  the  conviction  of  Crook,  and  he  determined  to  act 
upon  it  by  organizing  a  sufficient  force  of  cavalry  in 
his  district  to  check  the  illicit  trade  being  carried  on 
over  the  border. 

It  was  the  intention  of  Crook  to  have  his  troops 
ready  for  prosecuting  the  plan  of  intercepting  these 
incursions  from  California  by  the  1st  of  July;  but 
owing  to  delay  in  mounting  his  infantry,  and  getting 
supplies  to  subsist  the  troops  in  the  field,  the  proposed 
campaign  was  retarded  for  nearly  two  months.  The 
rendezvous  for  the  expedition  was  Camp  Smith,  on 
the  march  from  which  point  to  Camp  Warner,  in 
July,  his  command  intercepted  two  camps  of  the  mi 
gratory  warriors,  and  killed  or  captured  both.  Crook 
left  Camp  Warner  on  the  29th  of  July  with  forty 
troops  under  Captain  Harris,  preceded  by  Darragh 
with  his  company  of  scouts,  with  a  view  of  selecting 
a  site  for  a  new  winter  camp,  the  climate  of  Warner 
being  too  severe.25  Passing  southerly  around  the 
base  of  Warner  buttes,  and  north  again  to  the  Drew 
crossing  of  the  shallow  strait  between  Warner  lakes, 

25  The  winter  of  1866-7  was  very  severe  in  the  Warner  Lake  region,  which 
has  an  altitude  of  nearly  5,000  feet.  One  soldier,  a  sergeant,  got  lost,  and 
perished  in  the  snow.  The  entire  company  at  Camp  Warner  were  compelled 
to  walk  around  a  small  circle  in  the  snow  for  several  nights,  not  daring  to 
lie  down  or  sleep  lest  they  should  freeze  to  death.  Owyhee  Avalanche,  April 
6,  1867;  Portland  Uregonian,  Aug.  24,  1867. 


DISTRICT  CHANGES.  537 


he  encamped  on  Honey  Creek,  fifteen  miles  north-west 
of  Warner,  where  he  found  Darragh,  whom  he  followed 
the  next  day  up  the  creek  ten  miles,  finding  that  it 
headed  in  a  range  of  finely  timbered  mountains  trend 
ing  north  and  south,  with  patches  of  snow  on  their 
summits.  On  the  31st  the  new  camp  was  located 
in  an  open-timbered  country,  on  the  eastern  boun 
dary  of  California,  and  received  the  name  of  New 
Warner.  It  was  500  feet  lower  than  the  former 
camp.  On  the  1st  of  August  the  command  re 
turned,  having  discovered  some  fresh  trails  leading 
toward  California,  and  confirming  the  theory  of  the 
source  of  Indian  supplies.  At  Camp  Warner  were 
found  Captain  Perry  and  McKay,  who  had  returned 
from  a  scout  to  the  south-east  without  finding  an 
Indian;  while  Archie  Mclntosh,  a  half-breed  Boise 
scout,  had  brought  in  eleven  prisoners,  making  forty- 
six  killed  arid  captured  by  the  allies  within  two  weeks. 

On  the  3d  of  August  Crook  set  out  on  a  recon- 
noissance  to  Selvie  River  and  Harney  Valley,  with 
the  object  of  locating  another  winter  post,  escorted  by 
Lieutenant  Stanton,  with  a  detachment  of  Captain 
Perry's  company,  and  Archie  Mclntosh  with  fifteen 
scouts.  The  point  selected  was  at  the  south  end  of 
the  Blue  Mountains,  on  the  west  side,  and  the  camp 
was  named  Harney.26 

On  the  16th  of  August,  by  a  general  order  issued 
from  headquarters  military  division  of  the  Pacific, 
the  district  of  Boise  was  restricted  to  Fort  Boise. 
Camp  Lyon,  Camp  Three  Forks  of  the  Owyhee,  and 
Camp  C.  F.  Smith  were  made  to  constitute  the  dis 
trict  of  Owyhee,27  and  placed  under  the  command 
of  General  Elliott,  1st  cavalry.  Fort  Klamath  and 
camps  Watson,  Warner,  Logan,  and  Harney  were 
designated  as  constituting  the  district  of  the  lakes, 
and  "assigned  to  the  command  of  Crook,  who  also  had 

™Gen.  Orders  Dept  Columbia,  Nov.  26,  1867. 

27  A  few  months  later  Bois6  was  incorporated  in  the  district  of  Owyhee. 


538  THE  SHOSHONE  WAR, 

command  of  the  troops  at  Camp  Bidwell,  should  he 
require  their  services. 

Having  at  last  obtained  a  partial  mount  for  his 
infantry,  Crook  set  out  about  September  1st  for  that 
part  of  the  country  from  which  he  believed  the  re- 
enforcements  of  the  Indians  to  come,  with  three  com 
panies  of  cavalry,  one  of  mounted  infantry,  and  all 
the  Indian  allies.  It  was  hoped  by  marching  at  night 
and  lying  concealed  by  day  to  surprise  some  consid 
erable  number  of  the  enemy.  But  it  was  not  until 
the  9th  that  Darragh  reported  finding  Indians  in  the 
tules  about  Lake  Abert.  On  proceeding  from  camp 
on  the  east  side  of  Goose  Lake  two  days  in  a  north 
course,  the  trail  of  a  party  of  Indians  was  discovered, 
but  Crook  believed  them  to  be  going  south,  and  di 
viding  his  force,  sent  captains  Perry  and  Harris  and 
the  Warm  Spring  allies  north  to  scout  the  country 
between  Sprague  and  Des  Chutes  rivers,  taking  in 
Crooked  River  and  terminating  their  campaign  at 
Camp  Harney  in  Harney  Valley. 

At  the  same  time  he  took  a  course  south-east  to 
Surprise  Valley,  with  the  mounted  infantry  under 
Madigan,  one  cavalry  company  under  Parnell,  and  the 
Boise  scouts  under  Mclntosh.  Having  found  that 
there  were  Indians  in  the  mountains  east  of  Goose 
Lake,  but  having  proof  that  they  had  also  discovered 
him,  instead  of  moving  at  night,  as  heretofore,  he 
made  no  attempt  to  conceal  himself,  but  marched 
along  the  road  as  if  going  to  Fort  Crook,  and  actually 
did  march  to  within  twenty  miles  of  it;  but  when  he 
came  to  a  place  where  he  was  concealed  by  the  moun 
tains  along  the  river  on  the  south  side,  he  crossed 
over  and  encamped  in  a  timbered  canon. 

On  the  25th  the  command  was  marched  in  a  course 
south-east,  along  the  base  of  a  spur  of  the  mountains 
covered  with  timber.  While  passing  through  a  ra 
vine  a  small  camp  of  Indians  was  discovered,  who 
fled,  and  were  not  pursued.  Coming  soon  after  to  a 
plain  trail  leading  toward  the  south  fork  of  Pit  River, 


CROOK  ON  PIT  RIVER.  539 

it  was  followed  fifteen  miles,  and  the  camp  for  the 
night  made  in  a  canon  timbered  with  pine,  with  good 
grass  and  water.  Signs  of  Indians  were  plenty,  but 
the  commander  was  not  hopeful.  The  horses  were 
beginning  to  fail  with  travelling  over  lava-beds,  and 
at  night;  the  Indians  were  evidently  numerous  and 
watchful;  and  there  was  no  method  of  determining  at 
what  point  they  might  be  expected  to  appear.  Fore 
warned  in  a  country  like  that  on  the  Pit  River,  the 
advantages  were  all  on  the  side  of  the  Indians. 

The  march  on  the  26th  led  the  troops  over  high 
table-land,  eastward  along  a  much  used  trail,  where 
tracks  of  horses  and  Indians  were  frequent,  leading 
finally  to  the  lava-bluffs  overlooking  the  south  branch 
of  Pit  River,  and  through  two  miles  of  canon  down 
into  the  valley.  Here  the  troops  turned  to  the  north 
along  the  foot  of  the  bluffs,  and  when  near  the  bend 
of  the  river  the  scouts  announced  the  discovery  of 
Indians  in  the  rocks  near  by.  Crook  prepared  for 
battle  by  ordering  Parnell  to  dismount  half  his  men 
and  form  a  line  to  the  south  of  the  occupied  rocks, 
while  Madigan  formed  a  similar  line  on  the  north  side, 
the  two  uniting  on  the  east  in  front  of  the  Indian  po 
sition.  Mclntosh  with  his  scouts  was  ordered  back 
to  the  bluff  overlooking  the  valley,  the  troops  getting 
into  position  about  one  o'clock,  and  the  Indians  wait 
ing  to  be  attacked  in  the  rocks. 

The  stronghold  was  a  perpendicular  lava- wall,  three 
hundred  feet  high,  and  a  third  of  a  mile  long  on  the 
west  side  of  the  valley.  At  the  north  end  was  a 
ridge  of  bowlders,  and  at  the  south  end  a  canon.  In 
front  was  a  low  sharp  ridge  of  lava-blocks,  from  which 
there  was  a  gradual  slope  into  the  valley.  These  sev 
eral  features  of  the  place  formed  a  natural  fortification 
of  great  strength.  But  there  were  yet  other  features 
rendering  it  even  more  formidable.  Running  into  its 
south-eastern  boundary  were  two  promontories,  a  hun 
dred  and  fifty  feet  in  length,  thirty  in  height,  with 
perpendicular  walls  parallel  to  each  other  and  about 


540  THE  SHOSHONE  WAR. 

thirty  feet  apart,  making  a  scarped  moat  which  could 
not  be  passed.  At  the  north  end  of  the  eastern 
promontory  the  Indians  had  erected  a  fort  of  stone, 
twenty  feet  in  diameter,  breast-high,  pierced  with 
loop-holes;  and  on  the  western  promontory  two  larger 
forts  of  similar  construction.  Between  this  fortress 
and  the  bluff  where  the  scouts  were  stationed  were 
huge  masses  of  rocks  of  every  size  and  contour.  The 
only  approach  appearing  practicable  was  from  the 
eastern  slope,  near  which  was  the  first  fort. 

At  the  word  of  command  Parnell  approached  the 
canon  on  the  south.  A  volley  was  fired  from  the 
fortv  and"  the  Indians  fell  back  under  cover,  when 
the  assailants  by  a  quick  movement  gained  the  shelter 
of  the  rocky  rim  of  the  ravine;  but  in  reconnoitring 
immediately  afterward  they  exposed  themselves  to 
another  volley  from  the  fort,  which  killed  and 
wounded  four  men.  It  was  only  by  siege  that  the 
foe  could  be  dislodged.  Accordingly  Eskridge,  who 
had  charge  of  the  horses,  herders,  and  supplies,  was 
ordered  to  go  into  camp,  and  preparations  were  made 
for  taking  care  of  the  wounded,  present  and  pro 
spective. 

The  battle  now  opened  in  earnest,  and  the  after 
noon  was  spent  in  volleys  from  both  sides,  accom 
panied  by  the  usual  sounds  of  Indian  warfare,  in 
which  yells  the  troops  indulged  as  freely  as  the  Ind 
ians.  A  squad  of  Parnell's  men  were  ordered  to  the 
bluff  to  join  the  scouts,  and  help  them  to  pour  bullets 
down  into  the  round  forts.  The  Indians  were  entirely 
surrounded,  yet  such  was  the  nature  of  the  ground 
that  they  could  not  be  approached  by  men  in  line,  and 
the  firing  was  chiefly  confined  to  sharp-shooting.  The 
range  from  the  bluffs  above  the  fort  was  about  four 
hundred  yards,  at  an  angle  of  forty-five  degrees;  and 
hundreds  of  shots  were  sent  during  the  afternoon 
down  among  them.  From  the  east  fort  shots  could 
reach  the  bluff  from  long-range  guns,  and  it  was  neces 
sary  to  keep  under  cover.  All  the  Indians  who  could 


BATTLE  OF  THE  BLUFF.  541 


be  seen  were  clad  only  in  a  short  skirt,  with  feathers 
in  their  hair.  One  of  them,  notwithstanding  the  cor 
don  of  soldiers,  escaped  out  of  the  fortress  over  the 
rocky  ridge  and  bluff,  giving  a  triumphant  whoop  as 
he  gained  the  level  ground,  and  distancing  his  pur 
suers.  It  was  conjectured  that  he  must  have  gone 
either  for  supplies  or  reenforcements. 

Thus    wore    away    the    afternoon.     As   night^  ap 
proached   Crook,  who  by  this  time  had  reconnoitred 
the  position  from  every  side,  directed  rations  to  be 
issued  to  the  pickets  stationed  around  the  stronghold 
to  prevent  escapes.     When  darkness  fell  the  scouts 
left  the  bluff  and  crept  down  among  the  rocks  of  the 
ridge  intervening  between  the  bluff  and  the  fortress, 
getting  within  a  hundred  feet  of  the  east  fort.     The 
troops  also  now  carefully  worked  themselves  into  the 
shelter  of  the  rocks  nearer  to  the  Indians,  who  evi 
dently  anticipated    their  movements  and  kept  their 
arrows  flying  in  every  direction,  together  with  stones, 
which  they  threw  at  random.     In  the  cross-fire  kept 
up  in  the  dark  one  of  Madigan's  men  was  killed  by 
Parnell's  company.     All  night  inside  the  forts  there 
was  a  sound  of  rolling  about  and  piling  up  stones, 
as  if  additional  breastworks  were  being  constructed. 
Whenever  a  volley   was  fired  by  the  troops  in  the 
direction  of  these  noises,  a  sound  of  voices  was  heard 
reverberating  as  if  in  a  cavern.     During  the  early 
part  of  the  night  there  were  frequent  flashes  of  light 
ning  and  heavy  peals  of  thunder.    ^  In  the  mean  time 
no  change  was  apparent  in  the  position  of  affairs. 

At  daybreak;  Parnell  and  Madigan  were  directed 
to  bring  in  their  pickets  and  form  under  the  crest  of 
the  ridge  facing  the  east  fort,  while  the  scouts  were 
ordered  to  take  position  on  the  opposite  side  of  the 
ridge,  and  having  first  crawled  up  the  slope  among 
the°  rocks  as  far  as  could  be  done  without  discovering 
themselves,  at  the  word  of  command  to  storm  the 
fort.28  At  sunrise  the  command  Forward!  was  given. 

»  'The  general  talked  to  the  men  like  a  father;  told  them  at  the  word 


642  THE  SHOSHONE  WAR. 

The  men,  about  forty  in  number,  sprang  to  their  feet 
and  rushed  toward  the  fort.  They  had  not  gone 
twenty  paces  when  a  volley  from  the  Indians  struck 
down  Lieutenant  Madigan,  three  non-commissioned 
officers,  three  privates,  and  one  citizen — eight  in  all. 
The  remainder  of  the  storming  party  kept  on,  crossing 
a  natural  moat  and  gaining  the  wall,  which  seemed  to 
present  but  two  accessible  points.  Up  one  of  these 
Sergeant  Russler,  of  Company  D,  23d  infantry,  led  the 
way;  and  up  the  other,  Sergeant  Meara  and  Private 
Sawyer,  of  Company  H,  1st  cavalry,  led  at  different 
points.  Meara  was  the  first  to  reach  a  natural  para 
pet  surrounding  the  east  fort  on  two  sides,  dashing 
across  which  he  was  crying  to  his  men  to  come  on, 
when  a  shot  struck  him  and  he  fell  dead.  At  the 
same  moment  Russler  came  up,  and  putting  his  gun 
through  a  loop-hole  fired,  others  following  his  exam 
ple.  He  was  also  struck  by  a  shot. 

It  was  expected  that  the  Indians,  being  forced  to 
abandon  the  enclosure  which  was  now  but  a  pen  in 
which  all  might  be  slaughtered,  would  be  easily  shot 
as  they  came  out,  and  some  of  the  men  disposed 
themselves  so  as  to  interrupt  their  anticipated  flight; 
but  what  was  the  surprise  of  all  to  see  that  as  fast  as 
they  left  the  fort  they  disappeared  among  the  rocks 
as  if  they  had  been  lizards.  In  a  short  time  the 
soldiers  had  possession  of  the  east  fort,  but  a  moment 
afterward  a  volley  corning  across  from  the  two  forts  on 
the  west,  and  scattering  shots  which  appeared  to  come 
from  the  rocks  beneath,  changed  the  position  of  the 
besiegers  into  that  of  the  besieged.  Several  men 
more  were  wounded,  one  more  killed,  and  the  situa 
tion  became  critical  in  the  extreme. 

But  notwithstanding  the  Indians  still  had  so  greatly 
the  advantage,  they  seemed  to  have  been  shaken  in 
their  courage  by  the  boldness  of  the  troops  in  storm- 


Forward  !  they  should  rise  up  quick,  go  with  a  yell,  and  keep  yelling, 
never  think  of  stopping  until  they  had  crossed  the  ditch,  scaled  the  wall, 
broken  through  the  breastworks,  and  the  faster  the  better.'  J.  Wasser 


and 
and 

through  the  breastworks,  and  the  faster  the  better.'  J.  Wassen,  in 
Oregonian,  Nov.  12,  1867. 


ESCAPE  OF  THE  WARRIORS.  543 

ing  the  east  fort,  or  perhaps  they  were  preparing  a 
surprise.  A  continuous  lull  followed  the  volley  from 
the  west  forts,  which  lasted,  with  scattering  shots,  until 
noon,  though  the  men  exposed  themselves  to  draw  the 
fire  of  the  enemy  and  uncover  his  position.  One  shot 
entered  a  loop-hole  and  killed  the  soldier  stationed 
there.  Shots  from  the  Indians  became  fewer  during 
the  afternoon,  while  the  troops  continued  to  hold  the 
east  fort,  and  pickets  were  stationed  who  kept  up  a 
fire  wherever  any  sign  of  life  appeared  in  the  Indian 
quarter.  The  west  forts,  being  inaccessible,  could  not 
be  stormed.  There  was  nothing  to  do  but  to  watch 
for  the  next  movement  of  the  Indians,  who  so  far 
as  known  were  still  concealed  in  their  fortifications, 
where  the  crying  of  children  and  other  signs  of  life 
could  be  heard  through  the  day  and  night  of  the  27th. 
On  the  morning  of  the  28th,  the  suspense  having 
become  unbearable,  Crook  permitted  an  Indian  woman 
to  pass  the  lines,  from  whom  he  received  an  explana 
tion  of  the  mysterious  silence  of  the  Indian  guns. 
Not  a  warrior  was  left  in  the  forts.  By  a  series  of 
subterranean  passages  leading  to  the  canon  on  the 
south-west,  they  had  all  escaped,  and  been  gone  for 
many  hours.  An  examination  of  the  ground  revealed 
the  fact  that  by  the  means  of  fissures  and  caverns  in 
the  sundered  beds  of  lava,  communication  could  be 
kept  up  with  the  country  outside,  and  that  finding 
themselves  so  strongly  besieged  they  had  with  Ind 
ian  mutability  of  purpose  given  up  its  defence,  and 
left  behind  their  women  and  children  to  deceive  the 
troops  until  they  were  safely  away  out  of  danger.  To 
attempt  the  examination  of  these  caves  would  be  fool 
hardy.  A  soldier,  in  descending  into  one,  was  shot 
through  the  heart,  probably  by  some  wounded  Indian 
left  in  hiding  there.  The  extent  and  depth  of  the 
caverns  and  fissures  would  render  futile  any  attempt 
to  drive  out  the  savages  by  fire  or  powder.  Nothing 
remained  but  to  return  to  Camp  Warner,  which 
movement  was  begun  on  the  30th,  and  ended  on  the 


544  THE  SHOSHONE  WAR. 

4th  of  October  at  the  new  post  in  the  basin  east  of 
Lake  Abert. 

The  result  of  this  long-projected  campaign  could 
not  be  said  to  be  a  victory.  According  to  Wassen, 
it  was  not  claimed  by  the  troops  that  more  than  fif 
teen  Indians  were  killed  at  the  Pit  River  fortress, 
while  the  loss  sustained  by  the  command  in  the  two 
days'  siege  was  eight  killed  and  twelve  wounded.29 
That  General  Crook  sacrificed  his  men  in  the  affair  of 
Pit  River  in  his  endeavor  to  achieve  what  the  public 
expected  of  him  is  evident,  notwithstanding  the  laud 
atory  and  apologetic  accounts  of  the  correspondents 
of  the  expedition.  Had  he  let  his  Indian  scouts  do 
the  fighting  in  Indian  fashion,  while  he  held  his  troops 
ready  to  succor  them  if  overpowered,  the  result  might 
have  been  different.  One  thing,  indeed,  he  was  able 
to  prove,  that  the  foe  was  well  supplied  with  ammu 
nition,  which  must  have  been  obtained  by  the  sale  of 
property  stolen  in  marauding  expeditions  to  the  north. 
Stored  among  the  rocks  was  a  plentiful  supply  of 
powder  and  caps,  in  sacks,  tin  cans,  and  boxes,  all 
quite  new,  showing  recent  purchases.  The  guns  found 
were  of  the  American  half-stocked  pattern,  indicating 
whence  they  had  been  obtained,  and  no  breech-loading 
guns  were  found,  though  some  had  been  previously 
captured  by  these  Indians. 

The  expedition  under  Perry,  which  proceeded  north, 

29  There  is  a  discrepancy  between  the  military  report,  which  makes  the 
number  of  killed  five,  and  Wassen 's,  which  makes  it  eight;  but  I  have  fol 
lowed  the  latter,  because  his  account  gives  the  circumstances  and  names.  The 
list  is  as  follows:  Killed:  Lieut  John  Madigan,  born  in  Jersey  City,  N.  J.; 
sergeants  Charles  Barchet,  born  in  Germany,  formerly  of  7th  Vt  volunteers, 
Michael  Meara,  born  in  Galway,  Ireland,  18  years  in  U.  S.  A.,  and  Sergeant 
Russler;  privates  James  Lyons,  born  in  Peace  Dale,  R.  I.;  Willoughby 
Sawyer,  born  in  Canada  West;  Carl  Bross,  born  in  Germany,  lived  in  Newark, 
N.  J.;  James  Carey,  from  New  Orleans.  Wounded:  corporals  McCann,  Fo- 
garty,  Firman;  privates  Clancy,  Fisher,  Kingston,  McGuire,  Embler,  Barbes, 
Shea,  Enser;  and  Lawrence  Traynor,  civilian.  The  remains  of  Lieut  Madi 
gan  were  taken  one  day's  march  from  the  battle-field,  and  buried  on  the  north 
bank  of  Pit  River,  about  twenty  miles  below  the  junction  of  the  south 
branch.  The  privates  were  buried  in  the  valley  of  the  south  branch,  half  a 
mile  north  of  the  forts.  The  wounded  were  conveyed  on  mule  litters  to  New 
Camp  Warner.  Corr.  S.  F.  Bulletin,  in  Portland  Herald,  Dec.  10,  1867;  J. 
Waesen,  in  Oregonian,  Nov.  12,  1867;  Hayes'  Indian  Scraps,  v.  141;  Gen 
eral  Order  Dept  Columbia,  no.  32,  1867. 


CAMPAIGNS  AND  DEPREDATIONS.  545 

failed  to  find  any  enemy.  Lieutenant  Small,  how 
ever,  with  fifty-one  men  from  Fort  Klamath  and 
ten  Klamath  scouts,  was  more  successful,  killing 
twenty-three  and  capturing  fourteen  in  the  vicinity  of 
Silver  and  Abert  lakes,  between  the  2d  and  22d  of 
September.  Among  the  killed  were  two  chiefs  who 
had  signed  the  treaty  of  1864,  and  an  influential  med 
icine-man.  Panina  having  also  been  killed  by  citizens 
while  on  a  foray  on  the  Canon  City  and  Boise  road 
in  April,  as  will  be  remembered,  there  remained  but 
few  of  the  chiefs  of  renown  alive.30 

For  about  two  months  of  the  summer  of  1867, 
while  Captain  Wildy  of  the  6th  cavalry  was  stationed 
on  Willow  Creek  in  Mormon  Basin,  to  intercept  the 
passage  north  of  raiding  parties,  the  people  along  the 
road  between  John  Day  and  Snake  rivers  enjoyed 
an  unaccustomed  immunity  from  depredations.  But 
early  in  September  Wildy  was  ordered  to  Fort  Crook, 
in  California,  and  other  troops  withdrawn  from  the 
north  to  strengthen  the  district  of  the  lakes.  Know 
ing  what  would  be  the  effect  of  this  change,  the  in 
habitants  of  Baker  county  petitioned  Governor  Woods 
for  a  permanent  military  post  in  their  midst,  but  peti 
tioned  in  vain,  because  the  governor  was  not  able  to 
persuade  the  general  government  to  listen  favorably, 
nor  to  dictate  to  the  commander  of  the  department  of 
the  Columbia  what  disposition  to  make  of  his  forces. 
Wildy 's  company  had  hardly  time  to  reach  Fort  Crook 
when  the  dreaded  visitations  began.31  About  the  last 

300regonian,  Nov.  4  and  12,  1867;  Jacksonville  Sentinel,  Sept.  28,  1867; 
Yreka  Union,  Oct.  5,  1867;  8.  F.  Alta,  Sept.  28,  J867. 

31  The  first  attack  was  made  Sept.  28th  upon  J.  B.  Scott,  who  with  his 
wife  and  children  was  driving  along  the  road  between  Rye  Valley  and  their 
home  on  Burnt  River.  Scott  was  killed  almost  instantly,  receiving  two  fatal 
wounds  at  once.  The  wife,  though  severely  wounded,  seized  the  reins  as 
they  fell  from  the  hands  of  her  dead  husband,  and  urging  the  horses  to  a  run, 
escaped  with  her  children,  but  died  the  following  day.  This  attack  was  fol 
lowed  by  others  in  quick  succession.  Oregonian,  Oct.  4,  7,  9,  1867;  UmatUla 
Columbia  Press,  Oct.  5,  1867.  On  the  morning  of  the  3d  of  October  a  small 
band  of  Indians  plundered  the  house  of  a  Mr  Howe,  a  few  miles  east  of  Camp 
Logan,  and  a  detachment  of  seven  men  of  company  F,  8th  cavalry,  was  sent 
under  Lieut  Pike  to  pursue  them.  Pike  may  have  been  a  valuable  officer, 
HIST.  OB.,  VOL.  II.  35 


546  THE  SHOSHONE  WAR. 

of  October  General  Steele  ordered  a  cavalry  company 
to  guard  the  roads  and  do  picket  duty  in  the  Burnt 
River  district. 

But  depredations  were  not  confined  to  the  Oregon 
side  of  Snake  River.  They  were  quite  as  frequent  in 
Boise  and  Owyhee  districts,  where  there  was  no  lack 
of  military  camps.  So  frequent  were  the  raids  upon 
the  stock-ranges 32  that  the  farmers  declared  they  must 
give  up  their  improvements  and  quit  the  country 
unless  they  were  stopped.  At  length  they  organized 
a  force  in  the  lower  Boise  Valley.  Armed  with  guns 
furnished  by  Fort  Boisd,  and  aided  by  a  squad  of  sol 
diers  from  that  post,  they  scouted  the  surrounding 
country  thoroughly,  retaking  some  stock  and  killing 
two  Indians.33  But  while  they  recovered  some  of  their 
property,  the  stage  station  at  the  mouth  of  the 
Payette  River  was  robbed-  of  all  its  horses.3*  And 
this  was  the  oft-repeated  experience  of  civil  and  mili 
tary  parties.  Blood  as  well  as  spoils  marked  the  course 
of  the  invaders.35  Stages,  and  even  the  Snake  River 

but  he  was  not  experienced  in  Indian-fighting.  He  was  eagerly  pushing  for 
ward  after  the  guides,  who  had  discovered  the  camp  of  the  thieves,  when  he 
imprudently  gave  a  shout,  which  sent  the  savages  flying,  leaving  a  rifle,  which 
in  their  haste  was  forgotten.  Pike  very  foolishly  seized  it  by  the  muzzle  and 
struck  it  on  a  rock  to  destroy  it,  when  it  exploded,  wounding  him  fatally, 
which  accident  arrested  the  expedition;  and  a  second,  under  Lieut  Kauffman, 
failed  to  overtake  the  marauders.  Oregonian,  Nov.  4,  1867;  Gen.  Order  Head 
quarters  Dept  Columbia,  no.  32. 

32  On  the  night  of  Oct.  3d,  within  half  a  mile  of  Owyhee  City,  Joseph  F. 
Oolwell,  a  highly  respected  citizen,  was  killed,  scalped,  and  burned.  On  the 
following  night  a  raid  was  made  on  the  cattle  in  Jordan  Valley,  within  3  miles 
of  Silver  City.  Four  separate  incursions  were  made  into  Bois6  Valley  during 
the  autumn.  Owyhee  Avalanche,  Oct.  5,  1867;  Boise  Statesman,  Oct.  22,  Dec. 
17,  1867;  Boise  Democrat,  Dec.  21,  1876. 

83  A  farmer  who  belonged  to  the  volunteer  company  of  Bois<5  Valley  stated 
that  one  of  the  Indians  killed  was  branded  with  a  circle  and  the  figures  1845, 
showing  that  22  years  before  he  had  been  thus  punished  for  offences  of  a  simi 
lar  kind. 

34  There  was  a  chief  known  to  his  own  people  as  Oulux,  and  to  the  settlers 
as  Bigfoot,  who  led  many  of  these  raids.     He  was  nearly  7  feet  in  height,  and 
powerfully  built,  with  a  foot  14f  inches  in  length.     The  track  of  this  Indian 
could  not  be  mistaken.     He  was  in  Crook's  first  battle  in  the  spring,  on  the 
Owyhee,  with  another  chief  known  as  Littlefoot.    Yreka  Union,  Feb.  9,  and 
Nov.  11,  1867.     Bigfoot  was  killed  by  an  assassin,  who  lay  in  wait  for  him, 
and  his  murderer  promised  him  to  guard  from  the  public  the  secret  of  his 
death,  of  which  he  was*ashamed. 

35  On  the  21st  of  October,  in  the  morning,  occurred  one  of  the  most  painful 
of  the  many  harrowing  incidents  of  the  Shoshone  war.     Two  sergeants,  named 


STEELE  RETIRES.  647 

steamer  Slwshone,  were  attacked.  Letters  and  news 
papers  were  found  in  Indian  camps  clotted  with  human 
gore.  The  people,  sick  of  such  horrors,  cried  loudly 
for  relief.  But  at  this  juncture,  when  their  services 
were  most  needed,  the  Indian  allies  were  mustered 
out,  although  General  Steele,  in  making  his  report, 
fully  acknowledged  their  value  to  the  service,  saying 
they  had  done  most  of  the  fighting  in  the  late  expe 
ditions,  and  proved  efficient  guides  and  spies.36 

On  the  23d  of  November  Steele  relinquished  the 
command  of  the  department  of  the  Columbia,37  which 

Nichols  and  Denoille,  left  Camp  Lyon  in  a  four-horse  ambulance  to  go  to  Fort 
Boise",  Denoille  having  with  him  his  wife,  who  was  in  delicate  health.  Nine 
miles  from  camp,  while  passing  through  a  rocky  canon,  they  were  attacked  by 
Indians  in  ambush,  and  Denoille,  who  was  driving,  was  killed  at  the  first  fire. 
Nichols,  not  knowing  that  his  comrade  was  hit,  was  giving  his  attention  to  the 
Indians,  when  Denoille  fell  out  of  the  wagon  dead,  and  the  horses  becoming 
f lightened  ran  half  a  mile  at  the  top  of  their  speed,  until  one  fell  and  arrested 
the  flight  of  the  others.  Nichols  now  sprang  out,  followed  by  Mrs  Denoille, 
whom  he  urged  to  conceal  herself  before  the  Indians  came  up;  but  being  bereft 
of  her  reason  by  the  shock  of  the  tragedy,  she  insisted  on  returning  to  Find  her 
husband;  and  Nichols,  hiding  among  the  rocks,  escaped  to  Carson's  farm  that 
evening.  When  a  rescuing  party  went  out  from  Silver  City  after  Denoille's 
body,  which  was  stripped  and  mutilated,  nothing  could  be  learned  of  the  fate 
of  his  wife.  A  scouting  party  was  immediately  organized  at  Camp  Lyon.  At 
the  Owyhee  River  the  troops  came  upon  a  camp,  from  which  the  inmates  fled, 
leaving  only  two  Indian  women.  These  women  declared  that  Mrs  Denoille 
had  not  been  harmed,  but  was  held  for  ransom.  One  of  them  being  sent  to 
inquire  what  ransom  would  be  required,  failed  to  return,  when  the  troops  re 
treated  to  camp  to  refit  for  a  longer  expedition.  Col  Coppinger  and  Capt. 
Hunt  immediately  resumed  the  pursuit,  but  the  Indians  had  escaped.  About 
the  middle  of  Dec.  a  scouting  party  attacked  a  camp  of  twenty  savages,  kill 
ing  five  and  capturing  six.  Some  of  Mrs  Denoille's  clothing  was  found  on  one 
of  the  captured  women,  who  said  that  the  white  captive  was  taken  south  to 
Winnemucca  to  be  held  for  a  high  ransom.  It  was  not  until  in  the  summer 
of  1868  that  the  truth  was  ascertained,  when  to  a  scout  named  Hicks  was 
pointed  out  the  place  of  the  woman's  death,  and  her  bleaching  bones.  She 
had  been  taken  half  a  mile  from  the  road  where  the  attack  was  made,  dragged 
by  the  neck  to  a  convenient  block  of  stone,  her  head  laid  upon  it,  and  crushed 
with  another  stone.  The  Indian  who  described  the  scene,  and  his  part  in  it, 
was  riddled  by  the  bullets  of  the  company.  J3oise  Statesman,  Oct,  24,  26,  and 
Dec.  17,  1867;  Owyhee  Avalanche,  June  13,  1868. 

™ReptSec.  War,  1867-8,  i.  79;  Oregonian,  Dec.  23,  1867. 

37  Steele  was  born  in  Delhi,  N.  Y.,  graduated  at  West  Point  in  1843,  and 
received  a  commission  as  2d  lieut  in  the  2d  reg.  U.  S.  inf.  He  served  under 
Scott  in  Mexico,  and  was  brevetted  1st  lieut,  then  captain,  for  gallant  conduct 
at  the  battles  of  Contreras  and  Chapultepec;  and  was  present  at  the  taking 
of  the  city  of  Mexico.  After  the  Mexican  war  he  was  stationed  in  Cal.,  on 
duty  as  adj.  to  Gen.  Riley.  At  the  outbreak  of  the  rebellion  he  was  ordered 
to  Missouri,  where  he  was  soon  promoted  to  the  rank  of  major  in  the  llth  U. 
S.  inf.  For  gallant  services  at  Wilson's  Creek,  he  was  made  a  brig.  gen.  of 
volunteers;  and  for  subsequent  services  brevetted  maj.  gen.  On  leaving  Ore 
gon  he  was  granted  an  extended  leave  of  absence,  from  which  he  anticipated 
much  pleasure,  but  died  suddenly  of  apoplexy,  in  S.  F. 


548  THE  SHOSHONE  WAR. 

was  assumed  by  General  L.  H.  Rosseau,  who,  how 
ever,  made  no  essential  changes  in  the  department. 
Arrangements  were  continued  in  each  district  for  a 

O 

winter  campaign  of  great  activity.38  The  military 
journals  contain  frequent  entries  of  skirmishes,  with  a 
few  Indians  killed,  and  more  taken  prisoners;  with 
acknowledgments  of  some  losses  to  the  army  in  each. 
Crook,  whose  district  was  in  the  most  elevated  por 
tion  of  the  country  traversed,  kept  some  portion  of 
the  troops  continually  in  the  field,  marching  from  ten 
to  twenty  miles  a  day  over  unbroken  fields  of  snow 
from  one  to  two  feet  in  depth.  In  February  he  was 
on  Dunder  and  Blitzen  Creek,39  south  of  Malheur 
Lake,  where  he  fought  the  Indians,  killing  and  cap 
turing  fourteen.  While  returning  to  Warner,  a  few 
nights  later,  the  savages  crept  up  to  his  camp,  and 
killed  twenty-three  horses  and  mules  by  shooting 
arrows  into  them  and  cutting  their  throats.  Crook 
proceeded  toward  camp  Warner,  but  sent  back  a  de 
tachment  to  discover  whether  any  had  returned  to 
feast  on  the  horse-flesh.  Only  two  were  found  so  en 
gaged,  who  were  killed.  Another  battle  was  fought 
with  the  Indians,  in  the  neighborhood  of  Steen  Moun 
tain,  on  the  14th  of  April,  when  several  were  killed. 

The  troops  at  Camp  Harney  made  a  reconnoissance 
of  the  Malheur  country  in  May,  which  resulted  in 
surprising  ten  lodges  on  the  north  fork  of  that  river 
near  Castle  Rock,  or  as  it  was  sometimes  called,  Mal 
heur  Castle,  and  capturing  a  number  of  the  enemy, 
among  whom  was  a  notorious  subchief  known  as  E. 
E.  Gantt,  who  professed  a  great  desire  to  live  there 
after  in  peace,  and  offered  to  send  couriers  to  bring  in 
his  warriors  and  the  head  chief,  Wewawewa,  who,  he 
declared,  was  as  weary  of  conflict  as  himself.40  On 

38  See  general  order  No.  5  district  of  Owyhee.  in  Oregoman,  Nov.  1867. 

39  So  named  by  Curry's  troops,  who  crossed  it  in  a  thunder-storm  in  1864. 
Kept  Adjt-Gen.  Or.,  1866,  41. 

40  Gantt  had  reasons  for  his  humility.     He  had  been  engaged  in  several 
raids  during  this  spring,  driving  off  the  stock  from  Mormon  basin  between 
Burnt  and  Malheur  rivers,  and  capturing  two  trains  of  wagons.     At  length 
the  farmers  organized  a  company,  and  in  concert  with  the  troops  from  Camp 


HALLECK'S  ORDERS.  549 

this  promise  he  was  released,  his  family,  and  in  all 
about  sixty  prisoners,  with  their  property,  and  the 
stock  plundered  from  the  settlers  remaining  in  the 
hands  of  the  troops.  A  messenger  was  sent  to  inter 
cept  General  Crook,  who,  having  been  temporarily 
assigned  to  the  command  of  the  department  of  the 
Columbia,  was  on  his  way  to  the  north. 

The  Indians  had  sustained  some  reverses  in  Idaho, 
among  which  was  the  killing  of  thirty-four  who  had 
attacked  the  Boise  stage  in  May,  killing  the  driver 
and  wounding  several  other  persons.  Many  prisoners 
had  also  been  taken  during  the  winter,  and  some  had 
voluntarily  surrendered.  Rosseau  had  issued  an  order 
in  February  that  all  the  Indians  taken  in  the  district 
of  Owyhee  should  be  sent  under  guard  to  Vancouver, 
and  those  taken  in  the  district  of  the  lakes  should  be 
sent  to  Eugene  City,  via  Fort  Klamath,  to  be  deliv 
ered  to  the  superintendent  of  Indian  affairs.  Those 
at  Boise  took  advantage  of  a  severe  storm,  when  the 
guards  were  less  vigilant  than  usual,  to  recover  their 
freedom;  but  as  they  only  escaped  to  find  themselves 
given  up  by  their  chiefs,  it  was  a  matter  of  less  con 
sequence. 

According  to  an  order  of  Halleck's,  no  treaty  could 
be  made  with  the  Indians  by  the  officers  in  his  divis 
ion  without  consulting  him,  and  it  became  necessary 
for  Crook  to  wait  for  instructions  from  San  Francisco. 
He  repaired  in  the  mean  time  to  Camp  Harney,  where 

Coif  ax,  inflicted  severe  chastisement  on  a  portion  of  this  band.  Bigfoot,  also, 
on  the  east  side  of  Snake  River,  was  captured  by  the  farmers'  company  of  the 
Payette  and  the  troops  from  Boise"  fort,  who  happened  to  come  upon  his  camp  at 
the  same  time,  surrounding  it,  when  the  Indians  surrendered.  Ore</onian,  June 
24,  1868.  Meanwhile,  in  the  Owyhee  district  the  usual  murderous  attacks 
had  been  going  on.  In  May  the  Indians  again  shot  and  killed  the  driver  of 
the  stage,  Robert  Dixon,  between  Boise"  City  and  Silver  City;  and  shot  and 
wounded  the  passengers  in  another  wagon.  In  March  they  had  murdered  a 
farmer  named  Jarvis,  near  Carson's  farm.  Owyhee  Avalanche,  March  21,  1868. 
In  June  they  stole  stock  and  killed  a  young  man  named  Jonas  Belknap,  in 
Mormon  basin,  who  went  to  recover  the  horses,  cutting  his  body  to  pieces, 
and  sticking  it  full  of  pointed  rods  with  slices  of  fat  bacon  on  the  ends.  Boist 
Statesman,  June  13,  1868.  The  party  which  went  to  find  these  Indians  was 
attacked  in  a  canon,  and  Alex.  Sullivan  was  killed. 


550  THE  SHOSHONE  WAR. 

the  principal  chiefs  of  the  hostile  bands  were  assem 
bled,  and  where  a  council  was  held  on  the  30th  of 
June. 

"Do  you  see  any  fewer  soldiers  than  two  years  ago?" 
asked  he.  "No;  more."  "Have  you  as  many  war 
riors?"  "No;  not  half  as  many."  "Very  well;  that 
is  as  I  mean  to  have  it  until  you  are  all  gone."41  The 
chiefs  knew  this  was  no  empty  threat,  and  were  terri 
fied.  They  sued  earnestly  for  peace,  and  Crook  made 
his  own  terms.  He  did  not  offer  to  place  them  on  a 
reservation,  where  they  would  be  fed  while  they  idled 
and  plotted  mischief.  He  simply  told  them  he  would 
acknowledge  Wewawewa  as  their  chief,  who  should 
be  responsible  for  their  good  conduct.  They  might 
return  free  into  their  own  country,  and  establish  their 
headquarters  near  Castle  Rock  on  the  Malheur,  and  so 
long  as  they  behaved  themselves  honestly  and  prop 
erly  they  would  not  be  molested.  These  terms  were 
eagerly  accepted,  and  the  property  of  their  victims 
still  in  their  possession  was  delivered  up.42 

Crook  had  no  faith  in  reservations,  yet  he  felt  that 
to  leave  the  Indians  at  liberty  was  courting  a  danger 
from  the  enmity  of  white  men  who  had  personal 
wrongs  to  avenge  which  might  provoke  a  renewal  of 
hostilities.  To  guard  against  this,  he  caused  the  terms 
of  the  treaty  to  be  extensively  published,  and  appealed 
to  the  reason  and  good  judgment  of  the  people,  re 
minding  them  what  it  had  cost  to  conquer  the  peace 
which  he  hoped  they  might  now  enjoy.43  With  regard 
to  the  loss  of  life  by  fighting  Indians  in  Oregon  and 
Idaho  up  to  this  time,  it  is  a  matter  of  surprise  that  it 
was  so  small.  The  losses  by  murderous  attacks  out  of 
battle  were  far  greater.  From  the  first  settlement  of 
Oregon  to  June  1868,  the  whole  number  of  persons 

41  See  letter  to  Gov.  Ballard  of  Idaho,  in  Oregonian,  July  29,  1868;  Over 
land  Monthly,  1869,  162. 

"Among  the  relics  returned  were  articles  belonging  to  three  deserting 
soldiers,  whose  fate  was  thus  ascertained. 

43  Mess,  and  Docs,  1868-9, 380-6;  Hayes'  Indian  Scraps,  v.  142;  Oregonian, 
July  13,  1868. 


TREATY  OF  PEACE.  551 

known  to  be  killed  and  wounded  by  Indians  was  1,394. 
Of  these  only  about  90  were  killed  or  wounded  in  battle. 
The  proportion  of  killed  to  wounded  was  1,130  to  264, 
showing  how  certain  was  the  savage  aim.  A  mighty 
incubus  seemed  lifted  off  the  state  when  peace  was 
declared.  General  Crook,  now  in  command  of  the 
department,  was  invited  to  Salem  at  the  sitting  of 
the  legislative  assembly  to- receive  the  thanks  of  that 
body.44 

The  treaty  which  had  been  made  was  with  the 
Malheur  and  Warner  Lake  Shoshones  only.  There 
were  still  some  straggling  bands  of  Idaho  Shoshones 
who  were  not  brought  in  until  August;  and  the  troops 
still  scouting  on  the  southern  border  of  Oregon  con 
tinued  for  some  time  to  find  camps  of  Pah  Utes,  and 
also  of  the  Pit  River  Indians,  with  whom  a  council  was 
subsequently  held  in  Round  Valley,  California.  Early 
in  July  between  seventy  and  eighty  of  Winnemucca's 
people  with  three  subchiefs  were  captured,  and  sur 
rendered  at  Camp  C.  F.  Smith,  "  where,"  said  Crook 
in  one  of  his  reports,  "there  seems  to  be  a  disposition 
to  feed  them,  contrary  to  instructions  from  these 
headquarters." 

The  Indians  had  submitted  to  force,  but  it  was  a 
tedious  task,  subjecting  them  to  the  Indian  depart 
ment,  which  had  to  be  done.  Crook  had  said  to  them, 
"You  are  free  as  air  so  long  as  you  keep  the  peace;" 
but  the  Indian  superintendent  said,  "You  signed  a 
treaty  in  1865  which  congress  has  since  ratified,  and 
you  must  go  where  you  then  agreed  to  go,  or  forfeit 
'the  benefits  of  the  treaty;  and  we  have,  besides,  the 
power  to  use  the  military  against  you  if  you  do  riot." 
This  argument  was  the  last  resorted  to.  The  tone  of 
the  Indian  department  was  conciliatory;  sometimes 
too  much  so  for  the  comprehension  of  savages.  They 
never  conceded  anything  unless  forced  to  do  so,  and 
how  should  they  know  that  the  white  race  practised 

"See  Senate  Joint  Resolution,  no.  6,  in  Or.  House  Jour.,  1868,  85-6;  Or. 
Laws,  1868,  99-100,  102-3;  Or.  Legis.  Docs,  1868;  Governor's  Message,  4-5. 


552  THE  SHOSHONE  WAR. 

such  magnanimity?  Crook  cautioned  his  subordi 
nates  on  this  point,  telling  them  to  disabuse  the  minds 
of  the  Indians  of  the  notion  that  the  government  was 
favored  by  their  abstinence  from  war. 

Superintendent  Huntington,  who  had  talked  with 
Wewawewa  about  the  settlement  of  his  people,  was 
told  that  the  Malheur  Indians  would  consent  to  go 
upon  the  Siletz  reservation  in  western  Oregon,  but 
that  those  about  Camp  Warner  would  not,  and  noth 
ing  was  done  toward  removing  them  in  1868.  Mean 
time  Huntington  died,  and  A.  B.  Meacham  was 
appointed  in  his  place.  A  small  part  of  the  Wolpape 
and  Warner  Lake  Shoshones  consented  to  go  upon  the 
east  side  of  Klamath  reservation;  but  in  1869  most 
of  these  Indians  were  at  large,  and  sufficiently  un 
friendly  to  alarm  the  white  inhabitants  of  that  part  of 
the  state. 

And  now  the  bad  effects  of  the  late  policy  began  to 
appear.  When  the  Shoshones  were  first  conquered 
they  would  have  gone  wherever  Crook  said  they  must 
go.  But  being  so  long  free,  they  refused  to  be  placed 
on  any  reservation.  Other  tribes,  imitating  their  ex 
ample,  were  restless  and  dissatisfied,  even  threatening, 
and  affairs  assumed  so  serious  an  aspect  that  Crook 
requested  the  commander  of  the  division  to  withdraw 
no  more  troops  from  Oregon,  as  he  felt  assured  any 
attempt  to  forcibly  remove  the  Indians — a  measure 
daily  becoming  more  necessary  to  the  security  of  the 
settlements — would  precipitate  another  Indian  war, 
and  that  the  presence  of  the  military  was  at  that  time 
necessary  to  restrain  many  roving  bands  from  com 
mitting  depredations.45 

About  the  20th  of  October  Superintendent  Mea 
cham,  assisted  by  the  commanding  officer  at  Camp 
Harney,  held  a  council  with  the  Indians  under  We- 

45  The  facts  here  stated  are  taken  from  the  military  correspondence  in  the 
dept  of  the  Columbia,  copied  by  permission  of  General  Jeff  C.  Davis,  to  whose 
courtesy  I  have  been  much  indebted.  For  convenience,  I  shall  hereafter  refer 
to  these  letters  as  Military  Correspondence,  with  appropriate  date.  The  above 
expression  of  opinion  was  dated  May  8,  1869. 


LATER  TROUBLES.  553 

wawewa,  which  ended  by  their  declining  to  go  upon 
the  Klamath  reservation  as  requested,  because  Crook, 
\vho  could  have  persuaded  them  to  it,  declined  to  do 
so,*6  for  the  reason  that  he  believed  that  Meacharn 
had  promised  more  than  he  would  be  able  to  perform. 

Early  in  November  Meacham  held  a  council  with 
the  Indians  assembled  at  Camp  Warner  under  Otsehoe, 
a  chief  who  controlled  several  of  the  lately  hostile 
bands,  and  persuaded  this  chief  to  go  with  his  fol 
lowers  upon  the  Klamath  reserve.  But  the  war 
department  gave  neither  encouragement  nor  material 
assistance,  although  Otsehoe  and  other  Indians  about 
Warner  Lake  were  known  to  Crook  to  be  amongst 
the  worst  of  their  race,  and  dangerous  to  leave  at 
large.47 

True  to  his  restless  nature,  Otsehoe  left  the  reser 
vation  in  the  spring  of  1870,  where  his  people  had 
been  fed  through  the  winter.  They  deserted  in  de 
tachments,  Otsehoe  remaining  to  the  last;  and  when 
the  commissary  required  the  chief  to  bring  them  back, 
he  replied  that  Major  Otis  desired  them  to  remain  at 
Camp  Warner,  a  statement  which  was  true,  at  least 
in  part,  as  Otis  himself  admitted.48 

Otsehoe,  however,  finally  consented  to  make  his 
home  at  Camp  Yainax,  so  far  as  to  stay  on  the  reser- 

46  '  I  did  not  order  them  to  go  with  Mr  Meacham,  for  the  reason  that  I  have 
their  confidence  that  I  will  do  or  order  only  what  is  best  and  right,  both 
for  themselves  and  the  government.'  Military  Correspondence,  Dec.  7,  1869. 

47  'Among  these  bands,'  says  Gen.  Crook,   'and  those  near  Harney,  are 
some  as  crafty  and  bad  as  any  I  have  ever  seen,  and  if  they  are  retained  in 
the  vicinity  of  their  old  haunts,  and  the  Indian  department  manages  them  as 
they  have  other  tribes  in  most  cases,  they  will  have  trouble  with  them.    Mil 
itary  Correspondence,  March  4,  1809. 

48 '  I  do  not  remember  giving  any  Indians  permission  to  stay  here,  but  1 
have  said  that  if  they  came  I  would  not  send  them  back,  because  they  said 
they  could  live  better  here.  I  shall,  however,  advise  the  Indians  to  go  over 
and  see  Mr  Meacham,  in  the  hope  that  he  will  rectify  any  neglect  or  wrong 
that  may  have  been  done  them.'  Otis  to  Ivan  D.  Applegate,  in  Military  Cor 
respondence,  July  18,  1870.  Applegate,  in  reply,  says  that  the  Indians  were 
well  fed  and  well  treated  during  the  winter,  but  that  crickets  had  destroyed 
their  growing  grain,  and  Meacham's  arrival  had  been  delayed,  owing  to  the 
tardiness  of  the  Indian  department  in  the  east,  besides  which  reasons,  suffi 
cient  to  discourage  the  unstable  Indian  mind,  Archie  Mclntosh,  one  ot  the 
Boise  Indian  scouts,  had  been  making  mischief  on  the  reservation,  by  repre 
senting  that  Otsehoe  was  wanted  with  his  people  at  Camp  Warner. 


554  THE  SHOSHONE  WAR. 

vation  during  the  winter  season,  but  roving  abroad  in 
the  summer  through  the  region  about  Warner  and 
Goose  lakes.  In  March  1871,  by  executive  order,  a 
reservation  containing  2,275  square  miles  was  set 
apart,  on  the  north  fork  of  the  Malheur  River,  for 
the  use  of  the  Shoshones.  In  the  autumn  of  1873  a 
portion  of  them  were  induced  to  go  upon  it,  most  of 
whom  absented  themselves  on  the  return  of  summer. 
Gradually,  however,  and  with  many  drawbacks,  the 
Indian  department  obtained  control  of  these  nomadic 
peoples,  who  were  brought  under  those  restraints 
which  are  the  first  step  toward  civilization.49 

With  the  settlement  of  the  Shoshones  upon  a  res 
ervation,  the  title  of  the  Indians  of  Oregon  to  lands 
within  the  boundaries  of  the  state  was  extinguished. 
The  Grand  Rond  reservation  in  the  Willamette  Val 
ley  was  afterward  purchased  of  the  Indians  and  thrown 
open  to  settlement.  The  Malheur  reservation  was 
abandoned,  the  Indians  being  removed  to  Washing 
ton.50  Propositions  have  been  made  to  the  tribes 
on  the  Umatilla  reservation  to  sell  their  lands,  some 
of  the  best  in  the  state,  but  so  far  with  no  success, 
these  Indians  being  strongly  opposed  to  removal. 
Ten  years  after  the  close  of  the  Shoshone  war,  claim 
was  laid  by  a  chief  of  the  Nez  Perces  to  a  valley  in 
north-eastern  Oregon,  the  narrative  of  which  I  shall 
embody  in  the  history  of  Idaho.  Thus  swiftly  and 
mercilessly  European  civilization  clears  the  forests  of 
America  of  their  lords  aboriginal,  of  the  people  placed 
there  by  the  almighty  for  some  purpose  of  his  own, 
swiftly  and  mercilessly  clearing  them,  whether  done 
by  catholic,  protestant,  or  infidel,  by  Spaniard,  Eng 
lishman,  or  Russian,  or  whether  done  in  the  name  of 
Christ,  Joe  Smith,  or  the  devil. 

4»Ind.  Aff.  Kept,  1873,  320-4;  H.  Ex.  Doc.,  99,  43d  cong.  2d  sess.;  Owyhee 
Avalanche,  Oct.  11,  1873. 

50  Winnemucoa's  people  refused  to  remain  at  the  Yak i ma  agency,  and  made 
their  exodus  a  few  years  ago  to  Nevada,  whence  they  came. 


CHAPTER  XXII. 

THE  MODOC  WAR. 

1864-1873. 
LAND  OF  THE  MODOCS-KEINTPOOS,  OR  CAPTAIN  JACK-AGENT., 

TENDENTS,  AND  T*EATIES-KEINTPOOS  DECLINES  TO  Go  ON  A  RESERVA 
TION-RAIDS-TROOPS  IN  PURSUIT-JACK  TAKES  TO  THE  LAVA-BEDS- 
APPOINTMENT  OF  A  PEACE  COMMISSIONER-ASSASSINATION  o 
THOMAS,  AND  SHERWOOD-JACK  INVESTED  IN  HIS  STRONGHOLD-HE 
ESCAPES-CRUSHING  DEFEAT  OF  TROOPS  UNDER  THOMAS-CAPTAIN  JACI 
PURSUED,  CAUGHT,  AND  EXECUTED. 

THE  Modoc  war,  fought  almost  equally  in  California 
and  Oregon,  is  presented  in  this  volume  because 
that  tribe  belonged  to  the  Oregon  supermtendency, 
and  for  other  reasons  which  will  appear  as  I  proceed. 
From  the  time  that  certain  of  Fremont  s  men  were 
killed  on  the  shore  of  Klamath  Lake  down  to  1864 
when  superintendent  Huntington  of  Oregon  entered 
into  a  treaty  with  them  and  the  Klamaths,  the  Modocs 
had  been  the  implacable  enemies  of  the  white  race, 
and  were  not  on  much  more  friendly  terms  with  other 
tribes  of  their  own  race,  sustaining  a  warlike  char 
acter  everywhere.  They  lived  on  the  border-land  be 
tween  California  and  Oregon,  but  chiefly  in  the  latter, 
the  old  head  chief,  Sconchin,  having  his  home  on 
Sprague  River,  which  flows  into  the  upper  Klamath 
Lake,  and  the  subchiefs  in  different  localities 

Keintpoos,  a  young  subchief,  had  his  headquarter 

i  Modoc       'cordinz  to  E.  Steele  of  Yreka,  is  a  Shasta  word  signifying 
them,  to  the  number  of  95.   Historical  Correspondency  MS.        ^ 


556  THE  MODOC  WAR. 

anywhere  about  Tule  Lake,  ranging  the  country  from 
Link  River,  between  the  two  Klamath  lakes,  to 
Yreka,  in  California.  He  was  called  Captain  Jack  by 
the  white  settlers,  on  account  of  some  military  orna 
ments  which  he  had  added  to  his  ordinary  shirt,  trou 
sers,  and  cap;  was  not  an  unadulterated  savage,  having 
lived  long  enough  about  mining  camps  to  acquire  some 
of  the  vices  of  civilization,  and  making  money  by  the 
prostitution  of  the  women  of  his  band  more  than  by 
honest  labor.  Some  of  the  boys  of  this  band  of 
Modocs  were  employed  as  house-servants  in  Yreka, 
by  which  means  they  acquired  a  good  understand 
ing  of  the  English  language,  and  at  the  same  time 
failed  not  to  learn  whatever  of  evil  practices  they 
observed  among  their  superiors  of  the  white  race. 
During  the  civil  war  they  heard  much  about  the  pro 
priety  of  killing  off  the  white  people  of  the  north,  and 
other  matters  in  harmony  with  their  savage  instincts; 
and  being  unable  to  comprehend  the  numerical  strength 
of  the  American  people,  conceived  the  notion  that  this 
was  a  favorable  time  to  make  war  upon  them,  while 
their  soldiers  were  fighting  a  long  way  off. 

E.  Steele,  Indian  superintendent  of  California,  when 
he  entered  upon  the  duties  of  his  office  in  1863,  found 
the  Klamaths  and  Modocs,  under  their  chiefs  Lalake 
and  Sconchin,  preparing  to  make  war  upon  southern 
Oregon  and  northern  California,  having  already  be 
gun  to  perpetrate  those  thefts  and  murders  which  are 
a  sure  prelude  to  a  general  outbreak.  The  operations 
of  the  1st  Oregon  cavalry  and  the  establishment  of 
Fort  Klamath  to  prevent  these  outrages  are  known 
to  the  reader.  In  February  1864  the  Modocs  on  the 
border  of  Oregon  and  California,  who  spent  much  of 
their  time  in  Yreka,  being  alarmed  lest  punishment 
should  overtake  them  for  conscious  crimes,  sought  the 
advice  of  Steele,  who,  ignoring  the  fact  that  they  had 
been  allotted  to  the  Oregon  superin tendency,  took  the 
responsibility  of  making  with  them  a  treaty  of  friend 
ship  and  peace.  This  agreement  was  between  Steele 


STEELE'S  TREATY.  557 


individually  and  Keintpoos'  band  of  Modocs.  and  re 
quired  nothing  of  them  but  to  refrain  from  quarrels 
amongst  themselves,  and  from  theft,  murder,  child- 
selling,  drunkenness,  and  prostitution  in  the  white 
settlements.  The  penalty  for  breaking  their  agree 
ment  was,  to  be  given  up  to  the  soldiers.  The  treaty 
permitted  them  to  follow  any  legitimate  calling,  to 
charge  a  fair  price  for  ferrying  travellers  across  streams, 
and  to  act  as  guides,  if  desired  to  do  so.  On  the  part 
of  the  white  people,  Steele  promised  protection  ^  when 
they  came  to  the  settlements,  but  advised  their  ob 
taining  passes  from  the  officers  at  Fort  Klamath,  to 
which  they  were  informed  that  they  would  be  required 
to  report  themselves  for  inspection. 

This  action  of  Steele's,  although  prompted  by  a 
desire  to  prevent  an  outbreak,  was  severely  criticised 
later.  He  was  aware  that  congress  had  granted  an 
appropriation  for  the  purpose  of  making  an  official 
treaty  between  the  superintendent  of  Oregon,  the 
Modocs,  and  the  Klamaths,  and  that  the  latter  had 
been  fed  during  the  winter  previous  at  the  fort,  in  an 
ticipation  of  this  treaty.  For  him  to  come  in  with 
an  individual  engagement  was  to  lay  the  foundation 
for  trouble  with  the  Modocs,  who  were  entirely  satis 
fied  with  a  treaty,  which  left  them  free  to  visit  the 
mining  camps,  and  to  perpetrate  any  peccadilloes  which 
they  were  cunning  enough  to  conceal,  while  a  govern 
ment  treaty  which  would  restrain  them  from  such  privi 
leges  was  not  likely  to  be  so  well  received  or  kept. 
Keintpoos  did,  however,  agree  to  the  treaty  of  Octo 
ber  1864,  at  the  council-grounds  on  Sprague  River, 
whereby  the  Klamaths  and  Modocs  relinquished  to 
the  United  States  all  the  territory  ranged  by  them, 
except  a  certain  large  tract  lying  north  of  Lost  River 
Valley. 

Sconchin,  the  head  chief  of  all  the  Modocs,  was  now 
an  old  man.  In  his  fighting  days  he  had  given  immi 
grants  and  volunteer  companies  plenty  to  do  to^ayoid 
his  arrows.  It  was  through  his  warlike  activities 


558  THE  MODOC  WAR. 

that  the  rocky  pass  round  the  head  of  Tule  Lake  came 
to  be  called  Bloody  Point.  Yet  he  had  observed  the 
conditions  of  the  treaty  faithfully,  living  with  his  band 
at  his  old  home  on  Sprague  River,  within  the  limits 
of  the  reservation,  and  keeping  his  people  quiet.  But 
Keintpoos,  or  Captain  Jack,  as  I  shall  henceforth  call 
him,  still  continued  to  occupy  Lost  River  Meadows, 
a  favorite  grazing-ground,  where  his  band  usually 
wintered  their  ponies,  and  to  live  as  before  a  life  com 
bining  the  pleasures  of  savagery  and  civilization,  keep 
ing  his  agreement  neither  with  Steele  nor  the  United 
States,  two  of  his  followers  being  arrested  in  1867  for 
distributing  ammunition  to  the  hostile  Snakes. 

O 

This  practice,  with  other  infringements  of  treaty 
obligations,  led  the  agent  in  charge  of  the  Klamath 
reservation  in  1868  to  solicit  military  aid  from  the 
fort  to  compel  them  to  go  upon  the  reserve,2  which 
was  not  at  that  time  granted. 

In  1869  the  settlers  of  Siskiyou  county,  California, 
petitioned  General  Crook,  in  command  of  the  Oregon 
department,  to  remove  the  Modocs  to  their  reserva 
tion,  saying  that  their  presence  in  their  midst  was 
detrimental  to  the  interests  of  the  people.  Crook 
replied  that  he  would  have  done  so  before  but  for  a 
report  emanating  from  Fort  Klamath  that  the  Indian 
agent  did  not  feed  them.3  After  some  weeks,  how 
ever,  he,  on  the  demand  of  Superintendent  A.  B. 
Meacham,  ordered  Lieutenant  Goodale,  commanding 
at  Fort  Klamath,  to  put  Jack  and  his  band  upon 
the  reserve  if  in  his  belief  the  Indian  department  was 
prepared  to  care  for  them  properly.  Accordingly,  in 
December,  Meacharn  obtained  a  detachment  of  troops 
and  repaired  to  the  ford  on  Lost  River,  where  he  had 
an  interview  with  Jack,  informing  him  of  the  purpose 
of  the  government  to  exact  the  observance  of  the 

2  Yreka  Journal,  Nov.  15,  1867;  Woodbridge  Messenger,  Nov.  23, 1867;  Ind. 
Aff.  R?pt,  1868,  124. 

3  Military  Correspondence,  Oct.  14,  and  Dec.  7,  1869;  Ind.  Aff.  Rept,  1869, 
155;  Pot  Hand  Oregonian,  Aug.  4,  1868. 


MEACHAM  AND  CAPTAIN  JACK.  559 

treaty.  Jack  hesitated  and  prevaricated,  and  during 
the  night  fled  with  a  part  of  his  followers  to  the  lava- 
beds  south  of  Tule  Lake,  leaving  the  camp  in  charge 
of  two  subchiefs,  George  and  Riddle.  But  Meacham 
remained  upon  the  ground,  and  after  two  or  three 
days'  correspondence  with  Jack  by  means  of  messen 
gers,  obtained  his  consent  to  come  upon  the  reservation 
with  his  people,  Jack  at  the  same  time  confiding  his 
resolve  to  George  not  to  remain  longer  than  he  found 
it  agreeable.4  Meacham  established  Jack  comfortably 
at  Modoc  Point,  on  Klamath  Lake,  by  his  own  desire, 
where  also  Sconchin  was  temporarily  located  while 
improvements  were  being  made  upon  the  lands  in 
tended  for  cultivation. 

As  I  have  intimated,  the  military  department  threw 
doubts  upon  the  manner  in  which  the  Indian  depart 
ment  provided  for  the  wants  of  the  Indians;  and  to 
prevent  any  occasion  being  given  to  Jack  to  violate 
treaty  obligations,  Captain  O.  C.  Knapp  was  com 
missioned  agent,5  who  was  profuse  in  his  allowances 
to  the  Modocs  in  order  to  cultivate  their  regard.  But 
all  in  vain.  Early  in  the  spring  Jack,  pretending  to  be 
starved,  but  in  reality  longing  for  the  dissipations  of 
Yreka,  and  designing,  by  drawing  away  as  many  as  pos 
sible  of  Sconchin's  men,  to  become  a  full  chief,  left  the 
reservation  with  his  band,  and  returned  to  Lost  River 
Valley,  which  was  now  being  settled  up  by  white 
cattle-raisers.  This  movement  of  Jack's  caused  Mea 
cham  to  accuse  Knapp  of  permitting  the  Klamaths 
to  annoy  and  insult  the  Modocs,  thus  provoking  them 
to  flight.  Meacham  was  a  man  with  a  hobby.  He 
believed  that  he  knew  all  about  the  savage  race,  and 
how  to  control  it.  Like  Steele,  when  he  accepted 
the  chieftainship  of  Jack's  band  in  1864,  he  was  flat- 

40.  C.  AppUcjak?*  Modoc  History,  MS.,  2.  This  is  a  full  and  competent 
account  of  Modoc  affairs  from  1864  to  1873.  No  one  has  a  more  thorough  and 
intelligent  knowledge  of  the  customs,  manners,  ideas,  and  history  of  this  tribe 
than  Mr  Applegate. 

5  Military  officers  were,  in  the  autumn  of  1869,  substituted  for  other  agents 
at  each  of  the  reservations  in  eastern  Oregon,  and  at  several  in  California. 
lad.  Aff.  R«ptt  1870,  51. 


560 


THE  MODOC  WAR. 


tered  by  the  distinction  of  being  the  friend  of  these 
wild  people,  and  his  theory  was  that  he  could  govern 
them  through  his  hold  on  their  esteem.  Knapp  was 
accused  by  Jack  of  causing  his  people  to  labor  at  mak 
ing  rails  for  fencing,  with  providing  insufficient  food, 
and  with  moving  them  from  place  to  place,  although 
he  had  only  proposed  to  remove  them  to  land  more 
suitable  for  opening  farms,  and  furnished  with  wood 
and  grass,6  and  this,  Meacham  said,  was  reason  enough 


THE  MODOC  COUNTRY. 

for  their  leaving  the  reservation.  He  now  called  upon 
the  commandant  of  the  fort  to  take  measures  to  return 
Jack  and  his  band  to  the  reserve,  and  also  insisted 
upon  the  relative  positions  of  the  civil  superintendent 
and  military  agent  being  made  clear  by  the  depart 
ment  at  Washington.  Having  a  military  agent  did 
not  seem  to  work  well,  since  Captain  Knapp,  through 
his  knowledge  of  affairs  at  the  fort,  and  the  inefficiency 
of  Goodale's  command,  refrained  from  making  a  requi- 

6 Military  Correspondence,  MS.,  March  18,  1873. 


PREPARATIONS  FOR  TROUBLE.  561 

sition  upon  him,  when  in  his  character  of  agent  it  was 
his  duty  to  have  done  so.  This  neglect  caused  Goodale 
to  be  censured,  who  promptly  placed  the  blame  upon 
Knapp,  while  admitting  the  soundness  of  his  judg 
ment.7  Owing  to  the  inferiority  of  the  force  at 
Klamath,  no  steps  were  taken  for  a  year  and  a  half  to 
bring  back  the  Modocs  under  Jack  to  the  reservation, 
during  which  time  they  roamed  at  will  from  one  re 
sort  to  another,  making  free  use  of  the  beef  of  the 
settlers  on  Lost  River,  and  by  their  insolence  each 
summer  frightening  the  women  into  flight.8 

In  August  1870  General  Crook  was  relieved  from 
the  command  of  the  Department  of  the  Columbia  by 
General  E.  R.  S.  Canby,  and  sent  to  fight  the  Ind 
ians  of  Arizona,  for  which  purpose  all  the  military 
stations  in  Oregon  were  depleted.9  At  Fort  Klam 
ath  there  was  one  company,  K,  of  the  23d  infantry 
under  Lieutenant  Goodale,  and  no  cavalry,  while  at 
Camp  Warner,  over  a  hundred  miles  to  the  east, 
there  were  two  companies,  one  being  cavalry,  neither 
post  being  strong  enough  to  assist  the  other,  and  both 
having  to  keep  in  check  a  large  number  of  Indians 
subdued  by  Crook,  but  not  yet  trusted  to  remain  quies 
cent. 

There  were  certain  other  elements  to  be  taken  into 
account  in  considering  the  causes  which  led  to  the 

o 

Modoc  war.  The  Klamaths  used  formerly  to  be 
allies  of  the  Modocs,  although  they  seem  never  to 
have  been  so  fierce  in  disposition;  but  after  being 
settled  on  the  reserve  and  instructed,  and  especially 
after  Lalake,  their  old  chief,  was  deposed,  being  sup 
planted  by  a  remarkable  young  Klainath,  named  by 

7  Letter  of  Goodale,  in  Military  Correspondence,  MS.,  May  16,  1870. 

8  Jack's  band  used  to  range  up  and  down  among  the  rancheros,  visiting 
houses  in  the  absence  of  the  men,  ordering  the  women  to  cook  their  dinners, 
lounging  on  beds  while  the  frightened  women  complied,  and  committing  va 
rious  similar  outrages  for  two  summers  before  the  war  began,  causing  the 
settlers  to  send  their  families  to  Rogue  River  Valley  for  safety.  Applegate's 
Modoc  History,  MS. 

9Rept  of  Maj.-gen.  George  H.  Thomas,  in  H.  Ex.  Doc.,  i.  pt  ii.,  114, 
41st  cong.  ?d  sess. 

HIST.  OB.,  VOL.  II.    36 


562  THE  MODOC  WAR. 

the  agent  Allen  David,  their  ambition  was  not  to 
fight,  but  to  learn  the  arts  of  peace.  Their  advance 
ment  in  civilization  and  conformity  to  treaty  regula 
tions  was  a  source  of  pride  with  them,  and  of  annoy 
ance  to  Captain  Jack,  the  more  so  that  the  Klamaths 
had  assisted  in  arresting  the  Modocs  guilty  of  aiding 
the  hostile  Shoshones  with  ammunition.  But  Jack 
was  even  more  annoyed  with  Sconchin,  whom  he 
taunted  with  remaining  on  the  reservation  more  for 
convenience  than  care  for  his  people,10  whom  Jack 
was  constantly  endeavoring  to  entice  away. 

In  1870,  having  been  left  so  long  to  follow  his  own 
devices,  Jack  made  a  formal  claim  to  a  tract  of  land, 
already  settled  upon,  six  miles  square,  and  lying  on 
both  sides  of  the  Oregon  and  California  line,  near 
the  head  of  Tule  Lake.  Superintendent  Meacham, 
not  knowing  how  to  compel  Jack  to  bring  his  people 
upon  the  reserve,  reported  to  the  secretary  of  the 
interior,  recommending  that  this  tract  as  described 
should  be  allowed  them  as  a  reserve.  A  more  unwise 
proposition  could  not  have  been  made;  for  aside 
from  the  precedent  established,  there  was  the  conflict 
with  the  settlers  already  in  possession  within  these 
limits,  the  opposition  of  the  neighboring  farmers  to 
having  this  degraded  band  in  their  vicinity,  and  the 
encouragement  given  to  Jack,  who  was  informed  of 
the  superintendent's  action,  bearing  upon  the  future 
aspect  of  the  case. 

Previous  to  this  Knapp  went  to  Yreka  to  have  an 
interview  with  Jack,  whose  importance  increased  with 
finding  himself  the  object  of  so  much  solicitude,  and 
who  flatly  refused  to  go  with  him  to  Camp  Yainax, 
Sconchin's  home,  to  meet  the  superintendent.  Dur 
ing  the  summer  of  1871  he  frequently  visited  the 
reservation,  defying  the  military  authorities,  and 
boasting  that  in  Yreka  he  had  friends  who  gave  him 

10  W.  V.  Rhinehart,  in  Historical  Correspondence,  MS.,  agrees  with  Jack 
about  this.  But  Sconchin  was  never  detected  in  illicit  intercourse  with  the 
v  enemy. 


MURDER  BY  CAPTAIN  JACK.  563 

and  his  people  passes  to  go  where  they  pleased,  which 
boast  he  was  able  to  confirm.11  At  length  Jack  pre 
cipitated  the  necessity  of  arresting  him  by  going  upon 
the  reservation  and  killing  a  'doctor,'  who,  having  failed 
to  save  the  lives  of  two  persons  in  his  family,  was, 
according  to  savage  reasoning,  guilty  of  their  deaths. 
It  is  doubtful  if  an  Indian  who  had  lived  so  much 
among  white  people  believed  in  the  doctor's  guilt; 
but  whether  he  really  meant  to  avenge  the  death  of 
his  relatives  or  to  express  his  defiance  of  United 
States  authority,  the  effect  was  the  same.  By  the 
terms  of  the  treaty  the  government  was  bound 
to  defend  the  reservation  Indians  against  their 
enemies.  Ivan  D.  Applegate,  commissary  at  Camp 
Yainax,  made  a  requisition  upon  the  commander  at 
Fort  Klamath  to  arrest  Jack  for  murder,  the  effort  to 
do  so  being  rendered  ineffectual  by  the  interference  of 
Jack's  white  friends  in  Yreka.12 

Lieutenant  Goodale  was  relieved  at  Fort  Klamath 
in  1870,  by  Captain  James  Jackson,  1st  United  States 
cavalry,  with  his  company,  B.  Knapp  had  also  been 
relieved  of  the  agency  on  the  reservation  by  John 
Meacham,  brother  of  the  superintendent,  who  on  being 
informed  of  the  murder  on  the  reserve  instructed  the 
agent  to  make  no  arrests  until  a  conference  should 
have  been  had  with  Jack  and  his  lieutenants,  at  the 
same  time  naming  John  Meacham  and  Ivan  D.  Apple- 
gate  as  his  representatives  to  confer  with  them.13 

11  Says  Jackson:  '  He  carries  around  with  him  letters  from  prominent  citi 
zens  of  Yreka,  testifying  to  his  good  conduct  and  good  faith  with  the  whites. 
Many  of  the  settlers  in  the  district  where  he  roams  are  opposed  to  having  him 
molested.'  Military  Correspondence,  MS.,  Aug.  29,  1871.  This  was  true  of 
some  of  the  settlers  on  the  six-mile  tract,  who  feared  to  be  massacred  should 
his  arrest  be  attempted.  How  well  they  understood  the  danger  was  soon 
proved. 

*12  The  following  is  a  copy  of  a  paper  carried  around  by  Jack:  '  Yreka, 
June  26,  1871.  Captain  Jack  has  been  to  Yreka  to  know  what  the  whites  are 
going  to  do  with  him  for  killing  the  doctor.  The  white  people  should  not 
mwldle  with  them  in  their  laws  among  themselves,  further  than  to  persuade 
them  out  of  their  foolish  notions.  White  people  are  not  mad  at  them  for 
executing  their  own  laws,  and  should  not  be  anywhere.  Let  them  settle  all 
these  matters  among  themselves,  and  then  our  people  will  be  in  no  danger 
from  them.  E.  Steele.'  Applegate's  Modoc  Hist.,  MS. 

13  Lieut  R.  H.  Anderson,  in  Military  Correspondence^  MS.,  Aug.  4,  1871; 
H.  Com.  Rept,  98,  257-67,  42d  cong.  ' 


564  THE  MODOC  WAR. 

This  desire  having  been  communicated  to  Canby,  he 
directed  Jackson  to  suspend  any  measures  looking  to 
the  arrest  of  Jack  until  the  superintendent's  order  for 
a  conference  had  been  carried  out,  but  to  hold  his  com 
mand  in  readiness  to  act  promptly  for  the  protection 
of  the  settlers  in  the  vicinity  should  the  conduct  of 
the  Indians  make  it  necessary.  At  the  same  time  a 
confidential  order  was  issued  to  the  commanding  offi 
cer  at  Vancouver  to  place  in  effective  condition  for 
field  service  two  companies  of  infantry  at  that  post.1* 

In  compliance  with  the  temporizing  policy  of  the 
superintendent,  John  Meacharn  despatched  Sconchin 
with  a  letter  to  John  Fairchild,  living  on  the  road 
from  Tule  Lake  to  Yreka,  a  frontiersman  well  known 
to  and  respected  by  the  Indians,  and  who  accompanied 
Sconchin,  and  with  him  found  Jack,  who  refused  to 
hold  a  conference  with  the  agent  and  commissary,  as 
desired. 

Among  the  settlers  in  the  country  desired  by  Jack 
was  Oregon's  venerable  pioneer,  Jesse  Applegate,  re 
siding  as  agent  upon  a  tract  claimed  by  Jesse  D.  Carr 
of  California,  and  lying  partly  in  that  state  and  partly 
in  Oregon.  Of  Applegate,  Jack  demanded  pay  for 
occupation.  On  being  refused,  one  of  Jack's  personal 
guard,  known  as  Black  Jim,  set  out  on  a  raid  among 
the  settlers,  at  the  head  of  fifteen  or  twenty  warriors, 
alarming  the  whole  community,  and  causing  them  to 
give  notice  at  the  agency.  These  things  led  to  a  fur 
ther  attempt  to  gain  a  conference  with  Jack,  he  being 
given  to  understand  that  if  he  would  consent  he  would 
be  safe  from  arrest,  and  allowed  to  remain  for  the 
present  in  the  Lost  River  country. 

At  length  Jack  signified  his  willingness  to  see  the 
commissioners,  provided  they  would  come  to  him  at 
Clear  Lake,  Applegate's  residence,  attended  by  no 
more  than  four  men,  he  promising  to  bring  with  him 
the  same  number.  Word  was  at  once  sent  by  Apple- 
gate  to  Klamath,  sixty  miles,  and  the  commissioners 

14  Military  Correspondence,  MS.,  Aug.  6,  1871. 


A  CONFERENCE.  565 

were  informed.  On  arriving  at  the  rendezvous,  they 
found,  instead  of  four  or  five  Modocs,  twenty-nine, 
in  war-paint  and  feathers. 

The  conference  was  an  awkward  one,  Black  Jim 
doing  most  of  the  talking  for  the  Modocs.  Jack  was 
sullen,  but  finally  gave  as  a  reason  for  not  returning 
to  the  reservation  that  he  was  afraid  of  the  Klamatla 
1  medicine/15  He  also  complained  that  the  Klam- 
aths  exasperated  him  by  assuming  the  ownership  of 
everything  on  the  reserve,  drew  an  effective  picture  of 
the  miseries  of  such  a  state  of  dependence,  and  denied 
that  his  people  had  ever  done  anything  to  disturb  the 
settlers.16  When  reminded  that  he  had  driven  away 
several  families,  and  that  those  who  remained  were 
assessed,  he  demanded  to  know  who  had  informed 
against  him,  but  was  not  told.17  All  through  the  in 
terview  Jack  had  the  advantage.  There  were  thirty 
armed  Modocs  against  half  a  dozen  white  men,  who, 
warned  by  Jack's  sullen  demeanor,  dared  not  utter  a 
word  that  might  be  as  fire  to  powder.  He  so  far 
unbent  during  the  conversation  as  to  promise  not  to 
annoy  the  settlers,  and  not  to  resist  the  military,  and 
was  given  permission  to  remain  where  he  was  until 
the  superintendent  could  come  to  see  them;  and  upon 
this  understanding  John  Meacham  wrote  to  that 

O 

functionary  that  no  danger  was  to  be  apprehended 
from  Jack's  band.  Yet  the  commissioners  had  hardlv 

v> 

set  out  on  their  return  to  Yainax  when  it  was  warmly 
debated  in  the  Modoc  camp  whether  or  not  to  com 
mence  hostilities  at  once  by  murdering  Jesse  Apple- 
gate  and  the  other  settlers  about  Clear  and  Tule 
lakes.18 


15 1  am  at  a  loss  for  a  word  to  give  as  a  synonym  for  'medicine'  as  here 
used.     It  might  be  the  'evil-eye'  of  the  ancients. 

16  H.  F.  Miller  was  at  that  time  paying  them  an  assessment.     This  man 
said  to  a  neighbor:  'I  favor  the  Modocs  because  lam  obliged  to  do  it.     If 
they  go  to  war  they  will  not  kill  me,  because  I  use  them  so  well.'  Applegnte's 
Modoc  Hint. ,  MS.     Mark  the  sequel. 

17  John  Meacham,  in  J Historical  Correspondence,  MS.,  Aug.  21,  1871. 
18This  was  afterward  confessed  by  the  Modocs  to  their  captors.  Appleyate's 

Modoc  Hist.,  MS. 


566  THE  MODOC  WAR. 

Agent  Meacham's  report  of  security  for  the  present 
was  communicated  by  the  superintendent  to  Canby, 
who  in  turn  reported  it  to  the  division  commander  at 
San  Francisco,  and  the  matter  rested.  Major  Luding- 
ton,  military  inspector,  who  made  a  tour  of  the  sta 
tions  on  the  border  of  California  and  Oregon,  passing 
through  camps  Bid  well,  Warner,  and  Harney,  also 
reported  the  people  on  the  whole  route  free  from  any 
fear  of  Indians,  and  that  the  rumors  of  alarm  arose 
solely  from  petty  annoyances  to  individuals  from  Ind 
ians  visiting  the  settlements.19  Fort  Klamath  was 
not  visited  by  the  inspector,  and  the  report  of  the 
Indian  agent  misled  the  military  department. 

But  the  settlers  in  the  Tule  and  Clear  Lake  district 
did  not  feel  the  same  security.  On  the  contrary,  in 
November  1871  they  petitioned  the  superintendent 
and  Canby  to  remove  the  Modocs  to  their  reserva 
tion,  saying  that  their  conduct  was  such  that  they 
dared  not  allow  their  families  to  remain  in  the  coun 
try.20  Their  petition  remained  in  the  superintend 
ent's  hands  for  two  months  before  it  was  submitted  to 
Canby,  with  the  request  that  Jack's  band  be  removed 
to  Camp  Yainax,  and  suggesting  that  not  less  than 
fifty  troops  be  sent  to  perform  this  duty,  and  that 
Commissary  Applegate  accompany  the  expedition,  if 
not  objected  to  by  Captain  Jackson. 

Canby  replied  that  he  had  considered  the  Modoc 
question  temporarily  settled  by  the  permission  given 
them  by  the  commissioners  to  remain  where  they  were 
until  they  had  been  notified  of  the  determination  of 
the  government  in  regard  to  the  six  miles  square 
recommended  by  him  to  be  given  them  for  a  separate 
reserve,  and  that  it  would  be  impolitic  to  send  a  mili 
tary  force  against  them  before  that  decision,  or  before 

19 Military  Correspondence,  Sept.  2,  1871.  Capt.  Jackson  also  wrote,  'I 
ha.ve  no  doubt  that  they  are  insolent  beggars,  but  so  far  as  I  can  ascertain  no 
one  has  been  robbed,  or  seriously  threatened.'  //.  Ex.  Doc.,  i.  pt  ii.,  115,  41st 
cong.  2d  sess. 

2uSee  letter  of  Jesse  Applegate  to  Supt  Meacham,  Feb.  1,  1872,  in  H.  Ex. 
Doc.,  122,  13,  43d  cong.  1st  sess. ;  Military  Correspondence,  MS.,  Jan.  29. 1872; 
Jacksonville  Democrat,  March  1,  1873. 


COMPLAINTS  OF  SETTLERS.  567 

they  had  been  notified  of  the  point  to  which  they 
were  to  be  removed;  but  that  in  the  mean  time  Jack 
son  would  be  directed  to  take  measures  to  protect  the 
settlers,  or  to  aid  in  the  removal  of  the  Modocs  should 
force  be  required.21 

Alarmed  by  the  delay  in  arresting  Jack,  a  petition 
was  forwarded  to  Governor  Grover,  requesting  him 
to  urge  the  superintendent  to  remove  the  Modocs,  or 
authorize  the  organization  of  a  company  of  mounted 
militia  to  be  raised  in  the  settlements  for  three  months' 
service,  unless  sooner  discharged  by  the  governor. 
In  this  petition  they  reiterated  their  former  com 
plaint,  that  they  had  been  harassed  for  four  years  by 
about  250  of  these  Indians,  80  of  whom  were  fight 
ing  men.  These  latter  were  insolent  and  menacing, 
insulting  their  families,  drawing  arms  upon  citizens, 
and  in  one  case  firing  at  a  house.  They  complained 
that  the  superintendent  had  turned  a  deaf  ear,  and 
unless  the  governor  could  help  them  there  was  no 
further  authority  to  which  they  could  appeal.  Being 
scattered  over  a  large  area,  it  was  to  be  feared  that 
in  case  of  an  outbreak  the  loss  of  life  would  be  heavy.22 
Grover  succeeded  in  procuring  an  order  that  Major 
Otis,  with  a  detachment  of  50  cavalry  and  their  offi 
cers,  should  establish  a  temporary  camp  in  Lost  River 
district;  but  Canby  refused  to  take  any  more  active 
measures  before  the  answer  to  the  recommendation  of 
the  superintendent,  with  regard  to  a  reservation  in 
that  country,  should  arrive  from  Washington. 

Early  in  April  Meacham  was  relieved  of  the  super- 
intendency,  and  T.  B.  Odeneal  appointed  in  his  place. 
One  of  his  first  acts  was  to  take  council  of  Otis  in 
regard  to  the  propriety  of  permitting  Jack  and  his 
followers  to  remain  any  longer  where  they  were, 

21  See  correspondence  in  T.  B.  Od'neal'x  Modoc  War;  Statement  of  its  Origin 
and  Cawtes,  etc. ;  Portland,  1873.  This  pamphlet  was  prepared  by  request  of 
H.  W.  Scott,  C.  P.  Crandall,  B.  Goldsmith,  and  Alex.  P.  Ankeney,  of  Port 
land,  to  correct  erroneous  impressions  occasioned  by  irresponsible  statements, 
and  is  made  up  chiefly  of  official  documents. 

32 Military  Correspondence,  MS.,  Jan.  29  aud  Feb.  19,  1872. 


568  THE  MODOC  WAR. 

when  Otis  made  a  formal  recommendation  in  writing 
that  the  permission  given  by  Meacham  should  be 
withdrawn,  and  they  directed  to  go  upon  the  reser 
vation,  the  order  not  to  be  given  before  September; 
that  in  case  of  their  refusal  the  military  could  put 
them  upon  it  in  winter,  which  was  the  most  favorable 
season  for  the  undertaking.  Otis  further  recom 
mended  placing  Jack  and  Black  Jim  on  the  Siletz 
reservation,  or  any  other  place  of  banishment  from 
their  people,  giving  it  as  his  opinion  that  there  would 
be  no  peace  while  they  were  at  liberty  to  roam,  with 
out  a  considerable  military  force  to  compel  his  good 
behavior.  In  order  to  make  room  for  the  Modocs, 
and  leave  them  no  cause  of  complaint,  he  proposed  the 
removal  of  Otsehoe's  band  of  Shoshones,  together  with 
Wewawewa's  and  some  others,  to  a  reservation  in  the 
Malheur  country.23  The  same  recommendation  was 
made  to  Canby  on  the  15th  of  April. 

While  these  matters  were  under  discussion,  the 
long-delayed  order  arrived  from  the  commissioner  of 
Indian  affairs  at  Washington  to  remove  the  Modocs, 
if  practicable,  to  the  reservation  already  set  apart  for 
them  by  the  treaty  of  1864,  and  to  see  that  they  were 
protected  from  the  aggressions  of  the  Klamaths. 
Could  this  not  be  done,  or  if  the  superintendent 
should  be  unable  to  keep  them  on  the  reserve,  he  was 
to  report  his  views  of  locating  them  at  some  other 
point  which  he  should  select. 

Odeneal  wrote  to  the  new  agent  at  Klamath,  L.  S. 
Dyar,24  and  to  Commissary  Applegate  to  seek  an 

23  'I  make  the  above  recommendations,'  he  said,  'after  commanding  the 
military  districts  of  Nevada,  Owyhee,  and  the  districts  of  the  lakes,'  succes 
sively  since  December  1867.  OdeneaVs  Modoc  War,  22. 

21  Dyar  was  the  fourth  agent  in  three  years.  Lindsey  Applegate  was  in 
cumbent  from  1864  to  1869,  when  Knapp  was  substituted  to  secure  the  fair 
treatment  of  the  Indians,  which  it  was  then  supposed  only  military  officers 
could  give.  But  Captain  Knapp  was  more  complained  of  than  Applegate, 
because  he  endeavored  to  get  some  service  out  of  the  Modocs  in  their  own 
behalf.  John  Meacham  was  then  placed  in  office  for  one  year,  when  J.  11. 
High,  former  agent  at  Fort  Hall,  supplanted  him.  Klamath  agency  being 
under  assignment  to  the  methodist  church  for  religious  teaching,  L.  8.  Dyar 
was  appointed  through  this  influence.  All  of  these  men  treated  the  Indians 
well. 


FUTILE  NEGOTIATIONS.  569 

interview  with  Jack,  and  endeavor  to  persuade  him 
to  go  to  live  on  the  reservation.  Major  Otis  had 
previously  made  an  attempt,  through  his  Indian  scouts, 
to  have  a  conference,  but  had  been  repulsed  in  a 
haughty  manner.  However,  after  much  negotiation 
it  had  been  agreed  that  a  meeting  should  take  place 
at  Lost  River  gap  between  Otis,  Agent  High,  Ivan 
and  Oliver  Applegate,  with  three  or  four  citizens  as 
witnesses,  and  three  or  four  Klamath  scouts  on  one 
side,  and  Jack  with  half  a  dozen  of  his  own  men  on 
the  other.  But  according  to  his  former  tactics,  Jack 
presented  himself  with  thirty-nine  fighting  men,  and 
had  Otis  at  his  mercy. 

The  council  at  Lost  River  gap  was  productive  of  no 
good  results,  Jack  denying  any  complaints  made  by 
the  settlers,  and  one  of  the  witnesses,  Miller,  testifying 
that  his  conduct  was  peaceable,  under  the  selfish  and 
mistaken  belief  that  he  was  insuring  his  own  immu 
nity  from  harm.25  When  Odeneal's  order  arrived  for  a 
council  with  Jack,  that  he  might  be  informed  of  the 
decision  of  the  commissioner  of  Indian  affairs,  Scon- 
chin  was  employed  to  act  as  messenger  to  arrange  for 
a  meeting  at  Linkville;  but  Jack  returned  for  answer 
that  any  one  desiring  to  see  him  would  find  him  in 
his  own  country.  After  considerable  effort,  a  meeting 
was  arranged  to  take  place  at  the  military  encamp 
ment  at  Juniper  Springs,  on  Lost  River.  Agents 
Dyar  arid  Applegate,  attended  by  some  of  Sconchin's 
head  men,  met  Jack  and  his  warriors  on  the  14th  of 
May,  when  every  argument  and  persuasion  was  used 
to  influence  him  to  conform  to  the  treaty,  but  without 
success.  His  unalterable  reply  was  that  he  should 
stay  where  he  was,  and  would  not  molest  settlers  if 
they  did  not  locate  on  the  west  side  of  Lost  River, 
near  the  mouth,  where  he  had  his  winter  camp.  The 
settlers,  he  said,  were  always  lying  about  him  and 

25  It  is  said  that  Miller  went  to  Fairchilds  and  complained  bitterly  of  the 
position  in  which  Otis'  questions  before  the  Indians  had  placed  him.  He 
admitted  that  he  had  not  told  the  truth,  but  declared  that  he  dared  not  say 
otherwise.  Sisldyou  County  A  fairs,  MS.,  53. 


570  THE  MODOC  WAR. 

making  trouble,  but  his  people  were  good  people,  and 
would  not  frighten  anybody.  He  desired  only  peace, 
and  was  governed  by  the  advice  of  the  people  of 
Yreka,  who  knew  and  understood  him.26  The  old 
chief  Sconchin  then  made  a  strong  appeal  to  Jack  to 
accept  the  benefits  of  the  treaty,  and  pointed  out  the 
danger  of  resistance,  but  in  vain. 

The  commissioners  reported  accordingly,  and  also 
that  in  casting  about  for  some  locality  where  Jack's 
band  might  be  placed,  apart  from  the  Klamaths, 
no  land  had  been  found  unoccupied  so  good  for  the 
purpose  as  that  upon  the  reservation.  Camp  Yainax 
was,  in  fact,  nearly  as  far  from  the  Klamath  agency 
as  the  Lost  River  country.  Nothing  now  remained 
but  to  prepare  to  bring  the  Modocs  on  to  the  reser 
vation.  Odeneal  gave  it  as  his  opinion  that  the  lead 
ing  men  among  them  should  be  arrested  and  banished 
to  some  distant  place  until  they  should  agree  to  abide 
by  the  laws,  while  the  remainder  should  be  removed 
to  Yainax,  suggesting  the  last  of  September  as  a 
proper  time  for  carrying  out  this  purpose;  and  the 
commissioner  issued  the  order  to  remove  them,  "peace 
ably  if  you  can,  forcibly  if  you  must." 

In  May,  the  Modocs  having  broken  camp  and  begun 
their  summer  roaming,  Otis  reported  his  station  on 
Lost  River  unnecessary,  and  the  troops  were  with 
drawn  about  the  1st  of  June.  No  sooner,  however, 
were  the  troops  back  at  Fort  Klamath  than  Jack  ap 
peared  at  the  camp  of  Sconchin's  people,  away  from 
Yainax  on  their  summer  furlough,  with  forty  armed 

26  Who  besides  E.  Steele  Jack  referred  to  is  not  known.  Sfceele  admits 
giving  advice  to  Jack  and  his  followers.  '  My  advice  to  them  was,  and  always 
has  been,  to  return  to  the  reservation,  and  further,  that  the  officers  would 
compel  them  to  go.  They  replied  that  they  would  not  go,  and  asked  why  the 
treaty  that  I  had  made  with  them  when  I  was  superintendent  of  northern 
California — they  supposing  that  our  state  line  included  their  village  at  the 
fishery — was  not  good.  .  .1  told  them  they  had  made  a  new  treaty  with  the 
Oregon  agency  since  mine,  and  sold  their  lands,  and  that  had  done  away  with 
the  first  one.  Jack  said  he  did  not  agree  to  it. .  .1  have  written  several  letters 
for  him  to  the  settlers,  in  which  I  stated  his  words  to  them,'  etc.  These  ex 
tracts  are  from  a  manuscript  defence  of  his  actions,  written  by  Steele  to  his 
brother  at  Olympia,  in  my  possession,  entitled  Steele's  Modoc  Question,  MS. 


STEELE'S  PLANS.  571 


warriors,  conducting  himself  in  such  a  manner  as  to 
frio-hten  them  back  to  the  agency.  The  citizens  were 
hardly  less  alarmed,  and  talked  once  more  of  organiz- 
ino-  a  militia  company.  The  usual  correspondence 
foflowed  between  the  Indian  and  military  departments, 
and  the  settlers  were  once  more  assured  that  their 
safety  would  be  looked  after.27 

While  the  Modoc  question  was  in  this  critical  stage, 
influences  unknown  to  the  department  were  at  work 
confirming  Jack   in  his  defiant  course,  arising  from, 
nothing  less  than  a  scheme,  proposed  by  Steele  of 
Yreka,  to  secure  from  the  government  a  grant  of  the 
land  desired  by  him,  on  condition  that  he  and  his  peo 
ple  should  abandon  their  tribal  relation,  pay  taxes,  and 
improve  the  land,  which  they  promised  to  do.28     But 
no  one  knew  better  than  Steele  that  to  leave  the  Mo- 
docs  in  the  midst  of  the  white  settlements  would  be 
injurious  to  both  races,  and  most  of  all  to  the  Indians 
themselves,  who  instead  of  acquiring  the  better  part 
of  civilization  were  sure  to  take  to  themselves  only  the 
worse;  and  that  the  better  class  of  white  people  must 
object  to  the  contiguity  of  a  small  special  reserve  m 
their  midst.     Not  so  did  the  Modocs  themselves  rea 
son  about  the   matter.     Steele,  because  they  could 
approach  him  with  their  troubles,  and  because  he  sim 
ply  told  them  to  go  and  behave  themselves,  without 
seeing  that  they  did  so,  was  the  white  chief  after  their 
own   mind,  and  his  word   was   law,  even  against  the 
power   with   which  they  had  made  a  treaty.     They 
were  proud  of  his  friendship,  which  gave  them  im 
portance  in  their  own  eyes,  and  which  blinded  them 
to  their  inevitable  doom.     So  said  the  settlers,  with 
whom  I  cannot  always  fully  agree. 

* Military  Correspondence,  MS.,  June  10,  15,  and  20,  1872;  OdeneaVs  Mo- 

d°C™  Steele1™  threatened  with  prosecution  by  Odeneal,  and  in  the  defence 
before  referred  to,  after  explaining  his  acts,  says:  'At  this  last  interview  with 
Capt.  Jack  I  again  tried  to  persuade  him  to  go  upon  the  reservation,  but  I 
must  confess  that  it  was  as  much  to  avoid  the  trouble  and  expense  that  would 
fall  upon  me  in  getting  the  land  grant  through  for  them  as  from  any  other 
motive.'  Modoc  Question,  MS.,  25. 


572  THE  MODOC  WAR. 

It  now  being  definitely  settled  that  Jack's  band 
must  go  upon  the  reservation  to  reside  before  winter, 
Odeneal  repaired  to  the  Klamath  agency  November 
25th,  sending  a  special  messenger,  James  Brown  of 
Salem,  and  Ivan  Applegate  to  Lost  River  to  invite 
them  to  meet  him  at  Linkville,  and  to  promise  them 
the  kindest  treatment  if  they  would  consent  to  go 
to  Yainax,  where  ample  provision  had  been  made  for 
their  support.  If  they  would  not  consent,  he  required 
them  to  meet  him  at  Linkville  on  the  27th  for  a  final 
understanding. 

To  the  military  authorities  a  communication  was 
addressed  requiring  them  to  assist  in  carrying  out  the 
instructions  of  the  commissioner  of  Indian  affairs  by 
compelling,  if  necessary,  the  obedience  of  the  Modocs 
to  recognized  authority,  and  they  had  signified  their 
readiness  to  perform  this  duty.29  On  the  27th  Ode 
neal  and  Dyar  repaired  to  Linkville  to  meet  the  Mo- 
docs,  according  to  appointment,  but  found  there  only 
the  messengers,  by  whom  they  were  apprised  of  Jack's 
refusal  either  to  go  upon  the  reservation  or  to  meet 
the  superintendent  at  that  place.  "  Say  to  the  super 
intendent,"  returned  Jack,  "that  we  do  not  wish  to 
see  him  or  talk  writh  him.  We  do  not  want  any  white 
man  to  tell  us  what  to  do.  Our  friends  and  counsel 
lors  are  men  in  Yreka,  California.  They  tell  us  to 
stay  where  we  are,  and  we  intend  to  do  it,  and  will 
not  go  upon  the  reservation.  I  am  tired  of  being 
talked  to,  and  am  done  talking."  One  of  Jack's  lieu 
tenants,  commonly  known  as  Scarface  Charley,  from 
a  disfigurement,  would  have  taken  the  lives  of  the 
messengers  upon  the  spot,  but  was  restrained  by  Jack, 
who  preferred  waiting  until  the  superintendent  was  in 
his  power.30 

29  Odeneal's  Modoc  War,  33.     Capt.  Jackson  had  been  superseded  in  the 
command  at  Fort  Klamath  by  Maj.  G.  G.  Hunt,  who  in  turn  was  relieved 
July  17th  by  Maj.  John  Green.     Major  Otis   had  also  been  relieved  of  the 
command  of  the  district  of  the  lakes  by  Colonel  Frank  Wheaton,  21st  inf. 

30  This  was  revealed  by  friendly  Indians  present  at  the  conference.     It  is 
found  in  Dyar's  statement. 


FORCE  TO  BE  USED,  573 

Being  now  assured  that  nothing  short  of  an  armed 
force  could  bring  the  Modocs  to  submission,  Odeneal 
sent  word  to  Colonel  Green,  in  command  at  Fort 
Klamath,  that  military  aid  would  be  required  in  ar 
resting  Captain  Jack,  Black  Jim,  and  Scarface,  who 
should  be  held  subject  to  his  orders. 

It  had  never  been  contemplated  by  the  superintend 
ent  or  by  Canby  that  any  number  of  troops  under 
fifty  should  attempt  to  take  Jack  and  his  warriors. 
In  view  of  this  necessity,  Canby  had  issued  a  special 
order  early  in  September  giving  Wheaton  control  of 
the  troops  at  Klamath,  that  in  an  emergency  of  this 
kind  he  might  have  a  sufficient  force  to  make  the 
movement  successful,  and  Wheaton  had  directed 
Green  to  keep  him  fully  advised  by  courier  of  the 
attitude  of  the  Modocs.  But  now  occurred  a  fatal 
error.  Ivan  Applegate,  who  carried  Odeneal's  requi 
sition  to  the  fort,  supposed  that  there  was  a  sufficient 
force  of  cavalry  at  the  post  to  arrest  half  a  dozen  Ind 
ians,31  however  brave  or  desperate,  and  gave  it  as  his 
opinion  that  no  serious  resistance  would  be  made  to 
the  troops.  Oderieal,  in  his  letter  to  Green,  said:  "I 
transfer  the  whole  matter  to  your  department,  with 
out  assuming  to  dictate  the  course  you  shall  pursue 
in  executing  the  order."  Green,  who  was  of  Apple- 
gate's  opinion  that  the  Modocs  would  yield  at  the  ap- 
Searance  of  his  cavalry,  and  thinking  it  better  to  take 
ack  and  his  confederates  before  they  were  reenforced, 
immediately  sent  off  Captain  Jackson  with  thirty-six 
men  to  execute  the  order.32 

The  troops  left  Fort  Klamath  at  noon  on  the  28th, 

31  The  order  to  arrest  did  not  include  more.     Jack  was  believed  to  have 
about  60  fighting  men,  and  that  about  half  that  number  were  at  his  camp. 

32  When  the  mistake  had  been  made,  there  was  the  usual  quarrel  between 
the  military  and  Indian  departments  as  to  which  had  been  in  the  wrong. 
Gen.  Canby  exonerated  Odeneal  by  saying:   'The  time  and  manner  of  apply 
ing  force  rested  in  the  discretion  of  the  military  commander. '     It  is  easy  to 
see  that  Green  might  have  been  misled  by  Applegate's  report  that  Jack  had 
only  about  half  his  warriors  with  him,  but  he  must  have  known  that  he  was 
not  carrying  out  the  intentions  of  the  commanding  general- of  the  department. 
I  myself  think  that  he  wished  to  show  how  easy  a  thing  it  was  to  dispose  of 
the  Modoc  question  when  it  came  into  the  proper  hands. 


574  THE  MODOC  WAR. 

officered  by  Captain  Jackson,  Lieutenant  Boutelle, 
and  Dr  McEldery.  Odeneal  had  sent  Brown,  his 
special  messenger,  to  notify  the  settlers  who  were 
likely  to  be  endangered  in  case  of  an  engagement  with 
the  Modocs.  How  imperfectly  this  was  done  the 
sequel  proved.33  The  superintendent  met  Jackson  on 
the  road  about  one  o'clock  on  the  morning  of  the  29th, 
directing  him  to  say  to  Jack  and  his  followers  that  he 
had  not  come  to  fight,  but  to  escort  them  to  Yainax, 
and  not  to  fire  a  gun  except  in  self-defence. 

A  heavy  rain  was  falling,  through  which  the  troops 
moved  on,  guided  by  Ivan  Applegate,  until  daybreak, 
when,  arriving  near  Jack's  camp,  they  formed  in  line, 
and  advancing  rapidly,  halted  upon  the  outskirts, 
calling  to  the  Modocs  to  surrender,  Applegate  acting 
as  interpreter.  The  Indians  were  evidently  surprised 
and  wavering,  a  part  of  them  seeming  willing  to  obey, 
but  Scarface  and  Black  Jim,  with  some  others,  re 
tained  their  arms,  making  hostile  demonstrations  dur 
ing  a  parley  lasting  three  quarters  of  an  hour.  Seeing 
that  the  leaders  grew  more  instead  of  less  defiant, 
Jackson  ordered  Lieutenant  Boutelle  to  take  some 
men  from  the  line  and  arrest  them.  As  they  ad 
vanced,  Scarface  fired  at  Boutelle,34  missing  him.  A 
volley  from  both  sides  followed.  Almost  at  the  first 
fire  one  cavalryman  was  killed  and  seven  wounded. 
The  balls  from  the  troops  mowed  down  fifteen  Indians. 

Up  to  the  time  that  firing  commenced,  Jack  had 
remained  silent  and  sullen  in  his  tent,  refusing  to  take 
any  part  in  the  proceedings,  but  on  the  opening  of  hos 
tilities  he  came  forth  and  led  the  retreat  of  his  people, 
now  numbering  twice  as  many  as  on  the  visit  of  Brown 
and  Applegate.  In  this  retreat  the  women  and  chil 
dren  were  left  behind.  It  was  now  that  the  rashness 
of  Colonel  Green  became  apparent.  Jackson's  force, 

33  Brown  afterward  said  he  knew  nothing  of  any  settlers  below  Crawley's 
farm,  and  that  the  men  he  notified  said  nothing  about  any.  OdeneaUs  Modoc 
War,  39.  The  truth  was  that  none  comprehended  the  danger. 

3J  Oregonian,  Dec.  12,  1872;  Yreka  Journal,  Jan.  1,  1873;  Red  Bluff  Sen 
tinel,  Dec.  7,  1872. 


BEGINNING  OF  HOSTILITIES.  575 

already  too  light,  was  lessened  by  the  loss  of  eight 
men,  whom  he  dared  not  leave  in  camp  lest  the  Indian 
women  should  murder  and  mutilate  them,  and  he  was 
therefore  unable  to  pursue.  Leaving  a  light  skirmish 
line  with  Boutelle,  he  was  forced  to  employ  the  re 
mainder  of  the  troops  in  conveying  the  wounded  and 
dead  to  the  east  side  of  the  river  in  canoes,  and  thence 
half  a  mile  to  the  cabin  of  Dennis  Crawley,  after 
which  he  returned  and  destroyed  the  Indian  carnp. 

In  the  mean  time  a  citizens'  company,  consisting  of 
O.  C.  Applegate,  James  Brown,  J.  Burnett,  D.  Craw- 
ley,  E.  Monroe,  Caldwell,  and  Thurber,  who  had  gath 
ered  at  Crawley 's  to  await  the  result  of  the  attempted 
arrest,  attacked  a  smaller  camp  on  the  east  side,  and 
lost  one  man,  Thurber.  They  retired  to  the  farm  and 
kept  up  firing  at  long  range  to  prevent  the  Indians 
crossing  the  river  and  attacking  Jackson's  command 
on  the  flank  and  rear.  While  this  was  going  on,  two 
men  fled  wounded  to  Crawley's,  one  of  whom,  William 
Nus,  soon  died.  At  this  intimation  that  the  settlers 
below  were  uninformed  of  their  danger,  Ivan  Apple- 
gate,  Brown,  Burnett,  and  other  citizens  went  in 
various  directions  to  warn  them,  leaving  but  a  small 
force  at  Crawley's  to  guard  the  wounded.  During 
their  absence  Jackson  was  called  upon  to  protect  this 
place  from  the  hostilities  of  Hooker  Jim  and  Curly- 
headed  Doctor,  two  of  Jack's  head  men  not  before 
mentioned.  As  there  was  no  ford  nearer  than  eight 
miles,  the  troops  spent  two  or  three  hours  getting  to 
Crawley's,  where  they  encamped,  and  beheld  in  the 
distance  the  smoke  of  burning  hay-ricks.35 

On  the  morning  of  the  30th,  Captain  Jackson  hav 
ing  heard  that  a  family  named  Boddy  resided  three 
and  a  half  miles  below  Crawley's,  who  had  not  been 
warned,  despatched  a  detachment  with  a  guide  to 
ascertain  their  fate.  Finding  the  family  absent,  and 
the  premises  undisturbed,  the  troops  returned  with 
this  report,  the  guide  Crawley  coming  to  the  conclu- 

85 S.  F.  Alta,  Dec.  12,  1872;  Oregon  Herald,  Dec.  14,  1872. 


576  THE  MODOC  WAR. 

sion  that  they  had  fled  south,  warning  others  on  the 
way.  But  in  this  he  was  mistaken,  four  out  of  a 
family  of  six  at  this  place  having  been  killed,  and  two 
having  escaped.36 

It  was  afterward  ascertained  that  no  more  persons 
were  killed  on  the  29th;  but  on  the  following  day  a 
number  of  men  about  Tule  Lake  were  slain,  among 
them  their  good  friend  Miller.37  Living  within  sev 
enty-five  yards  of  Miller's  house  was  the  Brotherton 
family,  three  men  of  which  were  killed.  That  the 
remainder  were  saved,  was  due  to  the  courage  of  Mrs 
Brotherton,  who  defended  her  home  for  three  days 
before  relief  arrived.38  The  victims  in  this  collision 

86  The  men,  William  Boddy,  Nicholas  Schira,  his  son-in-law,  and  two  step 
sons,  William  and  Richard  Cravigan,  were  killed  while  about  their  farm  work. 
Mrs  Schira,  seeing  the  team-horses  coming  home  without  a  driver,  ran  to 
them  and  found  the  lines  bloody.  She  put  the  horses  in  the  stable,  and  with 
her  mother  walked  along  the  road  to  rind  her  husband.  About  half  a  mile 
from  the  house  he  was  found  lying  on  the  ground,  shot  through  the  head. 
Remembering  her  brothers,  she  left  her  mother  with  the  dead  and  ran  on  alone 
to  find  them.  On  the  way  she  passed  Hooker  Jim,  Curly-headed  Doctor, 
Long  Jirn,  One-eyed  Mose,  Rock  Dave,  and  Humpy  Jerry,  all  well-known 
members  of  Jack's  band,  who  did  not  offer  to  intercept  her.  After  finding  the 
body  of  one  brother,  Mrs  Schira  returned  to  her  mother,  and  together  they 
fled  over  a  timbered  ridge  toward  Oawley's,  but  while  on  the  crest,  seeing  a 
number  of  persons  about  the  house,  mistook  them  for  Indians,  and  turned 
toward  the  highest  hills  in  the  direction  of  Linkville,  which  were  then  covered 
with  snow.  After  wandering  until  the  middle  of  the  2d  day  without  food  or 
fire,  they  were  met  and  conducted  to  the  bridge  on  Lost  River,  from  which 
place  they  were  taken  to  Linkville.  On  the  2d  of  Dec.  Mrs  Schira  returned 
with  a  wagon  to  look  for  her  dead,  but  found  that  Boutelle  had  gone  on  the 
same  errand.  The  Boddy  family  were  from  Australia,  and  were  industrious, 
worthy  people.  Jacksonville  Sentinel,  Dec.  1872. 

37  In  the  Yreka  Journal  of  Dec.  4,  1872,  is  the  following:   'In  the  massacre 
of  settlers  that  followed  the  attack  on  the  Modocs,  the  Indians  killed  none  but 
those  who  were  foremost  in  trying  to  force  them  on  the  reservation.'     On  the 
contrary,  it  is  remarkable  that  not  one  of  those  killed  were  signers  of  the 
petitions  for  their  removal,  lists  of  which  have  been  published  in  documents 
here  quoted.     These  persons  were  afraid  to  petition  for  Jack's  removal. 

38  Seeing  some  Indians  approaching  who  had  her  husband's  horses,  Mrs 
Brotherton  took  the  alarm.     Three  Indians  surrounded  the  house  of  John 
Shroeder,  a  neighbor,  and  shot  him  while  he  was  trying  to  escape  on  horse 
back.    Joseph  Brotherton,  a  boy  of  15  years,  was  in  company  with  this  man, 
but  being  on  foot,  the  Indians  gave  no  attention  to  him  while  in  pursuit  of  the 
mounted  man.     Mrs  Brotherton,  seeing  her  son  running  toward  the  house, 
went  out  to  meet  him  with  a  revolver.     Her  younger  son  called  her  back  and 
ran  after  her,  but  she  ordered  him  to  return  to  the  house  and  get  a  Henry  rifle, 
telling  him  to  elevate  the  sight  for  800  yards  and  fire  at  the  Indians.     He 
obeyed,  his  still  younger  sister  wiping  and  handling  the  cartridges.     Under 
cover  of  the  rifle  the  mother  and  son  reached  the  house  in  safety,  which  was 
fastened,  barricaded,  and  converted  into  a  fortress  by  making  loop-holes.     The 
Indians  retired  during  the  night,  but  guard  was  maintained.     Ona  Indian  was 


THE  WAR  BEGUN.  577 

between  Jack  and  the  troops  counted  eighteen  white 
men  and  about  the  same  number  of  Indians.39 

War  was  now  fairly  inaugurated.  Jack  had  thrown 
down  the  gauntlet  to  the  United  States,  and  Crawley's 
cabin  in  the  midst  of  the  grassy  meadows  of  Lost  River 
had  become  the  headquarters  of  a  so  far  defeated  and 
humiliated  military  force.  The  distance  from  Craw- 
ley's  to  Fort  Klarnath  was  sixty  miles,  to  the  agency 
fifty-five,  to  Camp  Yainax  about  the  same,  to  Link- 
ville  twenty-three  miles,  to  Ashland,  in  the  Rogue 
River  Valley,  eighty-eight  miles,  to  Camp  Warner 
about  the  same  distance,  and  to  Yreka  farther. 
There  were  no  railroads  or  telegraph  lines  in  all  the 
country,  and  a  chain  of  mountains  lay  between  the 
camp  and  the  post-road  to  army  headquarters.  That 
was  the  situation. 

As  soon  as  news  of  the  fight  reached  the  agency, 
Dyar  raised  a  company  of  thirty-six  Klamaths,  whom 
he  placed  under  D.  J.  Ferree,  and  sent  to  reenforce 
Jackson.  O.  C.  Applegate  hastened  to  Yainax  to 
learn  the  temper  of  Sconchin's  band  of  Modocs,  and 
finding  them  friendly,  organized  and  armed  a  guard  of 
fifteen  to  prevent  a  raid  on  the  camp,  and  taking  with 
him  nine  others,  part  Modocs  and  part  Klamaths> 
crossed  the  Sprague  River  mountains  into  Langell 
Valley,  and  proceeded  thence  to  Clear  Lake,  to  ascer 
tain  the  condition  of  his  uncle,  Jesse  Applegate, 
Arriving  December  2d,  he  found  his  brother  Ivan 
had  been  there  with  a  party  of  six  citizens  and  five 
cavalrymen.  The  troops  being  left  to  guard  the 
family  at  Clear  Lake,  the  citizens  set  out  upon  a  search 
for  the  bodies  of  the  killed,  and  O.  C.  Applegate  with 
his  company  of  Indians,  himself  in  disguise,  imme- 

killed  and  one  wounded  in  the  defence.  On  the  third  day  Ivan  Applegate  came 
that  way  and  took  the  family  to  Crawley's.  Ore<joniany  Dec.  9,  1872.  Besides 
those  mentioned,  the  persons  killed  were  John  Shroeder,  Sover,  a  herdsman, 
Adam  Shillingbow,  Christopher  Erasmus,  Collins,  and  two  travellers,  in  all 
15  men  and  boys,  besides  Nus,  Thurman,  and  the  cavalryman. 

39  S.  F.  Call,  Dec.  2,  6,  8,  1872;  S.  F.  Bulletin,  Dec.  2,  3,  12,  27,  1872:  S. 
F.  Post,  Dec.  6,  1872;  Sac.  Union,  Dec.  13,  19,  1872. 
HIST.  OB.,  VOL.  II.    37 


578  THE  MODOC  WAR. 

diately  joined  in  the  search.  While  at  Brotherton's 
they  had  a  skirmish  with  Scarface's  party  of  Modocs. 
Fortifying  themselves  in  a  stable,  one  of  the  friendly 
Modocs  was  sent  to  hold  a  parley  with  Scarface,  and 
to  spy  upon  him,  which  he  did  by  affecting  to  sym 
pathize  with  his  cause.  He  escaped  back  by  pre 
tending  that  he  went  to  bring  in  other  sympathizers 
from  the  reservation,  but  instead  revealed  the  plan  of 
the  enemy,  which  was  to  finish  the  work  of  murder 
and  pillage  on  that  day.  Jack  and  eighteen  warriors 
were  to  proceed  down  the  west  side  of  Lost  River  to 
the  Stone  Ford,  and  join  Scarface.  When  they  had 
killed  the  men  who  were  searching  for  the  dead,  they 
would  return  and  attack  Jackson;  but  Applegate's 
party  prevented  the  junction.  Ferrer's  company  of 
Klamaths  had  also  been  on  a  scout  down  the  west 
side  of  the  river,  under  Blow,  one  of  the  head  men  on 
the  reservation,  which  being  observed  by  Jack,  re 
strained  his  operations  on  that  side.  They  could  not 
now  attack  without  exposing  themselves  to  the  fire 
of  two  camps  a  short  distance  apart,  and  retired  to 
the  lava-beds. 

Entering  lower  Klamath  Lake  from  the  south  was 
a  small  stream  forking  toward  the  west,  the  southern 
branch  being  known  as  Cottonwood  Creek,  and  the 
western  one  as  Willow  Creek.  On  the  first  was  a 
farm  belonging  to  Van  Bremer,  and  on  the  other  the 
farm  of  John  A.  Fairchilds.  On  Hot  Creek,  a  stream 
coming  into  the  lake  on  the  west  side,  lived  P.  A. 
Dorris.  Between  Dorris'  and  Fairchild's  places  was 
an  encampment  of  forty-five  Indians  called  Hot  Creeks, 
a  branch  of  the  Modocs,  a  squalid  company,  but  who 
if  they  joined  Jack's  forces  might  become  dangerous; 
and  these  it  was  determined  to  bring  upon  the  reser 
vation.  Being  a  good  deal  frightened  by  what  they 
knew  of  the  late  events,  they  yielded  to  argument,  and 
set  out  for  their  new  home  under  the  conduct  of  Fair- 
child,  Dorris,  and  Samuel  Culver. 


UNFORTUNATE  RUMORS.  579 

Dyar  had  been  notified  to  meet  them  at  Linkville, 
where  the  Indians  would  be  turned  over  to  him.  But 
now  happened  one  of  those  complications  liable  to  arise 
under  circumstances  of  so  much  excitement,  when 
every  one  desired  to  be  of  service  to  the  common  cause 
without  knowing  in  the  least  what  to  do.  The  same 
thought  had  occurred  to  William  J.  Small,  residing 
three  miles  below  Whittle's  ferry  on  Klamath  River, 
who  organized  a  party  among  his  neighbors  and  set 
out  for  Hot  Creek  with  the  purpose  of  removing  these 
Indians  to  the  reservation.  Knowing  that  they  were 
liable  to  fall  in  with  the  hostile  Modocs,  they  went 
well  armed.  At  Whittle's  the  two  parties  met,  and  the 
conductors  of  the  Indians,  being  suspicious  of  the  in 
tentions  of  Small's  men,  opposed  their  visiting  the 
Indian  encampment,  on  which  Small  and  his  men  re 
turned  home. 

In  the  interim  four  citizens  of  Linkville,  all  good 
men,  hearing  of  Small's  enterprise,  and  anxious  for 
its  success,  started  to  reenforce  him.  On  the  way  a 
drunken  German  named  Fritz  attached  himself  to  the 
party,  and  talked  noisily  of  avenging  the  death  of  his 
friend  William  Nus.  From  this  man's  gabble  the  re 
port  spread  that  the  Linkville  men  contemplated  the 
massacre  of  the  Hot  Creek  Indians.  Alarmed  by 
this  rumor,  Isaac  Harris  and  Zenas  Howard  hastened 
by  a  shorter  route  to  the  ferry  to  warn  Fairchild,  so 
that  when  the  Linkville  men  arrived  they  found  them 
selves  confronted  by  the  escort  of  the  Indians  with 
arms  in  their  hands.  An  explanation  ensued,  when 
the  Linkville  party  turned  off  to  Small's  place.  Fritz, 
however,  remained  at  the  ferry  and  contrived  to  alarm 
the  Indians  by  his  drunken  utterances. 

When  Dyar  reached  Linkville  he  too  heard  the 
rumor  afloat,  and  hastened  on  to  the  ferry,  although  it 
was  already  night,  intending  to  thwart  any  evil  intent 
by  moving  the  Indians  past  Linkville  before  daylight. 
Fairchild  agreed  to  the  proposition,  and  hastened  to 
inform  the  Indians  and  explain  the  cause.  An  ar- 


580  THE  MODOC  WAR. 

rangement  had  been  entered  into  with  Small's  party 
to  escort  them,  and  the  Indians  readily  consented, 
saddling  their  ponies,  and  the  foremost  accompanying 
Dyar  to  the  ferry.  Here  they  waited  for  some  time 
for  the  remainder  to  follow,  when  it  was  discovered 
that  they  had  fled  back  to  their  native  rocks  and  sage 
brush.  The  few  with  Dyar  soon  followed,  and  thus 
ended  a  laudable  attempt  to  lessen  the  hostile  force 
by  placing  this  band  peaceably  on  the  reserve. 

In  a  day  or  two  these  Indians  were  employed 
making  arrows  and  bullets,  in  the  midst  of  which  a 
wagon  arrived  from  the  Klamath  agency,  and  another 
attempt  was  made  to  remove  the  Hot  Creek  Indians 
to  the  reservation,  but  they  disappeared  in  a  night, 
taking  with  them  not  only  their  own  horses  and  pro 
visions,  but  those  of  their  friend  Fairchild. 

After  the  failure  of  the  attempt  to  remove  the  Hot 
Creek  band,  an  effort  was  made  by  Fairchild,  Dorris, 
Beswick,  and  Ball,  all  personally  well  known  to  the 
Modocs,  to  persuade  Jack  to  surrender  and  prevent 
the  impending  war.  They  found  him  in  the  juniper 
ridge  between  Lost  River  and  the  lava-beds  south  of 
Tule  Lake;  but  although  he  refrained  from  any  act  of 
hostility  towards  them,  he  rejected  all  overtures  with 
impatience,  and  declared  his  desire  to  fight.  In  this 
interview  Jack  denied  all  responsibility  of  the  affair  of 
the  29th,  saying  that  the  troops  fired  first;  and  further, 
placed  all  the  guilt  of  the  murders  of  innocent  settlers 
upon  Long  Jirn,  although  Scarface,  Black  Jim,  and 
himself  had  been  recognized  among  the  murderers.40 

The  effect  of  Fairchild's  visit  was  to  give  Jack  an 
opportunity  to  gain  over  the  Hot  Creek  head  men  who 

40  This  moral  obliquity  of  Jack's  makes  it  impossible  to  heroize  him,  not 
withstanding  I  recognize  something  grand  in  his  desperate  obstinacy.  On  his 
trial  he  said,  referring  to  this  occasion:  'I  did  not  think  of  fighting.  John 
Fairchild  came  to  my  tent  and  asked  me  if  I  wanted  to  fight.  I  told  him, 
"No,  I  was  done  fighting.'"  Scarface  admitted  at  his  trial  that  he  killed  one 
of  the  settlers,  and  Jack  was  with  him.  But  it  is  observable  all  through  the 
history  of  the  war  that  Jack  denied  his  crimes,  and  endeavored  to  fasten  the 
responsibility  upon  others,  even  upon  his  own  friends.  He  was  the  prince  of 
liars. 


MILITARY  MOVEMENTS.  581 

accompanied  him.  It  also  convinced  the  military  that 
no  terms  would  be  accepted  by  the  Modocs  except 
such  as  they  were  able  to  enforce.  All  the  families 
in  this  region  were  immediately  sent  to  Yreka,  and 
men  in  isolated  places  surrounded  themselves  with 
stockades. 

The  courier  of  Colonel  Green  found  the  commander 
of  the  district  of  the  lakes  confined  to  his  bed  with 
quinsy.  He  trusted  there  would  be  no  serious  diffi 
culty,  but  advised  Green  to  use  all  the  force  at  his 
command,  and  sent  him  Captain  Perry's  troop  F,  of 
the  1st  cavalry,  and  also  a  small  detachment  from 
Fort  Bidwell  under  Lieutenant  J.  G.  Kyle,  which  he 
said  would  give  him  a  force  of  seventy-five  cavalry 
men  in  addition  to  Jackson's  company,  or  a  hundred 
and  fifty  completely  equipped  troops.41  Before  Whea- 
ton's  order  reached  Fort  Klarnath  the  mischief  had 
been  consummated.  On  news  of  the  disaster  being 
received  at  Camp  Warner,  Perry's  troops  set  out  by 
way  of  Yainax,  to  join  Jackson,  and  Captain  R.  F. 
Bernard  was  ordered  from  Bidwell  by  the  southern 
immigrant  road  to  the  same  destination.  They  were 
directed  to  make  forced  marches,  the  supply-trains  to 
follow.  But  the  condition  of  the  roads  made  travel 
ling  slow,  and  a  week  had  elapsed  after  Jackson's  fight 
before  he  was  reenforced. 

In  order  to  protect  the  roads  between  the  settle 
ments,  and  to  keep  open  the  route  to  Yreka,  Bernard's 
troops  were  stationed  at  Louis  Land's  place  on  the 
east  shore  of  Tule  Lake,  on  the  borders  of  that  vol 
canic  region  popularly  known  as  the  lava-beds,  in 
whose  rocky  caves  and  canons  Jack  had  taken  refuge 
with  his  followers.  From  Bernard's  camp  to  Jack's 
stronghold,  as  reported  by  the  scouts,  was  a  distance 
of  thirteen  miles,  or  two  miles  from  the  western 

41  H.  Ex.  Doc. ,  122,  40,  43d  cong.  1st  sess.  This  remark  of  Whea ton's  shows 
that  he,  as  well  as  Odeneal  and  Applegate,  thought  there  must  be  at  Klamath 
from  60  to  75  cavalrymen — twice  as  many  were  sent  to  arrest  the  Modocs. 


582  THE  MODOC  WAR. 

border  of  the  lava-fields.  The  trail  thence  was  over 
and  among  rocks  of  every  conceivable  size,  from  a  pebble 
to  a  cathedral.  The  opportunity  afforded  for  conceal 
ment,  and  the  danger  of  intrusion,  in  such  a  region 
was  obvious. 

At  Van  Bremer's  farm,  distant  twelve  miles  from 
the  stronghold  on  the  west,  was  Perry's  command, 
while  Jackson  remained  at  Crawley's,  where  Green 
had  his  headquarters.  As  fast  as  transportation  could 
be  procured,  the  material  of  war  was  being  concen 
trated  at  this  point.  General  Canby,  on  receiving  in 
formation  of  the  affair  of  the  29th,  at  once  despatched 
General  E.  C.  Mason  with  a  battalion  of  the  21st  in 
fantry,  comprising  parts  of  C  and  B  companies,  num 
bering  sixty-four  men,  to  join  Wheaton's  forces.  A 
special  train  on  the  3d  of  December  conveyed  Mason, 
Captain  George  H.  Burton,  and  lieutenants  V.  M. 
C.  Silva,  W.  H.  Boyle,  and  H.  De  W.  Moore  to 
Koseburg,  then  the  terminus  of  the  Oregon  and 
California  railroad.42  The  remainder  of  the  march, 
to  Jacksonville  and  over  the  mountains  through  rain 
and  snow,  occupied  two  weeks,  making  it  the  middle 
of  December  before  the  infantry  reached  Crawley's. 
It  was  not  until  about  the  same  time  that  Wheaton 
reached  Green's  headquarters,  where  he  found  the  am 
munition  nearly  exhausted  by  distribution  among  the 
settlers,  necessitating  the  sending  of  Bernard  to  Camp 
Bidwell,  ninety  miles,  with  wagons,  for  a  supply. 

The  governors  of  both  California  and  Oregon  had 
been  called  upon  by  the  people  of  their  respective 
states  to  furnish  aid.  Governor  Booth  of  California 
responded  by  sending  to  the  frontier  arms  out  of  date, 
and  ammunition  too  large  for  the  guns;43  Governor 
Grover  forwarded  a  better  equipment.  The  Wash- 

42  noyle's  Personal  Observations  on  the  Conduct  of  the  Modor.  War,  a  manu 
script  of  46  pages,  has  been  of  great  service  to  me  in  enabling  me  to  give  a  con 
nected  account  of  that  remarkable  campaign.  Boyle  was  post  quartermaster. 
He  relates  that  the  talk  of  the  officers  at  Vancouver  was  that  'when  (Jreen 
goes  after  those  Mocloca  he  will  clean  them  out  sooner  than  a  man  could  say 
Jack  Robinson,'  and  that  he  thought  so  himself. 

43  Yre lea  Despatches,  in  Ortyonian,  Dec.  21,  1872;  S.  F.  Alia,  Dec.  13,  1872. 


PREPARATIONS.  583 

ington  Guards  of  Portland  offered  their  services, 
which  were  declined  only  because  the  militia  general, 
John  E.  Ross  of  Jacksonville,  and  captain  O.  C. 
Applegate  of  Klainath,  had  tendered  and  already  had 
their  companies  accepted.44  Applegate's  company  was 
made  up  of  seventy  men,  nearly  half  of  whom  were 
picked  Klamaths,  Modocs,  Shoshones,  and  Pit  River 
Indians  from  the  reservation.  In  the  interval  before 
the  first  pitched  battle  they  were  occupied  scout 
ing,  not  only  to  prevent  fresh  outrages,  but  to 
intercept  any  of  Jack's  messengers  to  Camp  Yainax, 
and  prevent  their  drawing  off  any  of  the  Sconchin 
band,  whom,  although  they  declared  their  loyalty  to  be 
unimpeachable,  it  was  thought  prudent  to  watch. 
Another  reason  for  surveillance  was  that  Jack  had 
threatened  Camp  Yainax  with  destruction  should 
these  Modocs  refuse  to  join  in  the  insurrection,  and 
they  were  exceedingly  nervous,  being  unarmed,  except 
the  guards.  To  protect  them  was  not  only  a  duty, 
but  sound  policy. 

In  the  mean  time  neither  the  troops  nor  the  Ind 
ians  were  idle.  Perry  was  still  at  Van  Bremer's,  with 
forty  cavalrymen.  Ross  was  near  Whittle's  ferry,  at 
Small's  place.  On  the  IGth  of  December  detachments 
from  both  companies  made  a  reconnoissance  of  Jack's 
position,  approaching  within  half  a  mile  of  the  strong 
hold,  and  from  their  observations  being  led  to  believe 
that  it  was  possible  so  to  surround  Jack  as  to  compel 
his  surrender,  although  one  of  his  warriors  shouted  to 
them  defiantly  as  they  turned  back,  "  Come  on  !  Come 
on!"  This  exploration  revealed  more  perfectly  the 
difficult  nature  of  the  ground,  broken  by  fissures, 
some  a  hundred  feet  in  depth  arid  as  many  in  width; 
and  it  revealed  also  that  in  certain  places  were  level 
flats  of  a  few  acres  covered  with  grasses,  and  furnished 
with  water  in  abundance,  where  the  Indian  horses 
grazed  in  security.  Nothing  could  be  better  chosen 
than  the  Modoc  position;  and  should  their  ammuni- 

"Oregonian,  Dec.  3,  1872;  Applegate's  Modoc  War,  MS.,  17. 


584  THE  MODOC  WAR. 

tion  become  exhaused,  nothing  was  easier  for  them 
than  to  steal  out  unobserved  through  the  narrow 
chasms,  while  watch  was  kept  upon  one  of  the  many 
lofty  pinnacles  of  rock  about  them.  But  they  were 
not  likely  to  be  soon  forced  out  by  want,  since  they 
had  taken  $700  in  money  at  one  place,  and  $3,000 
worth  of  stores  at  another,  besides  a  large  amount  of 
ammunition  and  a  few  rifles,  in  addition  to  their  own 
stock  on  hand.  Everything  indicated  that  hard  fight 
ing  would  be  required  to  dislodge  the  Modocs.  An 
other  delay  now  ensued,  caused  by  sending  to  Van 
couver  for  two  howitzers,  to  assist  in  driving  them 
out  of  their  fastnesses. 

Both  the  regular  troops  and  militia  were  restive 
under  this  detention.  The  23d  infantry  had  just 
come  from  fighting  Apaches  in  Arizona,  and  were 
convinced  that  subduing  a  band  of  sixty,  or  at  the 
most  eighty,  Modocs  would  be  a  trifling  matter  if 
once  they  could  come  at  them;  and  the  state  troops, 
having  only  enlisted  for  thirty  days,  saw  the  time 
slipping  away  in  which  they  had  meant  to  distinguish 
themselves.  The  weather  had  become  very  cold,  and 
the  militia  were  ill  supplied  with  blankets  and  certain 
articles  of  commissariat.  Another  difficulty  now  pre 
sented  itself.  They  had  enlisted  to  fight  in  Oregon, 
whereas  the  retreat  chosen  by  the  enemy  lay  just  over 
the  boundary  in  California;  but  General  Wheaton 
overcame  this  last,  by  ordering  Ross  to  pursue  and 
fight  the  hostile  Indians  wherever  they  could  be 
found.45 

Actual  hostilities  were  inaugurated  December  22d, 
by  Captain  Jack  attacking  Bernard's  wagon-train  as 
it  was  returning  from  Bidwell  with  a  supply  of  ammu 
nition,  guarded  by  a  small  detachment.  The  attack 
was  made  a  mile  from  camp,  on  the  east  side  of  the 
lake,  by  firing  from  an  ambuscade,  when  one  soldier 
and  six  horses  were  killed  at  the  first  fire.  Lieuten 
ant  Kyle,  hearing  the  noise  of  shooting,  hastened  to 

*>  Boyle' 8  Conduct  of  the  Modoc  War,  MS.,  9. 


READY  TO  FIGHT.  585 

the  rescue  with  nearly  all  the  troops  in  reserve,  but 
ten  having  had  time  to  mount,  and  in  this  unprepared 
manner  fought  the  Indians  the  remainder  of  the  day. 
In  this  skirmish  the  long  range  of  the  United  States 
arms  seemed  to  surprise  the  Modocs,  as  it  saved  the 
train.  The  Indians  failed  to  capture  the  ammunition, 
but  lost  their  own  horses,  and  four  warriors  killed  and 
wounded.  A  bugler  whom  they  pursued  escaped  to 
headquarters,  when  Jackson's  troops  were  sent  to 
reenforce  Bernard;  but  before  his  arrival  the  Modocs 
had  retreated.48  About  the  same  time  they  showed 
themselves  on  Lost  River,  opposite  headquarters,  in 
viting  the  attack  of  the  soldiery;  and  also  near  Van 
Bremer's,  where  Perry  and  Ross  were  encamped  to 
gether. 

On  the  25th  of  December  Wheaton  ordered  the 
volunteers  to  the  front,  and  word  was  sent  to  Langell 
Valley,  where  five  families  still  remained,  to  fortify. 
Preferring  to  go  to  Linkville,  they  set  out  in  wagons, 
and  were  fired  upon  from  an  ambush  near  the  springs 
on  Lost  River,  but  were  relieved  and  escorted  to  their 
destination  by  a  scouting  party.  A  supply- train  from 
Klamath  was  also  attacked,  and  a  part  of  the  escort 
wounded,  being  relieved  in  the  same  manner  by  the 
volunteers. 

Colonel  Green,  who  still  retained  the  immediate 
command  of  the  troops,  was  now  ordered  to  attack 
the  Indians  whenever  in  his  judgment  sufficient  mate 
rial  of  war  was  on  hand.  "With  the  howitzers  and 
one  snow-storm  I  am  ready  to  begin,"  had  been  his 
asseveration.  On  the  5th  of  January  another  recon- 
noissance  was  made,  by  Captain  Kelly  of  Ross'  bat 
talion,  with  a  detachment  of  twelve  men,  with  the 
object  of  finding  a  more  practicable  route  than  the 
one  in  use  from  Van  Bremer's,  where  Green  had  taken 
up  his  headquarters,  to  the  Modoc  stronghold.  On 

*6 Kept  of  Gen.  Wheaton,  in  H.  Ex.  Doc.,  122,  48-9,  43d  cong.  1st  sess.; 
Boyle's  Conduct  of  the  Modoc  War,  MS.,  7-9;  Jied  Bluff  Sentinel,  Feb.  1, 
1873. 


686  THE  MODOC  WAR. 

the  way  they  had  a  skirmish  with  twenty  of  Jack's 
people,  who  retreated  toward  camp,  but  being  pursued, 
dismounted  and  fortified.  The  firing  brought  a  reen- 
forcement  from  Jack's  camp,  when  the  volunteers 
retreated  to  an  open  field,  while  the  Indians,  not  car 
ing  to  engage  again,  returned  to  the  lava-beds.  A 
scout  by  Applegate  with  twenty  men  revealed  the 
fact  that  the  high  ridge  between  Van  Bremer's  and 
the  lava-field,  known  as  Van  Bremer's  Hill,  was  used 
as  an  observatory  by  the  Modocs,  who  kept  them 
selves  informed  of  every  movement  of  the  troops. 

On  the  12th  of  January  an  expedition  consisting 
of  a  detachment  of  thirteen  men  under  Perry,  a 
handful  of  scouts  under  Donald  McKay,  and  thirty 
of  Applegate's  mixed  company,  the  whole  under  Colo 
nel  Green,  made  a  reconnoissance  from  headquar 
ters  to  ascertain  whether  wagons  could  be  taken  to  a 
position  in  front  of  the  Modoc  stronghold.  Green 
was  fired  on  from  a  rocky  point  of  the  high  bluff  on 
the  verge  of  and  overlooking  the  lava-field.  Perry 
returned  the  fire,  driving  in  the  Modoc  sentinels,  and 
shooting  one  of  the  Hot  Creek  Indians  through  the 
shoulder.  Applegate  came  up  in  time  to  observe 
that  the  Modocs  were  dividing  into  small  parties  to 
ascend  the  hill  and  get  on  the  flank  of  the  troops, 
when  he  stretched  a  skirmish-line  along  the  bluff 

O 

for  a  considerable  distance  to  intercept  them.  Scar- 
face,  who  was  stationed  on  a  high  point  in  the  lava- 
bed,  cried  out  in  stentorian  tones  to  his  warriors,  "Keep 
back,  keep  back;  I  can  see  them  in  the  rocks!"47 

The  Modoc  guard  then  fell  back  half-way  down  the 
hill,  where  they  made  a  stand  and  defied  the  soldiers, 
but  made  strong  appeals  to  the  Indian  allies  to  for- 

47  Applegate'1  s  Modoc  Hist.,  MS.  Another  instance  of  the  wonderful  voice- 
power  of  Scarface  is  mentioned  by  a  writer  in  the  Portland  Herald,  and  in 
Early  Affairs  in  Siski>iou  County,  MS.  '  We  distinctly  heard,  incredible  as  it 
may  seem,  above  the  distant  yells  and  cries  of  the  camp  below,  three  or  four 
miles  away  a  big  basso  voice,  that  sounded  like  a  trumpet,  and  that  seemed 
to  give  command.  The  big  voice  was  understood  and  interpreted  as  saying: 
"  There  are  but  few  of  them,  and  they  are  on  foot.  Get  your  horses  !  Get 
your  horses  1 " ' 


HEAP  BIG  TALK.  587 

sake  the  white  men  and  join  their  own  race  to  fight. 
The  leaders  were  very  confident.  Hooker  Jim  said 
once  he  had  been  for  peace,  but  now  he  was  for  war, 
and  if  the  soldiers  wished  to  fight,  they  should  have 
the  opportunity,  while  Jack  and  Black  Jim  challenged 
the  troops  to  come  down  where  they  were. 

A  medicine-woman  also  made  an  address  to  the 
Klamath  and  Modoc  scouts,  saying  that  were  all  the 
Indians  acting  in  concert  they  would  be  few  enough, 
and  entreating  them  to  join  Jack's  force.  Donald 
McKay  answered  in  the  Cayuse  tongue  that  their 
hands  were  reddened  with  the  blood  of  innocent 
white  people,  for  which  they  should  surely  be  pun 
ished,  when  Jack,  losing  patience,  replied  that  he  did 
not  want  to  fight  Cayuses,  but  soldiers,  and  he  invited 
them  to  come  and  fight,  and  he  would  whip  them  all. 
The  Klamaths  asked  permission  to  reply,  but  Colonel 
Green,  thinking  the  communication  unprofitable,  for 
bade  it.48 

It  not  being  Green's  intention  to  fight  that  day, 
a  retreat  was  ordered.  To  this  the  Klamaths  were 
opposed,  saying  he  had  the  advantage  of  position,  and 
could  easily  do  some  execution  on  the  Modocs.  As 
Green  withdrew,  the  Modocs  resumed  their  position 
on  the  hill,  and  the  Klamaths,  being  then  on  the  crest 
of  the  second  hill,  wished  to  open  on  them,  but  were 
restrained. 

There  was  much  discussion  about  this  time  away 
from  the  seat  of  war  concerning  the  causes  which  led 
to  it,49  and  much  dissatisfaction  was  felt  that  nothing 
had  been  done  to  restrain  Jack's  band,  which  still 

48  It  was  certainly  unsafe  allowing  the  Indian  allies  to  converse  with  the 
hostile  Modocs,  who  appealed  to  them  so  strongly  for  help.     The  regular  offi 
cers  afterward  entertained  the  belief  that  the  Klamaths  acted  deceitfully, 
and  promised  Jack  help,  in  the  Modoc  tongue.     But  Applegate's  confidence 
was  never  shaken,  and  he  trusted  them  in  very  great  emergencies.  Modoc 
Hist.,  MS. 

49  It  was  intimated  in  Cal.  that  speculation  in  Oregon  had  much  to  do 
with  it,  to  which  a  writer  in  the  Oreyonian,  Jan.  18,  1873,  retorted  that  he 
agreed  with  Gov.  Booth  in  that  respect,  for  citizens  of  Cal.  had  for  years 
encouraged  the  Modocs  in  refusing  to  go  upon  the  reservation,  for  no  other 
reason  than  to  secure  their  trade,  etc. ;  which  the  facts  seem  to  show. 


588  THE  MODOC  WAR. 

made  predatory  excursions  away  from  their  strong 
hold.  It  was  now  the  middle  of  January.  The  set 
tlers  in  Klamath  Valley  remained  under  cover.  The 
road  from  Tule  Lake  southward  was  closed.  Fairchild 
and  Dorris  had  converted  their  homes  into  fortified 
camps.  There  was  much  uneasiness  in  northern  Cal 
ifornia,  and  talk  of  forming  companies  of  home-guards, 
Dorris  being  selected  to  visit  Booth  to  obtain  aid. 
But  Booth  had  other  advisers,  and  instead  of  furnish 
ing  arms,  made  a  recommendation  to  the  government 
to  set  apart  five  thousand  acres  of  land  where  Jack 
desired  it,  as  a  reservation  for  his  band,  all  of  which 
interference  only  complicated  affairs,  as  will  be  seen. 

On  the  16th  of  January,  everything  being  in  readi 
ness,  and  the  weather  foggy,  which  answered  in  place 
of  a  snow-storm  to  conceal  the  movements  of  the 
troops,  the  army  marched  upon  Jack's  stronghold.50 
The  regulars  in  the  field  numbered  225,  and  the  vol 
unteers  about  150.  In  addition  to  the  companies 
already  mentioned  was  one  of  twenty-four  sharp 
shooters  under  Fairchild.  Miller  of  the  Oregon  mi 
litia  had  been  ordered  to  the  front  by  Governor 
Grover,  but  took  no  part  in  the  action  which  followed. 

At  four  o'clock  in  the  morning  Colonel  Green,  with 
Perry's  troops,  moved  up  to  the  bluff  on  the  south 
west  corner  of  Tule  Lake  to  clear  it  of  Modoc  pickets, 
and  cover  the  movements  of  the  main  force  to  a  camp 
on  the  bluff  three  miles  west  of  Jack's  stronghold,  so 
located  as  to  be  out  of  sight  of  the  enemy.  By  three 
in  the  afternoon  the  whole  force  was  in  position,  con 
sisting  of  two  companies  of  infantry  under  Captain 
Burton  and  Lieutenant  Moore,  a  detachment  of 
another  company  under  Sergeant  John  McNamara, 

50  Wheaton  wrote  to  Canby  on  the  loth  that  all  things  were  in  excellent 
condition,  the  most  perfect  understanding  prevailed  of  what  was  expected  of 
each  division,  and  the  troops  were  in  the  most  exuberant  spirits.  'If  the 
Modocs  will  only  try  to  make  good  their  boast  to  whip  1,000  soldiers,  all  will 
be  satisfied.  Our  scouts  and  friendly  Indians  insist  that  the  Modocs  will 
fight  us  desperately,  but  I  don't  understand  how  they  can  think  of  attempt 
ing  any  serious  resistance,  though  of  course  we  are  prepared  for  their  fight  or 
flight.'  11.  Ex.  Doc.,  122,  49-50,  43d  cong.  1st  sess. 


ATTACK  ON  THE  LAVA-BEDS.  589 

Ross'  volunteers  under  Hugh  Kelly  and  O.  C.  Apple- 
gate;  the  howitzer  battery  under  Lieutenant  W.  H. 
Miller,  and  Fairchild's  sharp-shooters ;  all,  but  some  of 
the  scouts,  dismounted,  furnished  with  a  hundred 
rounds  of  ammunition,  with  fifty  in  close  reserve,  and 
cooked  rations  for  three  days.  A  line  of  pickets  was 
thrown  out  along  the  edge  of  the  bluff  and  another 
around  the  camp. 

On  the  east  side  of  the  lake  were  Bernard's  and 
Jackson's  companies,  and  twenty  regularly  enlisted 
Klamath  scouts  under  the  chief  David  Hill,  all  com 
manded  by  Bernard,  who  had  been  directed  to  move 
up  to  a  point  two  miles  from  the  Modoc  position,  to 
be  in  readiness  to  attack  at  sunrise;  but  proceeding  in 
ignorance  of  the  ground,  and  contrary  to  the  advice  of 
his  guide,  he  came  so  near  to  the  stronghold  that  he 
was  attacked,  and  compelled  to  retreat  with  four  men 
wounded,51  which  unfortunate^rror  greatly  embarrassed 
him  next  day. 

As  the  troops  looked  down,  on  the  morning  of  the 
17th,  from  the  high  bluff,  the  fog  which  overhung  the 
lava-bed  resembled  a  quiet  sea.  Down  into  it  they 
were  to  plunge  and  feel  for  the  positions  assigned 
them.  Mason  with  the  infantry  had  his  position  at 
the  extreme  left  of  the  line,  resting  on  the  lake,  with 
Fairchild's  sharp-shooters  flanking  him.  On  his  right 
were  the  howitzers,  in  the  centre  General  Wheaton 
and  staff,  and  generals  Miller  and  Ross  of  the  militia; 
on  the  right  of  these  Kelly  and  Applegate  wii.li  their 
companies,  and  on  the  extreme  right  Perry's  troop, 
dismounted.52 

Descending  the  bluff  by  a  narrow  trail,  surprised  at 
meeting  no  Modoc  picket,  the  troops  gained  their  po 
sitions,  in  the  order  given,  about  seven  in  the  morning. 
It  was  the  design  to  move  the  line  out  on  the  right 
until  it  met  Bernard's  left  in  front  of  the  Modoc  posi- 

51  Boyle's  Conduct  of  the  Modoc  War,  MS.,  11. 

52  Boyle  places  Perry  in  the  centre,  but  he  was  not  on  the  field,  and  Green 
and  Applegate  were,  whose  reports  I  follow. 


590  THE  MODOC  WAR. 

tion,  where  three  shots  were  to  be  fired  by  the  howit 
zers  to  announce  a  parley,  and  give  Jack  an  opportu 
nity  to  surrender. 

But  the  accident  of  the  previous  afternoon  having 
put  the  Modocs  on  their  guard,  hardly  had  the  line 
formed  wh^n  the  Indians  opened  fire,  and  instead  of 
surrounding  them  arid  demanding  their  surrender,  the 
troops  found  that  they  must  fight  for  every  foot  of 
ground  between  them  and  the  fortress.  The  fog,  too, 
now  became  an  obstacle  instead  of  an  aid  to  success. 
Unable  to  discern  their  course,  the  troops  were  com 
pelled  to  scramble  over  and  amongst  the  rocks  as  best 
they  could,  at  the  risk  any  moment  of  falling  into  am 
bush,  making  the  movement  on  the  right  painfully 
slow.  Nevertheless  it  was  steadily  pushed  forward, 
all  caution  being  used,  the  men  often  lying  flat  and 
crawling  over  rocks  within  a  few  yards  of  the  Indians, 
who  could  be  heard  but  not  seen.  The  howitzers, 
which  had  been  relied  upon  to  demoralize  the  Indians, 
proved  useless  so  long  as  the  enemy's  position  was 
concealed  from  view.  The  line,  after  advancing  a 
mile  and  a  half,  was  halted  and  a  few  shells  thrown, 
causing  the  Indians  some  alarm,  but  through  fear  of 
hitting  Bernard's  command  the  firino-  was  soon  sus- 

O  O 

pended.  Again  the  line  was  pushed  on  another  mile 
and  a  half  by  a  series  of  short  charges,  jumping 
chasms  and  sounding  the  war-whoop. 

About  one  o'clock  the  extreme  right  of  the  line, 
which  now  enveloped  the  stronghold  on  the  west  and 
south,  was  brought  to  a  halt  by  a  deep,  wide  gorge  in 
the  lava,  which  could  not  be  crossed  without  sacrifice 
of  life,53  as  it  was  strongly  guarded,  and  in  close  neigh 
borhood  to  the  main  citadel.  On  consultation  with 
Wheaton  and  other  officers,  Green  determined  to  move 
the  west  line  by  the  left  and  connect  with  Bernard  by 
the  shore  of  the  lake. 

At  this  point  some  confusion  occurred  in  the  line. 

63  The  reader  should  not  forget  that  Green  intended  to  capture  Jack  with 
out  a  serious  fight,  if  possible. 


PROGRESS  OF  THE  FIGHT.  591 

In  the  skirmishing  and  clambering  among  the  rocks, 
and  the  bewilderment  of  the  fog,  the  volunteers  had 
changed  places  with  Perry's  troop,  and  were  now  on 
the  extreme  right.  They  had,  in  fact,  charged  down 
the  ravine,  and  Applegate's  company  had  gained  a 
position  on  the  sage  plain  beyond  where  they  lay  con 
cealed.  Then  came  an  order,  "Look  out  for  Bernard !" 
and  a  volley  which  mowed  down  the  sage  over  their 
heads,  so  near  were  they  to  a  junction  with  him. 
While  the  volunteers  were  preparing  to  charge  on  the 
stronghold  the  regular  troops  had  begun  to  withdraw, 
seeing  which,  they  were  for  a  time  puzzled,  until  near- 
ing  the  Modoc  position,  it  was  discovered  that  most 
of  the  troops  were  passing  to  the  left  under  the  bluffs 
on  the  west  side  of  the  lake;  soon  after  which  an  or 
der  reached  the  volunteers  to  report  to  headquarters, 
where  they  found  a  portion  of  Perry's  troop  and  a  re 
serve  of  infantry  under  Lieutenant  Ross. 

Meanwhile  Mason  and  Green  were  endeavoring  to 
make  the  junction  by  the  left,  the  troops  encountering 
a  destructive  fire  as  they  plunged  into  a  ravine  on  the 
shore  of  the  lake  nearly  as  dangerous  to  cross  as  that 
on  the  route  first  pursued.  By  pushing  forward  the 
sharp-shooters  and  a  detachment  of  Burton's  company 
to  cover  the  troops  as  they  passed,  the  crossing  was 
effected.  But  as  Wheaton  afterwards  said,  "There 
was  nothing  to  fire  at  but  a  puff  of  smoke  issuing  from 
cracks  in  the  rock;"  while  the  Modocs  were  stationed 
at  the  most  favorable  points  for  picking  off  the  men 
as  they  hurried  past,  crawling  over  the  sharp  rocks 
on  their  hands  and  feet,  suffering  terribly. 

After  Green  had  passed  the  first  ravine,  Bernard 
was  heard  to  say  that  he  was  within  four  or  five  hun 
dred  yards  of  the  stronghold,  and  Green  resolved  if 
possible  to  join  him,  and  make  a  charge  before  dark. 
But  after  sustaining  a  fire  from  the  Modocs  stationed 
in  the  cliffs  overhanging  the  lake  shore  until  he  had 
almost  made  the  junction,  he  found  himself  confronted 
by  another  deep  canon,  so  well  defended  that  he  was 


592  THE  MODOC  WAR. 

unable  to  effect  a  crossing,  and  was,  besides,  compelled 
to  defend  himself  from  a  flank  movement  by  the  Mo- 
docs  on  his  left.  While  in  this  discouraging  position 
the  fog  lifted,  and  a  signal  was  received  from  Wheaton 
to  come  into  camp,  established  in  a  small  cove  on  the 
lake  shore,  if  he  thought  best.  But  fearing  to  expose 
his  men  a  second  time  to  the  peril  of  passing  the  Mo- 
doc  position,  Green  declined,  and  when  night  had 
fallen,  commenced  a  march  of  fourteen  miles,  over  a 
trail  fit  only  for  a  chamois  to  travel,  passing  the 
dreaded  ravine,  carrying  the  wounded  in  blankets  or 
on  the  backs  of  ponies  captured  during  the  day.  Their 
sufferings  were  severe.  One  man,  belonging  to  Fair- 
child's  company,  rode  the  whole  distance  with  his 
thigh-bone  broken  and  his  leg  dangling.54  When  a 
halt  was  called,  the  men  fell  asleep  standing  or  riding. 
Their  clothing  was  in  shreds  from  crawling  among 
the  rocks;  their  shoes  were  worn  off  their  feet.  A 
month  in  the  field  would  not  have  brought  them  to 
such  a  state.  It  was  not  until  past  noon  of  the  18th 
that  Green's  command  reached  Bernard's  camp  on 
the  east  side  of  the  lake.  After  making  arrangements 
for  the  removal  of  the  wounded  to  Fort  Klamath, 
seventy  miles  away,  over  a  rough  road,  three  miles  of 
which  was  over  naked  bowlders,  Green  and  Mason, 
with  an  escort  of  ten  Indian  scouts,  returned  to  head 
quarters  that  same  night  by  the  wagon-road  around 
the  north  side  of  the  lake. 

When  the  volunteer  captains  reported  to  Wheaton, 
they  were  ordered  to  take  their  men  to  the  lake  for 
water,  and  then  to  take  up  a  position  in  the  crags, 
and  extend  a  skirmish  line  to  the  left.  While  in  this 
position,  the  Modocs  not  being  far  off,  Hooker  Jim 
was  heard  to  call  the  attention  of  the  other  leaders 
to  the  separation  of  the  volunteers  from  the  regular 
troops,  and  that  by  moving  around  to  the  right  of  the 
volunteers  they  could  cut  them  off,  and  also  cut  off 

"Boyle's  Conduct  of  the  Modoc  War,  MS.,  18-19.  This  was  Jerry  Crook. 
He  died  in  February. 


DEFEAT  OF  THE  SOLDIERS.  593 

communication  between  Wheaton's  camp  by  the  lake 
arid  his  supplies  on  the  hill,  which  were  left  in  charge 
of  only  ten  men.  Signal-fires  were  already  springing 
up  in  that  direction. 

This  determined  Wheaton  to  fall  back  to  camp,  and 
he  again  signalled  to  Green  his  change  of  plan,  author 
izing  him  to  withdraw  to  Bernard's  camp,  as  just  re 
lated.  At  dark  the  retreat  to  camp  began,  Applegate 
leading,  the  wounded  in  the  centre,  and  Kelly's  com 
pany,  with  the  detachment  under  Ross,  skirmishing 
in  the  rear.  As  the  evening  advanced  the  Modocs 
withdrew,  and  the  stumbling  and  exhausted  men 
reached  camp  a  little  before  midnight. 

The  loss  sustained  in  the  reconnoissance  of  the  17th — 
for  it  could  hardly  be  called  a  battle — was  nine  killed 
and  thirty  wounded.55  Among  the  latter  were  Cap 
tain  Perry  and  Lieutenant  Kyle  of  the  regular  ser 
vice,  and  Lieutenant  George  Roberts  of  the  sharp 
shooters.  The  dead  were  left  upon  the  field,  where  if 
life  were  not  extinct  the  Modoc  women  soon  despatched 
them.  The  high  spirits  of  the  morning  were  sunken 
in  a  lethargy  of  mingled  sorrow  and  exhaustion  at 
ni^ht.  Every  officer  who  had  taken  part  in  the  oper 
ations  of  the  17th  was  surprised  at  the  result  of  six 
weeks'  preparation  for  this  event,  and  it  became  evi 
dent  that  a  much  larger  force  would  be  required  to 
capture  the  Modocs  in  their  stronghold — the  strongest 
natural  position  ever  encountered  by  the  army,  if  not, 
indeed,  the  strongest  possible  to  find  on  earth.56 

The  loss  of  life  on  the  side- of  the  Modocs  was  not 
thought  to  be  great.  The  arms  and  ammunition  cap 
tured  on  the  persons  of  the  fallen  soldiers  made  good 
much  of  their  loss  in  material.  They  were,  in  fact, 
scouting  within  six  miles  of  Lost  River  on  the  19th, 
Lieutenant  Ream  with  twenty-five  volunteers  having 

65  This  is  the  official  count.  Applegate  says  the  loss  was  41,  of  whom  1-1 
were  killed.  He  may  count  some  who  did  not  die  on  the  field,  but  lived.  & 
few  days. 

56 Kept  of  Gen.  Wheaton,  in  //.  Ex  Doc.,  122,  43d  cong.  1st 
HIST.  OB.,  VOL.  IT.    38 


594  THE  MODOC  WAR. 

encountered  some  of  them  as  he  was  on  his  way  to 
Bernard's  with  the  horses  of  Fairchild's  company,  and 
Applegate  was  sent  to  guard  the  settlements. 

The  time  for  which  the  Jacksonville  volunteers  en 
listed  having  expired,  they  were  now  anxious  to  return 
to  their  homes  and  business,  which  had  been  hastily 
left  at  the  call  of  their  fellow-citizens.  Applegate,  too, 
fearing  the  effect  of  the  late  defeat  on  the  reservation 
Modocs,  wished  to  return  to  camp  Yainax.  In  con 
sideration  of  these  circumstances,  Wheaton  sent  a  de 
spatch  to  Portland,  by  way  of  Yreka,  asking  Canby  for 
three  hundred  foot-troops  and  four  mortars,  and  sug 
gesting  that  the  governor  of  California  should  be 
called  upon  to  send  militia  to  guard  that  portion  of 
his  state  open  to  incursions  from  the  Modocs.  Canby 
immediately  responded  by  ordering  two  companies  of 
artillery  and  two  of  infantry  to  the  seat  of  war,  and 
as  the  inhabitants  of  Surprise  Valley  apprehended  an 
uprising  of  the  Shoshones  on  account  of  the  Modoc 
excitement,  a  company  of  cavalry  was  sent  to  their 
defence,  making  the  number  of  troops  in  the  Modoc 
region  six  hundred,  exclusive  of  the  garrisons  at  the 
several  posts  in  the  district  of  the  lakes.  But  even 
with  these,  the  country  being  in  part  inadequately 
guarded,  the  general  sent  a  recommendation  to  army 
headquarters  at  Washington,  that  conditional  author 
ity  should  be  given  him  to  call  upon  the  governors  of 
Oregon  and  California  for  two  companies  of  volun 
teers  from  each  state. 

On  the  23d  the  encampment  at  Van  Bremer's  was 
broken  up,  the  troops  and  stores  removed  to  Lost 
River  ford,  and  a  permanent  camp  established,  where 
preparations  were  carried  on  for  attacking  Jack  in  his 
stronghold,  when  two  mortar-boats  should  have  been 
constructed,  by  which  his  position  could  be  shelled 
from  the  lake  side — a  plan  which,  if  it  had  been  put  in 
execution,  would  have  ended  the  war. 

But  now  again  outside  interference  with  the  Modoc 


A  PEACE  COMMISSION.  595 

question  was  productive  of  the  worst  results.57  It  hap 
pened  that  E.  L.  Applegate,  brother  of  O.  C.  and 
Ivan  Applegate,  commissaries  on  the  reservation,  was 
in  Washington  as  a  commissioner  of  immigration; 
but  the  legislature  of  Oregon  having  failed  to  furnish 
funds  for  his  purposes,  he  was  in  need  of  some  other 
commission.  Meacham,  ex-superintendent  of  Indian 
affairs,  was  also  there,  and  these  two  men  proposed  to 
the  perplexed  secretary  of  the  interior  a  plan  of  settle 
ment  of  the  Modoc  difficulty  in  harmony  with  his 
prejudices.58  When  the  scheme  was  ripe,  Attorney- 
general  Williams  arranged  an  interview,  and  the  thing 
was  accomplished.  Other  politicians  made  the  appeal 
in  favor  of  a  peace  commission,  and  closed  their  argu 
ment  by  recommending  Meacham  as  a  commissioner, 
being  a  man  "in  whom  they  have  great  confidence"- 
meaning  the  Modocs.  All  this  seems  very  singular, 
when  it  is  remembered  that  Jack  would  have  none  of 
Meacharn's  advice  when  he  was  superintendent.  It 
was  not  less  singular  that  E.  L.  Applegate  should 
have  consented  to  act  directly  in  opposition  to  the 
opinions  of  his  family,  gained  by  a  harassing  experi 
ence;  but  the  fact  remains  that  Meacham  returned  to 
Oregon  as  chairman  of  a  peace  commission.59 

On  the  30th  of  January  the  secretary  of  war  di 
rected  General  Sherman  to  notify  Canby  that  offens 
ive  operations  against  the  Modocs  should  cease,  and 
the  troops  be  used  only  to  repel  attacks  and  protect 
the  citizens.  Wheaton  was  also  relieved  of  his  com 
mand,60  which  was  assumed  by  Colonel  Alvin  C.  Gillem 

67  See  remarks  of  N.  T.  Tribune,  in  S.  F.  Bulletin,  Jan.  25,  1873,  and  Sac. 
Union,  Jan.  31,  1873. 

58 See  H.  Ex.  Doc.,  122,  239-40,  43d  cong.  1st  sess. 

59  The  Washington  correspondent  of  the  S.  F.  Bulletin  names  the  Orego- 
nians  in  Washington  who  were  the  authors  of  the  peace  commission.     They 
were  A.  B.  Meacham,  E.  L.  Applegate,  S.  A.  Clarke,  D.  P.  Thompson,  M. 
P.   Berry,  R.  H.  Kincaid,  Daniel  Chaplin,  and  a  'few  other  Oregon  gentle 
men.'     Jacob   Stitzel  should   have  been  added.     Meacham  was  the  elector 
chosen  to  carry  the  vote  of  Oregon  to  Washington  on  Grant's  reelection,  and 
was  in  a  position  to  have  his  requests  granted. 

60  There  was  a  general  protest  against  Wheaton 's  removal,  it  being  con 
ceded,  by  those  who  knew  the  difficulties  to  be  encountered,  that  he  had  done 
as  well  as  could  be  done  with  his  force. 


596  THE  MODOC  WAR. 

of  the  1st  cavalry.  Canby  also  felt  that  the  new  or 
der  of  the  war  department  implied  censure  of  himself, 
and  wrote  to  Sherman  that  hostilities  could  not  have 
been  avoided,  as  the  Modocs  were  determined  to  re 
sist;  that  he  had  taken  care  that  they  should  not  be 
coerced  until  their  claims  had  been  decided  upon  by 
the  proper  authorities;  and  that  there  would  be  no 
peace  on  the  frontier  until  they  were  subdued  and 
punished  for  their  crimes.  Sherman  replied  to  Can- 
by's  protest:  "Let  all  defensive  measures  proceed, 
but  order  no  attack  on  the  Indians  until  the  former 
orders  are  modified  or  changed  by  the  president,  who 
seems  disposed  to  allow  the  peace  men  to  try  their 
hands  on  Captain  Jack." 

The  commissioners  first  named  to  serve  with 
Meacham  were  Superintendent  Odeneal  and  Parson 
Wilbur,  agent  at  Simcoe  reservation;  but  Meacham 
refusing  to  serve  with  either,  Jesse  Applegate  and 
Samuel  Case  were  substituted.  Canby  was  advised 
of  the  appointments,  and  also  that  the  commissioners 
were  to  meet  and  confer  with  him  at  Linkville  on  the 
1 5th  of  February ;  but  the  meeting  did  not  take  place 
until  the  18th,  on  account  of  Meacham's  failure  to 
arrive. 

In  the  interim  Jack  kept  up  the  excitement  by 
attacks  now  and  then  on  the  troops,  in  which  cases 
they  also  fought  vigorously.  On  the  25th  of  Janu 
ary  an  attack  was  made  on  the  rear-guard  of  the  train 
of  Bernard,  who  was  moving  camp  from  the  south-east 
corner  of  Tule  Lake  to  Clear  Lake.  They  had  cap 
tured  one  wagon,  when  Bernard  returned  and  fought 
them,  taking  nearly  all  their  horses,  and  depriving 
them  of  the  means  of  making  forays  through  the  sur 
rounding  country.  In  the  various  encounters,  eight 
Modocs  had  been  killed  and  as  many  wounded. 

Being  shorn  of  a  part  of  his  strength,  Jack  resorted 
to  savage  wiles,  and  allowed  it  to  go  out  that  he  was 
tired  of  war,  keeping  up  a  constant  communication, 
which  the  armistice  permitted  him  to  do,  with  his 


INDIAN  DIPLOMACY.  597 

former  friends,  and  even  with  the  camp  of  Gillem, 
through  the  visits  to  these  places  of  the  Modoc 
women.  They  quickly  came  to  understand  that  they 
were  to  be  visited  by  a  peace  commission;  and  not  to 
be  behind  the  United  States  in  humanity,  they  also 
pretended  to  a  peace  party  among  themselves,  and 
even  that  Jack  had  been  wounded  by  his  own  men 
for  not  fighting  on  the  17th. 

This  familiar  .phase  of  Indian  diplomacy  did  not 
deceive  any  one.  Fairchild  endeavored  to  gain  an 
interview,  but  was  refused.  After  a  quiet  interval 
of  nearly  a  fortnight,  some  of  their  scouts  again 
ventured  out  as  far  as  Crawley's  house,  which  they 
burned. 

When  the  people  whose  relatives  had  been  killed 
in  the  massacre  of  the  29th  and  30th  of  November 
heard  of  the  peace  commission,  they  took  steps  to 
have  eight  of  Jack's  band  indicted  before  the  grand 
jury  of  Jackson  county,  in  order  to  forestall  the  pos 
sible  action  of  the  commissioners,  and  secure  the  pun 
ishment  of  the  murderers.61  Governor  Grover  also 
filed  a  protest  with  the  board  against  any  action  of 
the  commission  which  should  purport  to  condone  the 
crimes  of  the  Modocs,  who,  he  claimed,  should  be 
given  up  and  delivered  over  to  the  civil  authorities 
for  trial  arid  punishment,  and  insisting  that  they  would 
have  no  more  authority  to  declare  a  reservation  on 
the  settled  lands  of  Lost  River  than  on  the  other 
settled  portions  of  the  state. 

To  this  protest,  which  was  forwarded  to  the  secre 
tary  of  the  interior,  Delano  replied  that  the  commis 
sion  should  proceed  without  reference  to  it;  that  if 
the  authority  of  the  United  States  were  defied  or 
resisted,  the  government  would  riot  be  responsible  for 
the  results;  and  that  the  state  might  be  left  to  take 

61  These  8  were  Scarface  Charley,  Hooker  Jim,  Long  Jim,  One-eyed  Mose, 
Old  Doctor  Humphrey,  Little  Jim,  Boston  Charley,  and  Dave.  Oreyouian, 
Feb.  15,  1873;  11.  Ex.  Doc.,  122,  2(i3,  43d  cong.  1st  sess. 


598  THE  MODOC  WAR. 

care  of  the  Indians  without  the  assistance  of  the 
government;  the  United  States  in  this  case  being 
represented  by  a  coterie  of  politicians  who  were  simply 
experimenting  with  a  contumelious  band  of  spoiled 
savages,  without  regard  to  the  rights  of  the  white 
people  of  the  state.62  To  this  haughty  and  overbear 
ing  message  the  people  could  only  reply  by  still  pro 
testing. 

The  commissioners,  after  meeting  at  Linkville,  re 
paired  to  Fairchild's  place  on  Willow  Creek,  to  be 
nearer  all  points  of  communication  with  the  govern 
ment,  the  army,  and  the  Modocs.  The  services  were 
secured  of  Whittle  and  his  Indian  wife  Matilda, 
who  were  to  act  as  messengers  and  interpreters.  The 
first  work  of  the  board  was  to  investigate  the  causes 
of  the  hostile  attitude  of  the  Modocs,  during  which 
the  facts  already  presented  in  this  chapter  were 
brought  out;63  and  while  this  was  in  progress  Whittle 
made  a  visit  to  the  Modocs  to  learn  how  Jack  would 
receive  the  peace  commissioners. 

On  the  21st  of  February  Meacham  telegraphed  to 
Washington  that  he  had  a  message  from  Jack,  who 
declared  himself  tired  of  living  in  the  rocks  and  desir 
ous  of  peace;  that  he  was  glad  to  hear  from  Wash 
ington,  but  did  not  wish  to  talk  with  any  one  who 
had  been  engaged  in  the  war;  and  that  he  would  meet 
Meacham  and  Case  outside  the  rocks  without  harm 
ing  them.64 

This  was  not  an  honest  report.  What  Jack  did 
say  to  Whittle  was  that  he  would  consent  to  a  con 
ference  with  Steele,  Roseborough,  and  Fairchild,  but 
declined  to  meet  the  commissioners.65  The  presi 
dent  had  already,  by  the  advice  of  Canby,  appointed 
Roseborough  as  one  of  the  board,  who  in  company 

62  Red  EUff  Sentinel,  Feb.  22,  1873;  New  York  Herald,  Feb.  17  and-  June 
2,  1S73. 

63  Jesse   Applegate   resigned  rather   than   '  investigate '   his  brother  and 
nephews. 

64  See  telegram  in  H.  Ex.  Doc.,  122,  255,  43d  cong.  1st  sess. 

65  Yreka  despatches,  in  Oregonian,  Feb.  26,  1873. 


NEGOTIATIONS  WITH  THE  SAVAGES.  599 

with  Steele,  who  it  was  thought  might  be  useful  in 
communicating  with  Jack,  was  then  on  his  way  to  the 
front.  Before  his  arrival,  however,  Whittle  had  a 
second  interview  with  Jack,  whom  he  met  a  mile 
from  the  lava-beds  with  a  company  of  forty  warriors 
heavily  equipped  with  needle-guns  and  small  arms, 
but  asserting  that  he  only  wanted  peace,  to  prove 
which  he  pointed  to  the  fact  that  the  houses  of  Dorris, 
Fair-child,  Van  Bremer,  and  Small  were  still  left  stand 
ing,  and  again  consenting  to  talk  with  the  men  before 
named.  Growing  impatient,  he  expressed  a  desire  to 
have  the  meeting  over,  and  Dave,  one  of  his  company, 
returned  to  camp  with  Whittle,  and  carried  back 
word  that  Fairchild  would  make  a  preliminary  visit 
on  the  26th  to  arrange  for  the  official  council.66 

Accordingly,  on  that  day  Fairchild,  accompanied, 
not  by  Whittle  and  Matilda,  but  by  T.  F.  Kiddle  and 
his  Indian  wife,  Toby,67  as  interpreters,  repaired  to 
the  rendezvous.  He  was  charged  to  say  that  the 
commissioners  would  come  in  good  faith  to  make 
peace,  and  that  he  was  delegated  to  fix  upon  a  place 
and  time  for  the  council.  But  the  only  place  where 
Jack  would  consent  to  meet  them  was  in  the  lava-beds; 
and  as  Fairchild  would  not  agree  that  the  commis 
sioners  should  go  unarmed  into  the  stronghold,  he 
returned  to  camp  without  making  any  appointment. 
With  him  were  allowed  to  come  several  well-known 
murderers,  Hooker  Jim,  Curly-headed  Doctor,  and 
the  chief  of  the  Hot  Creeks,  Shacknasty  Jim.  They 
came  to  make  terms  with  Lalake,  a  chief  of  the 

6(i  One  of  the  surgeons  in  camp  stated,  concerning  the  second  interview 
with  Jack,  that  10  of  his  followers  were  for  peace  and  10  against  it,  while 
the  others  were  indifferent.  Yreka  despatches,  in  Orefjonian,  Feb.  25,  1873. 

67  Whittle  and  Riddle  belonged  to  that  class  of  white  men  known  on  the 
frontier  as  '  squaw  men. '  They  were  not  necessarily  bad  or  vicious,  but  in 
all  disturbances  of  the  kind  in  which  the  people  were  then  plunged  were  an 
element  of  mischief  to  both  sides.  Having  Indian  wives,  they  were  forced  to 
keep  on  terms  of  friendship  with  the  Indians  whatever  their  character;  and 
owing  allegiance  to  the  laws  of  the  state  and  their  own  race,  they  had  at 
least  to  pretend  to  be  obedient  to  them.  It  is  easy  to  see  that  their  encour 
agement  of  the  Modocs,  direct  or  indirect,  had  a  great  deal  to  do  with  bring 
ing  on  and  lengthening  the  war. 


600  THE  MODOC  WAR. 

Klamaths,  for  the  return  of  sixty  horses  captured  dur 
ing  the  war,  with  which  transaction  there  was  no  in 
terference  by  the  military.68 

On  the  arrival  of  Steele,  the  board  of  commissioners 
held  a  meeting,  and  decided  to  offer  the  Modocs  a  gen 
eral  amnesty  on  condition  of  a  complete  surrender,  and 
consent  to  remove  to  a  distant  reservation  within  the 
limits  of  Oregon  or  California,  Canby  to  conclude  the 
final  terms.  Against  this  protocol  Meacham  voted, 
being  still  inclined  to  give  Jack  a  reservation  of  his 
choice.  On  the  5th  of  March  Steele  proceeded,  in 
company  with  Fairchild,  Riddle,  and  Toby,  and  a 
newspaper  reporter,  R.  H.  Atwell,  to  visit  the  Modoc 
stronghold,  and  make  known  to  Jack  the  terms  offered. 
A  singular  misunderstanding  resulted.  Steele,  who 
was  but  little  acquainted  with  the  language  of  the 
Modocs,  reported  that  Jack  had  accepted  the  offer  of 
the  commissioners,  and  Fairchild  that  he  had  not. 
Riddle  and  Toby  were  the  best  of  interpreters ;  Scar- 
face  spoke  English  very  well,  and  Jack  but  little 
if  at  all.  Steele  and  Fairchild  were  equally  well 
acquainted  with  Indian  manners,  making  their  differ 
ence  of  opinion  the  more  unaccountable. 

When  Steele  handed  in  his  report  there  was  a  feel 
ing  of  relief  experienced  in  camp,  and  the  commis 
sioners  set  about  preparing  despatches,  only  to  be 
thrown  into  confusion  by  the  contradictory  statement 
of  Fairchild.  So  confident  was  Steele,  that  he  decided 
upon  returning  for  verification  of  his  belief;  but  Fair- 
child  declined  to  expose  himself  to  the  rage  of  the 
Modocs  when  they  should  find  they  had  been  misin 
terpreted.  In  view  of  these  conflicting  opinions, 
Meacham  cautiously  reported  that  he  had  reason  to 
believe  that  an  honorable  and  permanent  peace  would 
be  concluded  within  a  few  days.69 

On  returning  that  evening  to  the  Modoc  strong 
hold,  Steele  found  the  Indians  in  much  excitement. 

68  Yreka  despatches,  in  Orcgonwn,  March  1873;  Ind.  Aff.  Rept,  1873,  75. 
6a//.  Ex  Doc.,  122,  260,  43d  cong.  1st  seas. 


CAPTAIN  JACK  DEFIANT.  601 

They  had  been  reenforced  by  twenty  warriors. 
Sconchin 70  was  openly  hostile,  Jack  still  professing  to 
desire  peace.  The  evidences  of  blood-thirstiness  were 
so  plain,  however,  that  Steele's  confidence  was  much 
shaken,  and  he  slept  that  night  guarded  by  Scarface. 
In  the  morning  Jack  wore,  instead  of  his  own,  a 
woman's  hat — supposed  to  indicate  his  peace  prin 
ciples;  and  Sconchin  made  a  violent  war  speech. 
When  he  had  finished,  Jack  threw  off  his  woman's 
hat  and  hypocrisy  together,  declaring  that  he  would 
never  go  upon  a  reservation  to  be  starved.  When 
told  by  Steele  of  the  futility  of  resistance,  and  the 
power  of  the  American  people,  he  listened  with  com 
posure,  replying:  "Kill  with  bullets  don't  hurt  much; 
starve  to  death  hurt  a  heap." 71  No  full  report  of  this 
interview  was  made  public.  It  was  understood  that 
a  complete  amnesty  had  been  offered,  provided  the 
Modocs  would  surrender,  and  go  to  Angel  Island  in 
the  bay  of  San  Francisco,  until  a  reservation  could  be 
found  for  them  in  a  warm  climate.  They  were  to  be 
comfortably  fed  and  clothed  where  they  were  until  re 
moved  to  Angel  Island,  and  Jack  was  offered  permis 
sion  to  visit  the  city  of  Washington  in  company  with 
a  few  of  his  head  men.  Jack  made  a  counter-proposi 
tion,  to  be  forgiven  and  left  in  the  lava-beds.  He  de 
sired  Meacham  and  Applegate,  with  six  men  unarmed, 
to  come  on  the  following  day  and  shake  hands  with 
him  as  a  token  of  peace. 

On  returning  from  the  conference,  Steele  advised 
the  commissioners  to  cease  negotiations  until  the  Ind 
ians  should  themselves  make  overtures,  saying  that 
the  Modocs  thought  the  soldiers  afraid  of  them,  and 
carried  on  negotiations  solely  in  the  hope  of  getting 
Canby,  Gillem,  Meacham,  and  Applegate  into  their 

70  Sconchin  of  Jack's  band  was  a  brother  of  the  chief  Sconchin  at  Yainax, 
and  an  intelligent  though  unruly  Indian. 

71  Steele's  Modoc  Question,  MS..  25.     It  is  noticeable  that  in  all  Steele's  in 
terviews  with  Jack  he  never  made  any  attempt  to  impress  upon  his  mind  the 
benevolent  intentions  of  the  government,  but  only  its  coercive  power,  which 
he  knew  Jack  defied. 


602  THE  MODOC  WAR. 

power  to  kill  them.     As  for  himself,  he  would  take 
no  more  risks  among  them. 

Meacham  then  telegraphed  the  secretary  of  the 
interior  that  the  Modocs  rejected  peace,  and  meant 
treachery  in  proposing  to  shake  hands  with  the  com 
missioners  unarmed;  but  Delano,  with  the  theoretical 
wisdom  of  the  average  politician,  replied  that  he  did 
not  so  believe,  and  that  negotiations  were  to  be  con 
tinued.  Canby  telegraphed  Sherman,  March  5th,  that 
the  reports  from  the  Modocs  indicated  treachery  and 
a  renewal  of  hostilities,  to  which  Sherman  replied 
that  the  authorities  at  Washington  confided  in  him, 
and  placed  the  matter  in  his  hands.72 

It  was  not  until  this  intimation  of  a  change  in  the 
board  was  made  that  the  commissioners,  having  com 
pleted  their  examination  of  the  causes  which  led  to 
hostilities,  presented  their  report.  The  conclusions 
arrived  at  were  that  in  any  settlement  of  the  existing 
hostilities  it  would  be  inadmissible  to  return  the 
Modocs  to  the  Klamath  reservation,  the  Klamaths 
having  taken  part  in  the  war  against  them;  or  to  set 
apart  a  reservation  on  Lost  River,  the  scene  of  their 
atrocities.  They  also  objected  to  a  general  amnesty, 
which  would  bring  the  federal  government  in  conflict 
with  the  state  governments,  and  furnish  a  precedent 
calculated  to  cause  misconduct  on  the  reservations, 
besides  greatly  offending  the  friends  of  the  murdered 
citizens.  It  was  their  opinion  that  the  eight  Indians 
indicted  should  be  surrendered  to  the  state  authorities 
to  be  tried.  Should  the  Modocs  accept  an  amnesty, 
they  should,  with  the  exception  of  the  eight  indicted, 
be  removed  at  once  to  some  fort,  other  than  Fort 

72  The  despatch  read:  'All  parties  here  have  absolute  faith  in  you,  but  mis 
trust  the  commissioners.  If  that  Modoc  affair  can  be  terminated  peacefully 
by  you  it  will  be  accepted  by  the  secretary  of  the  interior  as  well  as  the  pres 
ident.  Answer  immediately,  and  advise  the  names  of  one  or  two  good  men 
with  whom  you  can  act,  and  they  will  receive  the  necessary  authority;  or,  if 
you  can  effect  the  surrender  to  you  of  the  hostile  Modocs,  do  it,  and  remove 
them  under  guard  to  some  safe  place,  assured  that  the  government  will  deal 
by  them  liberally  and  fairly.' 


PROMISED  SUBMISSION.  603 

Klamath,  until   their  final  destination  was   decided 
upon.73 

To  this  report  General  Canby  gave  his  approval, 
except  that  he  held  the  opinion  that  the  Indians,  by 
surrendering  as  prisoners  of  war,  would  be  exempt 
from  process  of  trial  by  the  state  authorities  of  Oregon 
or  California.  From  this  opinion  Roseborough  dis 
sented,  but  thought  neither  state  would  interfere  if 
satisfied  that  the  murderers  would  be  removed  to 
some  distant  country  beyond  the  possibility  of  return. 

Applegate  and  Case  having  resigned,  the  former 
with  a  characteristic  special  report  to  the  acting  com 
missioner  of  Indian  affairs,  H.  R.  Clum,  in  which  he 
alluded  to  the  peace  commission  as  an  "expensive 
blunder,"  and  rejected  his  pay  of  ten  dollars  a  day,  it 
might  be  said  that  after  the  6th  of  March  no  board 
really  existed,  and  everything  was  in  the  hands  of 
Cariby.  Jack,  who  kept  himself  informed  of  all  that 
was  transpiring,  and  fearful  lest  the  commissioners 
should  yet  slip  through  his  fingers,  sent  his  sister 
Mary,  on  the  day  following  Steele's  final  departure,  to 
Canby,  to  say  that  he  accepted  the  terms  offered  on 
the  3d,  of  present  support  and  protection,  with  re 
moval  to  a  distant  country;  asking  that  a  delegation 
of  his  people  might  be  permitted  to  accompany  the 
government  officers  in  search  of  a  new  home,  while  the 
remainder  waited,  under  the  protection  of  the  military, 
and  proposed  that  the  surrender  should  be  made  on 
the  10th. 

To  this  proposition  Canby  assented,  and  word  was 
sent  to  Jack  that  he  and  as  many  of  his  people  as 
were  able  to  come,  should  come  into  camp  that  even 
ing,  or  next  morning,  and  that  wagons  would  be  sent 
to  the  edge  of  the  lake  to  fetch  the  others  on  Monday. 
But  Jack  did  not  come  as  expected,  and  the  messen 
gers  sent  to  him  returned  with  the  information  that 
they  could  not  yet  leave  the  lava-beds,  as  they  were 

73  Portland  Bulletin,  March  13,  1873;  Jacksonville  Sentinel,  March  8,  15, 
1873;  Gold  Hill  News,  March  15,  1873;  S.  F.  Call,  March  5,  6,  7,  12,  13, 1873. 


604  THE  MODOC  WAR. 

interring  their  dead,  but  would  soon  keep  their  prom 
ise.  Canby  then  sent  warning  that  unless  they  sur 
rendered  at  once  the  troops  would  be  sent  against 
them,  and  Mary  was  sent  once  more  to  convey  mes 
sages  from  Sconchin  and  Jack.  The  former  affected 
surprise  that  the  white  officers  should  so  soon  be 
offended  with  them,  and  wished  to  know  the  names  of 
those  who  sent  the  warning  message;  and  Jack  de 
clared  he  desired  peace  or  war  at  once,  but  preferred 
peace.  There  was  little  in  his  message,  however,  to 
indicate  any  degree  of  humility.  On  the  contrary,  he 
dictated  the  terms,  which  would  leave  him  master  of 
the  situation,  his  people  fed  and  clothed,  and  allowed 
to  remain  on  Lost  River,  while  he  went  forth  free. 
Riddle  and  Toby,  who  interpreted  the  messages  from 
the  Modocs,  saw  in  them  a  sinister  meaning,  and  cau 
tioned  Canby. 

The  general,  finding  himself  forced  into  a  position 
where  he  must  vindicate  the  power  and  righteousness 
of  the  government,  and  obey  orders  from  the  depart 
ments,  had  little  choice.  Either  he  must  make  war 
on  the  Modocs,  which  he  was  forbidden  to  do,  or  he 
must  make  peace  with  them,  which  was  still  doubtful. 
He  chose  to  accept  as  valid  the  excuses  for  their  want 
of  faith,  and  went  on  making  preparations  for  their 
reception  at  his  camp  on  the  10th.  Tents  were  put 
up  to  shelter  them,  hay  provided  for  beds,  and  new 
blankets,  with  food  and  fire-wood  furnished,  besides 
many  actual  luxuries  for  the  head  men.  On  the  day 
appointed,  four  wagons  were  sent,  under  the  charge  of 
Steele  and  David  Horn,  a  teamster,  to  Point  of 
Rocks  on  Klamath  Lake,  the  rendezvous  agreed  upon ; 
but  no  Indians  appearing,  after  four  hours  of  waiting 
the  expedition  returned  and  reported.  Notwith 
standing  this,  Canby  telegraphed  that  he  did  not  re 
gard  the  last  action  of  the  Modocs  as  final,  and  would 
spare  no  pains  to  bring  about  the  result  desired;  but 
might  be  compelled  to  make  some  movement  of  troops 
to  keep  them  under  observation.  This  was  satisfac- 


CONTINUED  SUSPENSE.  605 

tory  to  the  secretary  of  the  interior,  but  not  quite  so 
to  General  Sherman,  who  had  somewhat  different 
views  of  the  Modoc  quest  ion.74 

On  the  llth  a  reconnoissance  of  the  lava-beds,  by  a 
cavalry  company  under  Colonel  Biddle,  was  ordered, 
but  he  saw  nothing  of  the  Modocs.  According  to  a 
previously  expressed  desire  of  Jack's,  a  messenger 
had  been  sent  to  Yainax  to  invite  old  Sconchin  and  a 
sub-chief,  Riddle,  to  visit  him,  a  proposition  favored  by 
the  general,  who  hoped  the  friendly  chiefs  might  influ 
ence  him  to  make  peace.  Sconchin  came  reluctantly, 
and  after  the  interview  assured  the  general  that  all 
future  negotiations  would  be  unavailing. 

On  the  13th  Biddle,  while  reconnoitring  the  vicin 
ity  of  the  lava-beds,  captured  thirty-four  horses  belong 
ing  to  the  Modocs — a  measure  thought  necessary  to 
lessen  their  means  of  escape.  Two  days  afterward 
headquarters  were  moved  to  Van  Bremer's,  and  the 
troops  drawn  closer  about  Jack's  position.  On  the 
19th  Meacharn  wrote  that  he  had  not  entirely  aban 
doned  hope  of  success;  but  the  Modocs  were  deterred 
by  a  fear  that  the  Oregon  authorities  would  demand 
the  eight  indicted  men  to  be  tried.  In  this  letter  he 
advocated  a  meeting  on  Jack's  own  terms,  and  said  if 
left  to  his  own  judgment  he  should  have  visited  the 
stronghold ;  even  that  he  was  ready  to  do  so  now, 
but  was  restrained  by  Canby ;  though  it  did  not  appear 
that  anything  had  transpired  to  change  his  mind  since 
he  had  written  that  the  Modocs  meant  treachery. 
Canby  himself  could  not  make  his  reports  agree,  for 
on  one  day  he  thought  the  Modocs  would  consent  to 
go  to  Yainax,  and  on  the  next  that  they  were  not  favor 
able  to  any  arrangement.  On  the  22d,  while  Canby 

74  Sherman's  telegram,  after  counselling  patience,  closed  with  this  para 
graph:  '  But  should  these  peaceful  measures  fail,  and  should  the  Modocs  pre 
sume  too  far  on  the  forbearance  of  the  government,  and  again  resort  to  deceit 
and  treachery,  I  trust  you  will  make  such  use  of  the  military  force  that  no 
other  Indian  tribe  will  imitate  their  example,  and  that  no  reservation  for  them 
will  be  necessary  except  graves  among  their  chosen  lava- beds.' 


606  THE  MODOC  WAR. 

and  Gillem  were  making  a  reconnoissance  with  a  cav 
alry  company,  an  accidental  meeting  took  place  with 
Jack  and  a  party  of  his  warriors,  at  which  a  conference 
was  agreed  upon  between  Jack,  Sconchin,  and  the  two 
generals;  but  when  the  meeting  took  place  it  was 
Scarface,  the  acknowledged  war-chief,  instead  of 
Sconchin,  who  accompanied  Jack.  These  provoca 
tions  caused  Canby  to  tighten  more  and  more  the 
cordon  of  soldiery,  and  to  remove  headquarters  to 
the  foot  of  the  high  bluff  skirting  the  lake,  within 
three  miles  of  the  Modoc  position. 

The  peace  commission,  which  had  been  reorgan 
ized  by  the  appointment  of  E.  Thomas,  a  methodist 
preacher  of  Petaluma,  California,  and  L.  S.  Dyar  of 
the  Klamath  agency,  in  place  of  Applegate  and  Case, 
resigned,  arrived  at  headquarters  on  the  24th  of 
March,  and  also  Captain  Applegate  with  five  reser 
vation  Modocs  sent  for  by  Canby  to  assist  in  the 
peace  negotiations.  On  the  26th  Thomas  and  Gil 
lem  had  an  interview  with  Bogus  Charley,  another 
of  the  Modoc  warriors,  who  passed  freely  between  the 
stronghold  and  the  military  camp,  carrying  news  of 
all  he  saw  to  his  leader.  In  this  interview  it  was 
once  more  agreed  upon  that  on  the  following  day 
Jack  and  his  head  men  should  meet  these  two  in  con 
ference;  but  instead,  a  message  "of  a  private  nature" 
was  sent  by  a  delegation  consisting  of  Bogus  Charley, 
Boston  Charley,  Mary,  and  Ellen,  another  Modoc 
woman. 

In  this  way  the  time  passed  until  the  last  of  March 
was  reached,  and  fear  was  entertained  that  with  the 
return  of  warm  weather  the  Modocs  would  escape  to 
the  Shoshones,  and  that  together  they  would  join  in 
a  war  on  the  outlying  settlements.  Hooker  Jim  had 
indeed  already  made  a  successful  raid  into  Langell 
Valley,  driving  off  a  herd  of  horses;  and  on  more  than 
one  occasion  Jack's  lieutenants  had  ventured  as  far 
as  Yainax,  laboring  to  induce  Sconchin's  band  to  join  in 
a  confederacy  of  five  tribes,  which  he  said  were  ready 


A  CONFERENCE.  GOT 

to  take  the  war-path  as  soon  as  he  should  quit  the 
lava-beds;  and  these  occurrences,  becoming  known, 
caused  much  alarm. 

On  the  31st  a  movement  by  the  troops  in  force  was 
made,  three  hundred  marching  to  the  upper  end  of 
Klamath  Lake,  and  thence  on  the  1st  of  April  to  Tule 
Lake  and  the  lava-beds,  Mason's  position  being  two 
miles  from  the  stronghold,  on  the  east  side.  On  the 
2d  the  Modocs  signified  their  willingness  to  meet  the 
peace  commissioners  at  a  point  half-way  between  head 
quarters  and  the  stronghold;  but  Jack  only  reiterated 
his  terms,  which  were  a  general  amnesty,  Lost  River, 
and  to  have  the  troops  taken  away.  The  only  con 
cession  made  was  his  consent  to  having  a  council-tent 
erected  at  a  place  on  the  lava-field  a  mile  and  a  quar 
ter  from  the  camp  of  the  commissioners. 

Again  on  the  4th  a  request  was  made  by  Jack  for 
an  interview  with  Meacham,  Roseborough,  and  Fair- 
child  at  the  council-tent.  They  went,  accompanied 
by  Riddle  and  Toby,  and  found  Jack,  with  six  warriors 
and  the  women  of  his  family.  Again  Jack  and  Scon- 
chin  demanded  the  Lost  River  country  and  their  free 
dom.  He  was  assured  that  it  was  useless  talking 
about  Lost  River,  which  they  had  sold,  and  which 
could  not  be  taken  back.  When  reminded  of  the  kill 
ing  of  the  settlers,  Jack  declared  that  if  the  citizens 
had  taken  no  part  in  the  fight  of  the  29th  the  mur 
ders  would  not  have  taken  place;  and  finally  said  that 
he  would  say  no  more  about  Lost  River  if  he  could 
have  a  reservation  in  California,  including  Willow, 
Cotton  wood,  and  Hot  creeks,  with  the  lava-beds;  but 
this  also  was  pronounced  impracticable.  The  council, 
which  lasted  five  hours,  was  terminated  by  the  Indians 
suddenly  retiring,  saying  if  their  minds  were  changed 
on  the  morrow  they  would  report. 

On  the  following  morning  Boston  Charley  brought 
a  message  from  Jack  to  Roseborough,  asking  for  an 
other  interview,  to  which  consent  was  refused  until 
Jack  should  have  made  up  his  mind;  when  Boston 


608  THE  MODOC  WAR. 

cunningly  remarked  that  the  Modocs  might  surrender 
that  day.  Roseborough  being  deceived  into  thinking 
that  they  so  intended,  Toby  Riddle  was  immediately 
sent  to  Jack  with  a  message  encouraging  him  in  this 
purpose.  The  proposition  was  not  only  declined,  but 
in  such  a  manner  that  on  her  return  Toby  assured 
the  commissioners  and  General  Canby  that  it  would 
not  be  safe  for  them  to  meet  the  Modocs  in  council. 
This  information  was  lightly  treated  by  Canby  and 
Thomas,  but  was  regarded  as  of  more  consequence  by 
Meacham  and  Dyar.  Jack  had  succeeded  in  allaying 
the  apprehensions  of  treachery  once  entertained  by 
Canby,  by  his  apparently  weak  and  vacillating  course, 
which  appeared  more  like  the  obstinacy  of  a  spoiled 
child  than  the  resolution  of  a  desperate  man.  The 
military,  too,  were  disposed  to  regard  Jack's  attach 
ment  to  the  region  about  Tule  Lake  as  highly  patri 
otic,  and  to  see  in  it  something  romantic  and  touching. 
These  influences  were  at  that  critical  juncture  of  affairs 
undermining  the  better  judgment  of  the  army.75 

On  the  morning  of  the  8th  of  April  Jack  sent  a 
messenger  to  the  commissioner  to  request  a  meeting  at 
the  council-tent,  the  former  to  be  accompanied  by  six 
unarmed  Modocs.  But  the  signal-officer  at  the  station 
overlooking  the  lava-beds  reporting  six  Indians  at  the 
council-tent,  and  twenty  more  armed  in  the  rocks 
behind  them,  the  invitation  was  declined.  Jack  un 
derstood  from  this  rejection  of  his  overtures  that  he 
was  suspected,  and  that  whatever  he  did  must  be 
done  quickly.  If  the  truth  must  be  told,  in  point  of 
natural  sagacity,  diplomatic  ability,  genius,  this  savage 
was  more  than  a  match  for  them  all.  His  plans  so 

75  In  Meacham's  special  report  he  points  out  that  Thomas  was  indiscreet  in 
his  intercourse  with  the  Modocs.  He  questioned  one  of  them  as  to  the  truth 
of  Toby's  report  that  it  would  not  be  safe  for  the  commissioners  to  meet  Jack, 
which  was  denied;  and  on  being  asked  in  turn  who  told  him,  he  said  Toby 
Riddle — a  dangerous  breach  of  trust,  exposing  Toby  to  the  wrath  of  the  Mo 
docs.  Gillem  also  informed  this  same  Indian  '  that  unless  peace  was  made  very 
soon  he  would  move  up  near  the  Modoc  stronghold,  and  that  one  hundred 
Warm  Spring  Indians  would  be  added  to  the  army  within  a  few  days.'  Ind. 
Aff.  Rept,  1873,  77. 


PRECAUTIONS  NEGLECTED.  609 

far  had  been  well  devised.  His  baffling  course  had 
secured  him  the  delay  until  spring  should  open  suffi 
ciently  to  allow  him  to  fly  to  the  Shoshones,  when, 
by  throwing  the  army  into  confusion,  the  opportunity 
should  be  afforded  of  escape  from  the  lava-beds  with 
all  his  followers. 

On  the  morning  of  the  10th  Boston  Charley, 
Hooker  Jim,  Dave,  and  Whim  visited  headquarters, 
bringing  a  proposition  from  Jack  that  Canby,  Gillem, 
and  the  peace  commissioners  should  meet  the  Modocs 
in  council.  He  was  answered  by  a  proposition  in 
writing,  which  Riddle  read  to  them,  containing  the 
former  terms  of  a  general  amnesty  and  a  reservation 
in  a  warmer  climate.  Jack's  conduct  was  not  encour 
aging.  He  threw  the  paper  upon  the  ground,  saying 
he  had  no  use  for  it;  he  was  not  a  white  man,  and 
could  not  read.  Light  remarks  were  uttered  concern 
ing  the  commissioners.  Beef  was  being  dried,  and 
breastworks  thrown  up,  strengthening  certain  points, 
all  of  which  indicated  preparations  for  war  rather 
than  peace.  Jack,  however,  agreed  to  meeting  the 
commissioners  if  they  would  come  a  mile  beyond  the 
council- tent. 

Notwithstanding  all  these  ominous  signs,  and  the 
advice  of  Riddle  to  the  contrary,  it  was  finally  set 
tled  at  a  meeting  of  the  peace  commissioners,  Thomas 
in  the  chair,  that  a  conference  should  take  place  be 
tween  them  and  Canby  on  one  side  and  Jack  and  five 
Modocs  on  the  other,  both  parties  to  go  without  arms. 
The  llth  was  the  day  set  for  the  council,  and  the 
place  indicated  by  Jack  accepted.  After  this  decis 
ion  was  arrived  at,  Riddle  still  advised  Canby  to  send 
twenty-five  or  thirty  men  to  secrete  themselves  in  the 
rocks  near  the  council-ground,  as  a  guard  against  any 
treacherous  movement  on  the  part  of  the  Indians. 
But  to  this  proposal  Canby  replied  that  it  would  be 
an  insult  to  Captain  Jack  to  which  he  could  not  con 
sent;  and  that  besides,  the  probable  discovery  of  such 
a  movement  would  lead  to  hostilities.  In  this  he  was 

HIST.  OB.,  VOL.  II.    39 


610  THE  MODOC  WAR. 

not  mistaken,  for  Bogus  Charley  and  Boston  Charley 
spent  the  night  in  Gillem's  camp,  remaining  until 
after  the  commissioners  had  gone  to  the  rendezvous.76 

The  place  chosen  by  Jack  was  a  depression  among 
the  rocks  favorable  to  an  ambuscade,  and  Meacham, 
who  had  not  been  present  when  the  meeting  was  de 
termined  upon,  strenuously  objected  to  placing  the  com 
mission  in  so  evident  a  trap,  but  yielded,  as  did  Dyar, 
to  the  wishes  of  Canby  and  Thomas,  one  of  whom 
trusted  in  the  army  and  the  other  in  God  to  see  them 
safely  through  with  the  conference.77  So  earnest  was 
Riddle  not  to  be  blamed  for  anything  which  might 
happen,  that  he  requested  all  the  commissioners  and 
Canby  to  accompany  him  to  Gillem's  tent,  that  officer 
being  ill,  where  he  might  make  a  formal  protest; 
and  where  he  plainly  admitted  that  he  consented  to 
make  one  of  the  party  rather  than  be  called  a  cow 
ard,  and  advised  that  concealed  weapons  should  be 
carried.  To  this  proposition  Canby  and  Thomas 
punctiliously  objected,  but  Meacham  and  Dyar  con 
cealed  each  a  small  pistol  to  be  used  in  case  of  an 
attack. 

At  the  time  appointed,  the  peace  commissioners  re 
paired  to  the  rendezvous,  Meacham,  Dyar,  and  Toby 
riding,  and  the  others  walking,  followed  by  Bogus 
and  Boston  from  the  military  camp,  which  gave  Jack 
just  double  the  number  of  the  commissioners,  of  whom 
Canby  was  to  be  considered  as  one.  All  sat  down  in 
a  semicircular  group  about  a  camp-fire.  Canby  of 
fered  the  Modocs  cigars,  which  were  accepted,  and 
all  smoked  for  a  little  while.  The  general  then 

o 

opened  the  council,  speaking  in  a  fatherly  way:  say- 

76  H.  Ex.  Doc.,  122,  139,  43d  cong.  1st  sess. 

77  Canby  said  that  the  Modocs  dare  not  attack  with  Mason's  force  where 
it  could  be  thrown  into  the  stronghold  before  the  Modocs  could  return  to  it. 
Thomas  said  that  God  almighty  would  not  let  any  such  body  of  men  be  hurt 
that  was  on  as  good  a  mission  as  that.     'I  told  him, 'says  Riddle,  'that  he 
might  trust  in  God,  but  that  I  didn't  trust  any  of  them  Indians.'    Meacham, 
in  his  Wif/ivam  and  Warpath,  published  two  or  three  years  after  the  war,  says 
that  the  Modocs,  perceiving  the  doctor's  religious  bent,  pretended  to  have 
their  hearts  softened  and  to  desire  peace  from  good  motives,  which  hypocrisy 
deceived  him.     1  do  not  find  anything  anywhere  else  to  sustain  this  assertion. 


THE  FINAL  CONFERENCE.  611* 

ing  he  had  for  many  years  been  acquainted  with 
Indians;  that  he  came  to  the  council  to  have  a 
kindly  talk  with  them  and  conclude  a  peace,  and  that 
whatever  he  promised  them  they  could  rely  upon. 
Meacham  and  Thomas  followed,  encouraging  them  to 
look  forward  to  a  happier  home,  where  the  bloody- 
scenes  of  Lost  FJver  could  be  forgotten. 

In  reply,  Jack  said  he  had  given  up  Lost  Kiver, 
but  he  knew  nothing  of  other  countries,  and  he  re 
quired  Cottonwood  and  Willow  creeks  in  place  of  it 
and  the  lava-beds.  While  the  conference  had  been 
going  on,  several  significant  incidents  had  occurred. 
Seeing  another  white  man  approaching  along  the  trail 
from  camp,  and  that  the  Indians  appeared  uneasy,- 
•  Dyar  mounted  and  rode  out  to  meet  the  intruder  and 
turn  him  back.  When  he  returned  he  did  not  rejoin 
the  circle,  but  remained  a  little  way  behind,  reclining 
upon  the  ground,  holding  his  horse.  While  Meacham 
was  talking  and  Sconchin  making  some  disrespectful 
comments  in  his  own  tongue,  Hooker  Jim  arose,  and 
going  to  Meacham's  horse,  took  his  overcoat  from  the 
horn  of  the  saddle,  putting  it  on,  and  making  some^ 
mocking  gestures,  after  which  he  asked  in  English  if 
he  did  not  resemble  "old  man  Meacham." 

The  affront  and  all  that  it  signified  was  understood 
by  every  man  there;  but  not  wishing  to  show  any' 
alarm,  and  anxious  to  catch  the  eye  of  Canby,  Mea 
cham  looked  toward  the  general,  and  inquired  if  he 
had  anything  more  to  say.     Calmly  that  officer  arose,- 
and  related  in  a  pleasant  voice  how  one  tribe  of  Ind 
ians  had  elected  him  chief,  and  given  him  a  name  sig-' 
nifying  "Indian's  friend;"  and  how  another  had  made' 
him  a  chief,  and  given  him  the  name  of  "The  tall- 
man;"  and  that  the  president  of  the  United  States 
had  ordered  him  to  this  duty  he  was  upon,  and  he' 
had  no  power  to  remove  the  troops  without  authority 
from  the  president. 

Sconchin   replied   by  reiterating   the   demand   for 
Willow  and  Cottonwood  creeks,  and  for  the  removal 


012  THE  MODOC  WAR. 

of  the  troops.  While  Sconchin's  remarks  were  being 
interpreted,  Jack  arose  and  walked  behind  Dyar's 
horse,  returning  to  his  place  opposite  Canby  a  moment 
later.  As  he  took  his  position,  two  Indians  suddenly 
appeared,  as  if  rising  out  of  the  ground,  carrying  each 
a  number  of  guns.  Every  man  sprang  to  his  feet  as 
Jack  gave  the  word,  "all  ready,"  in  his  own  tongue, 
and  drawing  a  revolver  from  his  breast  fired  at  the 
general.  Simultaneously  Sconchin  fired  on  Meacham, 
and  Boston  Charley  on  Thomas.  At  the  first  motion 
of  Jack  to  fire,  Dyar,  who  was  a  very  tall  man  and 
had  the  advantage  of  a  few  feet  in  distance,  started 
to  run,  pursued  by  Hooker  Jim.  When  he  had  gone 
a  hundred  and  fifty  rods,  finding  himself  hard  pressed, 
he  turned  and  fired  his  pistol,  which  checked  the  ad 
vance  of  the  enemy.  By  repeating  this  manoeuvre 
several  times,  he  escaped  to  the  picket-line.  Riddle 
also  escaped  by  running,  and  Toby,  after  being  given 
one  blow,  was  permitted  to  follow  her  husband. 
General  Canby  was  shot  through  the  head.  Thomas 
was  also  shot  dead;  and  both  were  instantly  stripped 
naked.  Meacham  had  five  bullet-wounds,  and  a  knife- 
cut  on  the  head.  He  was  stripped  and  left  for  dead, 
but  revived  on  the  arrival  of  the  troops. 

While  the  commissioners  were  smoking  and  con 
versing  with  the  Modocs,  a  preliminary  part  of  the 
tragedy  was  being  enacted  on  another  part  of  the  field. 
An  Indian  was  discovered  by  the  picket  about  Ma 
son's  camp  carrying  a  white  flag,  a  sign  of  a  desire  to 
see  some  of  the  officers,  and  Lieutenant  W.  L.  Sher 
wood,  officer  of  the  day,  was  sent  by  the  colonel  to 
meet  the  bearer  and  learn  his  errand.  Sherwood 
soon  returned  with  the  report  that  some  Modocs  de 
sired  an  interview  with  the  commander  of  the  post; 
when  Mason  sent  them  word  to  come  within  the  lines 
if  they  wished  to  see  him.  Lieutenant  Boyle,  who 
happened  to  be  present,  asked  permission  to  accom 
pany  Sherwood,  when  the  two  officers  walked  out  to 
meet  the  flag-bearer,  half  a  mile  outside  the  pickets. 


MURDER  OF  THE  COMMISSIONERS.  613 

On  the  way  they  encountered  three  Indians,  who  in 
quired  if  Boyle  was  the  commanding  officer,  and  who 
invited  them  to  go  on  to  where  the  flag-bearer  awaited 
them.  Something  in  their  manner  convincing  the 
officers  of  treachery,  they  declined,  saying  that  if  the 
Indians  desired  to  talk  they  must  come  within  the 
lines,  and  turned  back  to  camp.  The  Indians  then 
commenced  firing,  Sherwood  and  Boyle  running  and 
dodging  among  the  rocks,  being  without  arms.  Sher 
wood  soon  fell,  mortally  wounded,  but  Boyle  escaped, 
being  covered  by  the  guns  of  the  pickets. 

The  officer  at  the  signal-station  overlooking  Mason's 
camp  immediately  telegraphed  General  Gillern  what 
had  occurred,  and  preparations  were  at  once  made  to 
send  T.  T.  Cabaniss  to  warn  General  Canby,  bub  be 
fore  the  message  was  ready  the  signal-officer  reported 
firing  on  the  council-ground. 

At  this  word  the  troops  turned  out,  Sergeant 
Wooton  of  company  K,  1st  cavalry,  leading  a  detach 
ment  without  orders.  The  wildest  confusion  pre 
vailed,  yet  in  the  sole  intent,  if  possible,  to  save  the 
life  of  the  general  whom  they  all  loved  and  venerated, 
there  was  unity  of  purpose.  Before  the  troops 
reached  the  council-ground  they  were  met  by  Dyar, 
with  the  story  of  the  fatal  catastrophe,  and  on  arriv 
ing  at  the  spot,  Meacham  was  discovered  to  be  alive. 
Jack  had  retreated  to  his  stronghold,  the  troops  fol 
lowing  for  half  a  mile,  but  finally  retreating  to  camp 
for  the  night.78 

As  might  have  been  expected,  a  profound  excite 
ment  followed  upon  the  news, of  the  disastrous  wind- 
ing-up  of  the  peace  commission.  At  Yreka  Delano 
was  hanged  in  effigy.  At  Portland  the  funeral  honors 

78  Cabaniss,  who  was  personally  strongly  attached  to  Canby,  wrote  an  in 
teresting  and  highly  colored  account  of  the  incidents  just  prior  to  and  suc 
ceeding  the  massacre,  for  the  Eureka,  Cal.,  West  Coast  Signal,  April  19,  1S73. 
Various  accounts  appeared  in  the  newspapers  of  that  date,  and  in  Fitzgerald's 
Cal.  Sketches,  140;  Simpson's  Meeting  the  Sun,  356-83;  and  Meacham'a  Wiy- 
wam  and  Warpath,  written  to  justify  his  own  want  of  judgment  and  conceal 
his  want  of  honesty. 


614  THE  MODOC  WAR. 

paid  to  Canby  were  almost  equal  to  those  paid  to 
Lincoln.79 

One  general  expression  of  rage  and  desire  for  revenge 
was  uttered  over  the  whole  country,  east  as  well  as 
west;  and  very  few  shrank  from  demanding  extermi 
nation  for  the  murderers  of  a  major-general  of  the 
United  States  army  and  a  methodist  preacher,  though 
little  enough  had  been  the  sympathy  extended  by  the 
east  to  the  eighteen  hard-working,  undistinguished 
citizens  of  the  Oregon  frontier 80  massacred  by  these 
same  Modocs. 

The  president  authorized  Sherman  to  order  Scho- 
field,  commanding  the  division  of  the  Pacific,  "to  make 
the  attack  so  strong  and  persistent  that  their  fate 
may  be  commensurate  with  their  crime;"  to  which 
Sherman  added,  "You  will  be  fully  justified  in  their 
utter  extermination."  Many  expedients  were  sug- 

79  Edward  R.  S.  Canby  was  born  in  Kentucky  in  1817,  and  appointed  to 
the  military  academy  at  West  Point  from  Indiana.  He  graduated  in  1 830, 
and  was  made  2d  lieut.  He  served  in  the  Florida  war,  and  removed  the  Ind 
ians  to  Arkansas  in  1842.  From  1846  to  1848  he  served  in  Mexico,  and 
was  at  the  siege  of  Vera  Cruz,  the  battles  of  Cerro  Gordo,  Contreras,  and 
Churubusco,  where  he  was  brevetted  major  for  gallant  conduct;  was  at  the  as 
sault  and  capture  of  the  City  of  Mexico,  where  ke  was  brevetted  lieut-col;  was 
commander  of  the  division  of  the  Pacific  from  1849  to  1851,  after  which  he  was 
four  years  in  the  adj. -gen.  office  at  Washington.  From  1855  to  the  breaking 
out  of  the  rebellion  he  \vas  on  frontier  duty.  He  served  through  the  civil  war 
as  colonel  of  the  19th  inf.  in  the  dep.  of  New  Mexico;  was  made  brig.- 
gen.  of  U.  S.  volunteers  in  March  1862;  was  detached  to  take  command  of 
the  city  and  harbor  of  New  York  to  suppress  draft  riots;  was  made  maj.-gen. 
of  volunteers  in  1864,  in  command  of  the  military  division  of  west  Missis 
sippi;  was  brevetted  brig. -gen.  of  the  U.  S.  army  in  1865  for  gallant  conduct 
at  the  battle  of  Valverde,  New  Mexico;  and  was  brevetted  maj.-gen.  U.  S. 
army  for  gallant  and  meritorious  services  at  the  capture  of  Fort  Blakely  and 
Mobile.  He  commanded  the  military  district  of  North  and  South  Carolina 
from  September  1867  to  September  1868,  and  was  afterward  placed  in  com 
mand  of  Texas,  and  then  of  Va,  where  he  remained  until  transferred  to  Or. 
in  1870.  He  was  tall  and  soldierly  in  appearance,  with  a  benevolent 
countenance.  He  had  very  little  money  saved  at  the  time  of  his  death, 
and  a  few  citizens  of  Portland  gave  five  thousand  dollars  to  his  widow. 
It  is  stated  that  a  brother  was  stricken  with  sudden  insanity  on  hearing 
of  his  fate.  Santa  Barbara  Index,  July  17,  1873.  Rev.  E.  Thomas  was 
a  minister  in  the  methodist  denomination.  He  was  in  charge  of  a  Niag 
ara-street  church  in  Buffalo,  New  York,  in  1853;  came  to  Cal.  in  1865,  where 
he  was  agent  for  the  Methodist  Book  Concern;  for  several  years  was  editor 
of  the  Cal.  Christian  Advocate,  and  at  the  time  of  his  death  was  presiding 
elder  of  the  Petaluma  district  of  the  Cal.  M.  E.  Conference.  He  left  a  wife 
and  three  children.  Oregonian,  April  14,  1873. 

8uSee  Washington  despatches,  in  Portland  Oregoman,  April  15,  1873;  N. 
Y.  Herald,  April  20,  1873;  London  Times,  April  16,  1873. 


HOSTILITIES  RESUMED.  615 

tested  in  the  public  prints  to  force  the  Modocs  out  of 
their  caves  in  the  lava-beds,  such  as  sharp-shooters  to 
pick  them  off  at  long  range;  steel  armor  for  the  sol 
diers;  the  employment  of  blood-hounds,  and  of  sulphur 
smoke  81  But  fortunately  for  the  reputation  of  the 
American  people,  none  of  these  methods  were  resorted 
to,  the  public  being  left  to  exhaust  its  hostility  in 
harmless  suggestions.82 

The  troops  had  at  no  time  regarded  the  peace  com 
mission  with  favor,  any  more  than  had  the  people 
best  acquainted  with  the  character  of  the  Modocs. 
Those  who  fought  on  the  17th  of  January  were  dis 
pleased  with  the  removal  of  Wheaton  from  the  com 
mand,  and  had  seen  nothing  yet  in  Gillem  to  lessen 
their  dissatisfaction.  They  were  now  anxious  to  light, 
and  impatiently  awaiting  the  command,  which  they 
with  other  observers  thought  a  long  time  coming. 

On  the  day  after  the  massacre  Mason  moved  to  the 

south  of  the  stronghold  six  miles.     His  line  was  at 

tacked  by  the  Modocs,  forcing  the  left  picket  to  give 

way   which  position  was,  however,  retaken  by  Lieu 

tenant  E.  R  Thellar  with  a  portion  of  company  I  ot 

the  21st  infantry.     Skirmishing  was  kept  up  all  day 

and  a  part  of  the  13th.     At  length,  on  the  14th,  Gil- 

lem  telegraphed  to  Mason,  asking  if  he  could  be  ready 

to  advance  on  the  stronghold  on  the  next  morning; 

to  which  Mason  replied  that  he  preferred  to  get  into 

position  that  night.     To  this  Gillem  consented  order 

ing  him  not  to  make  any  persistent  attack    but  to 

shelter  his  men  as  well  as  possible.     Donald  McKay  s 

company  of  Warm  Spring  scouts,  engaged  by  Can  by 

when  it  began  to  appear  that  hostilities  would  be  re 

sumed,  had  arrived,  and  was  posted  on  Mason's  left, 

with  orders  to  work  around  toward  Green's  right. 

The  movement  began  at  midnight,  and  before  day- 

e1  See  letter  of  A.  Hamilton  to  the  secretary  of  the  interior,  in  H.  Ex. 

,5,  and  Apri,£  4,  ,9,  28   ,873; 
PlaindeaLer,  May  2  and  June 


villt  Sentinel,  May  3,  1873;  Roseburg 


616  THE  MODOC  WAR. 

light  the  troops  were  in  position,  about  four  hundred 
yards  east  of  the  stronghold,  the  right  of  the  infantry 
under  Captain  Burton  resting  on  the  lake,  and  Ber 
nard's  troop  dismounted  on  the  left,  with  a  section  of 
mountain  howitzers,  held  subject  to  order,  under  Lieu 
tenant  E.  S.  Chapin.  Breastworks  of  stone  were 
thrown  up  to  conceal  the  exact  position  of  the  troops. 
On  the  west  side  of  the  lake  Perry  and  Cresson  moved 
at  two  o'clock  in  the  morning  to  a  point  beyond  the 
main  position  of  the  Modocs  on  the  south,  where  they 
concealed  their  troops  and  waited  to  be  joined  at  day 
light  by  the  infantry  and  artillery  under  Miller  and 
Throckmorton,  with  Colonel  Green  and  staff.  Miller 
had  the  extreme  right,  and  the  cavalry  the  extreme 
left  touching  the  lake,  while  Throckniorton's  artillery 
and  two  companies  of  infantry  were  in  the  centre. 
'  The  day  was  warm  and  still,  and  the  movement  to 
close  in  began  early.  The  first  shots  were  received  a 
mile  and  a  half  from  Jack's  stronghold  on  the  west, 
while  the  troops  were  advancing  in  open  skirmish  or 
der  along  the  lake  shore,  sheltering  themselves  as  best 
they  could  under  cover  of  the  rocks  in  their  path. 
On  reaching  the  gorge  under  the  bluff  a  galling  fire 
was  poured  upon  them  from  the  rocks  above,  where  a 
strong  party  of  Modocs  were  stationed.  Mason  was 
doing  all  that  he  could  to  divide  the  attention  of  the 
Indians  while  the  army  passed  this  dangerous  point, 
and  the  reserves  coming  up,  a  charge  was  made  which 
compelled  the  Modocs  to  retire,  and  their  position 
was  taken. 

At  two  o'clock  the  order  was  given  to  advance  the 
mortars  under  Thomas  and  Cranston,  and  Howe  of  the 
4th  artillery.  By  half-past  four  they  were  in  position, 
and  the  left  of  the  line  on  the  west  had  reached  a 
point  opposite  the  stronghold.  By  five  o'clock  the 
mortars  began  throwing  shells  into  the  stronghold, 
which  checked  the  Modoc  firing.  So  far  all  went 
well.  The  bluff  remained  in  the  possession  of  Miller's 
men,  between  whom  and  the  main  plateau,  or  mesa,  in 


FIGHT  IN  THE  LAVA-BEDS.  617 

which  the  caves  are  situated,  only  two  ledges  of  rock 
intervened.  On  Mason's  side,  also,  the  outer  line  of 
the  Modoc  defences  was  abandoned.  At  six  o'clock 
the  mortars  were  again  moved  forward,  and  by  night 
fall  the  troops  in  front  of  the  stronghold  were  ready 
to  scale  the  heights.  At  midnight  Mason's  troops 
took  up  the  position  abandoned  by  the  Modocs,  within 
one  hundred  yards  of  their  defences. 

Their  last  position  was  now  nearly  surrounded,  but 
they  fought  the  troops  on  every  side,  indicating  more 
strength  than  they  were  supposed  to  possess.  The 
troops  remained  upon  the  field,  and  mortar  practice 
was  kept  up  throughout  the  night  at  intervals  of  ten 
minutes.  In  the  morning,  Mason's  force  with  the 
Warm  Spring  scouts  being  found  in  possession  of  the 
mesa,  the  Modocs  abandoned  their  stronghold,  passing 
out  by  unseen  trails,  and  getting  on  Mason's  left, 
prevented  his  joining  with  Green's  right.  Subse 
quently,  he  was  ordered  to  advance  his  right  and  join 
Green  on  the  shore  of  the  lake,  which  cut  the  Indians 
off  from  water. 

By  ten  o'clock  in  the  forenoon  Green's  line  had 
reached  the  top  of  the  bluff  nearest  the  stronghold, 
meeting  little  opposition,  but  ii  was  decided  not  to 
push  the  troops  at  this  point,  as  there  might  be  heavy 
loss  without  any  gain,  and  the  want  of  water  must 
soon  force  the  Modocs  out  of  their  caverns  and  de 
fences,  while  it  was  not  probable  they  could  find  a 
stronger  position  anywhere.  The  day's  work  consisted 
simply  of  skirmishings.  No  junction  was  effected 
between  Mason  and  Green  on  the  west;  the  principal 
resistance  offered  being  to  this  movement. 

In  the  evening  Thomas  dropped  two  shells  into  the 
Modoc  camp-fire,  causing  cries  of  rage  and  pain. 
After  this  the  Indians  showed  themselves,  and  chal 
lenged  the  soldiers  to  do  the  same;  but  the  latter  were 
hidden  behind  stone  breastworks,  five  or  six  in  a  place, 
with  orders  not  to  allow  themselves  to  be  surprised  in 
these  little  forts,  built  at  night ;  they  also  caught  a  little 


618  THE  MODOC  WAR, 

sleep,  two  at  a  time,  while  the  others  watched.83  The 
second  day  ended  with  some  further  advances  upon 
the  stronghold,  and  with  the  batteries  in  better 
position.  The  blaze  of  musketry  along  the  lake  shore 
at  nine  o'clock  in  the  evening,  when  the  Modocs 
endeavored  to  break  through  the  lines  to  get  to  water, 
was  like  the  flash  of  flames  when  a  prairie  is  on  fire. 
The  troops  remained  again  over  night  on  the  field, 
having  only  coffee  served  hot  with  their  rations. 

On  the  morning  of  the  17th  Green's  and  Mason's 
lines  met  without  impediment,  and  a  general  move 
ment  was  made  to  sweep  the  lava-beds,  the  Indians 
seeming  to  rally  about  eleven  o'clock,  and  to  oppose 
the  approach  to  their  famous  position.  But  this  was 
only  a  feint,  and  when  the  troops  arrived  at  the  caves 
the  Modocs  had  utterly  vanished.  Then  it  appeared 
why  they  had  so  hotly  contested  the  ground  between 
Mason  and  Green.  An  examination  showed  a  fissure 
in  the  pedregal  leading  from  the  caverns  to  the  distant 
hills,  which  pass  had  been  so  marked  that  it  could  be 
followed  in  the  darkness,  and  through  it  had  been 
conveyed  the  families  and  property  of  the  Modocs  to 
a  place  of  safety. 

The  loss  of  the  army  in  the  two  days'  engagements 
was  five  killed  and  twelve  wounded.  On  the  third 
day  a  citizen  of  Yreka,  a  teamster,  was  killed,  and 
his  team  captured.  Seventeen  Indians  were  believed 
to  be  killed. 

The  consternation  which  prevailed  when  it  became 
known  that  Jack  had  escaped  with  his  band  was  equal 
to  that  after  the  massacre  of  the  peace  commissioners; 
but  the  worst  was  yet  to  come.  From  the  smoke  of 
large  fires  observed  in  the  south-east,  it  was  conjectured 
that  the  Indians  were  burning  their  dead,  and  fleeing 
in  that  direction,  and  the  cavalry  was  ordered  to 
pursue,  Perry  setting  out  the  18th  to  make  a  circuit 
of  the  lava-beds,  a  inarch  of  eighty  miles.  The  Warm 

83  Boyle's  Conduct  of  the  Modoc  War,  MS.,  28. 


ESCAPE  OF  THE  INDIANS.  619 


Spring  scouts  also  were  scouring  the  country  toward 
the  east.     In  the  mean  time  Mason  was  ordered  to 
hold  the  Modoc  fortress,  while  his  camp  at  Hospital 
Rock  was  removed  to  the  camp  at  Scorpion  Point,  on 
the  east  side  of  the  lake.     This  left  the  trail  along 
the  south  side  exposed  to  attack  from  the  enemy's 
scouts.     On  the  afternoon  of  the  18th  they  appeared 
on  a  ridge  two  miles  off,  and  also  at  nearer  points 
during  the  day,  firing  occasional  shots.     On  the  morn 
ing  of  the  19th  they  attacked  a  mule  pack-train  on 
its' way  from  Scorpion  Point  to  supply  Mason  at  the 
stronghold,  escorted  by  Lieutenant  Howe  with  twenty 
men,  and   were   repulsed.     Lieutenant  P.  Leary,  in 
coming  to  meet  the  train  with  an  escort,  had  one  man 
killed  and  one  wounded;  and  Howe,  on  entering  the 
lava-beds,  both  coming  and  returning,  was  fired  on. 
A  shell  dropped  among  them  dispersed  them  for  that 
day;  but  on  the  20th  they  again  showed  themselves, 
going  to  the  lake  for  water,  and  fired  on  the  Warm 
Spring  scouts,  who  were  burying  one  of  their  company 
killed  on  the  17th.     They  even  bathed  themselves  m 
the  lake,  in  plain  view  of  the  astonished  soldiery  in 
camp.     After  two  days,  Perry's  and  McKay's  com 
mands  came  in  without  having  seen  a  Modoc. 

Meanwhile  Gillem  was  waiting  for  two  companies 
of  the  4th  artillery,  en  route  from  San  Francisco, 
under  captains  John  Mendenhall  and  H.  C.  Hasbrouck, 
to  make  another  attempt  to  surround  the  Modocs  in 
their  new  position,  which  he  reported  as  being  about 
four  miles  south  of  their  former  one.  In  their  im 
patience,  the  troops  went  so  far  as  to  say  that  it 
was  concern  for  his  personal  safety  which  deterred 
Gillem,  who  had  not  stirred  from  camp  during  the 
three  days'  fight,  but  had  all  the  troops  that  could  be 
spared  posted  at  his  camp. 

From  the  20th  to  the  25th  nothing  was  done  except 
to  keep  the  scouts  moving.  On  the  night  of  the  22d 
McKay  discovered  a  camp  of  forty  Modocs  in  a  ridge 
at  the  southern  end  of  the  lava-beds,  known  as  the 


620  THE  MODOC  WAR. 

Black  Ledge.  Its  distance  from  headquarters  was 
about  four  miles,  with  a  trail  leading  to  it  from  the 
lake,  which  was  practicable  for  light  artillery.  For 
two  days  after  its  discovery  no  Indians  were  seen 
coming  to  the  lake  for  water,  and  the  opinion  prevailed 
that  they  had  left  the  lava-beds,  in  which  case  they 
were  certain  either  to  escape  altogether  or  to  attack 
the  settlements. 

In  order  to  settle  the  question  of  their  whereabouts, 
a  reconnoissance  was  planned  to  take  placQ  on  the 
26th,  to  extend  to  the  Black  Ledge.  In  arranging 
this  scout  Gillem  consulted  with  Green.  It  was 
decided  to  send  on  this  service  Thomas,  with  Howe, 
Cranston,  and  Harris  of  the  artillery,  and  Wright  of 
the  infantry,  with  a  force  of  about  seventy-  men,  and 
a  part  of  Donald  McKay's  scouts,  making  about  eighty- 
five  in  all. 

Some  anxiety  was  felt  as  the  expedition  set  out  at 
eight  o'clock  in  the  morning,  and  a  watch  was  kept 
upon  their  movements  as  they  clambered  among  the 
rocks,  until  they  passed  from  view  behind  a  large 
sand-butte,  a  mile  and  a  half  away.  Before  passing 
out  of  sight,  they  signalled  that  no  Indians  had  been 
found.  As  no  official  account  of  what  transpired 
thereafter  could  ever  be  given,  the  facts,  as  gathered 
from  the  soldiers,  appear  to  have  been  as  follows: 

Thomas  advanced  without  meeting  any  opposition 
or  seeing  any  Indians  until  he  reached  the  point  des 
ignated  in  his  orders,  keeping  out  skirmishers  on  the 
march,  with  the  Warm  Spring  scouts  on  his  extreme 
left,  that  being  the  direction  from  which  it  was  thought 
the  Indians  might  attack  if  at  all.  But  none  being 
discovered,  and  the  field  appearing  to  be  clear,  a  halt 
was  called  about  noon,  when  men  and  officers  threw 
themselves  carelessly  upon  the  ground  to  rest  and 
take  their  luncheon. 

While  in  this  attitude,  and  unsuspicious  of  danger, 
a  volley  of  rifle-balls  was  poured  in  among  them.  It 
would  be  impossible  to  describe  the  scene  which  fol- 


DEFEAT  OF  THOMAS.  621 


lowed.  When  the  troops  were  attacked  they  were  in 
open  ground,  from  which  they  ran  to  take  shelter  in 
the  nearest  defensible  positions.  Many  of  them  never 
stopped  at  all,  or  heeded  the  word  of  command  of 
their  officers,  but  kept  straight  on  to  camp.  "Men, 
we  are  surrounded;  we  must  fight  and  die  like  sol 
diers,"  cried  Thomas;  but  he  was  heeded  by  few,  fully 
two  thirds  of  the  men  being  panic-stricken,  and  nearly 
one  half  running  away. 

The  only  shelter  that  presented  itself  from  the  bul 
lets  of  the  concealed  Modocs  was  one  large  and  sev 
eral   smaller  basins  in  the  rocks.     In  these  the  re 
mainder  of  the  command  stationed  themselves,  but 
this  defence  was  soon  converted  into  a  trap  in  which 
the  victims  were  the  more  easily  slaughtered.     The 
Indians,  who   from    the    first  aimed   at  the   officers, 
were  now  able  to  finish  their  bloody  work.     In  what 
order  they  were  killed  no  one  could  afterward  tell; 
but  from  the  fact  that  only  Thomas  and  Wright  were 
remembered  to  have  said  anything,  it  is  probable  the 
others  fell  at  the  first  fire/and  that  it  was  their  fall 
which  demoralized  the  men  so  completely.     Thomas 
received  several  wounds.     Wright  was   wounded    in 
the  hip,  in  the  groin,  in  the  right  wrist,  and  through 
the  body.     He  was  in  a  hole  with  four  of  his  men, 
when  a  sergeant  attempted  to  bring  him  some  water, 
and  was  also  shot  and  wounded  in  the  thigh.     Soon 
after  Wright  died,  and  the   remaining   three,  all  of 
whom  were  wounded,  were  left  to  defend  themselves 
and    protect   the    body  of    their   dead    commander. 
About  three  o'clock  an  Indian  crept  up  to  the  edge 
of  the  basin,  calling  out  in  English  to  the  soldiers  if 
they  were  not  wounded  to  leave  for  camp,  as  he  did 
not  wish  to  kill  all  of  them,  at  the  same  time  throw 
ing  stones  into  the  pit  to  cause  some  movement  if  any 
there  were  really  alive.     Hearing  no  sound,  he  crept 
closer  and  peered  over,  with  two  or  three  others,  when 
the  soldiers  sprang  up  and  fired.     The  Indians  then 
left  them,  whether  wounded  or  not  the  soldiers  could 


622  THE  MODOC  WAR. 

not  tell.  Similar  scenes  were  being  enacted  in  other 
parts  of  the  field.  As  soon  as  it  was  dusk  those  of 
the  wounded  who  could  move  began  crawling  over 
the  rocks  toward  camp. 

Out  of  sixty-five  enlisted  men,  twenty-two  were 
killed  and  sixteen  wounded,  a  loss  of  over  three  fifths 
of  the  force;  of  the  five  commissioned  officers,  not 
one  escaped,  though  Harris  lived  a  few  days  after 
being  mortally  wounded;  Surgeon  Semig  recovered 
with  the  loss  of  a  leg;  making  the  total  loss  of  twen 
ty-seven  killed  and  seventeen  wounded,  besides  a  citi 
zen  shot  while  going  to  the  relief  of  the  wounded. 
" Where  were  the  Warm  Spring  scouts?"  asked  the 
horrified  critics  of  this  day's  work.  They  were  in  the 
rear  and  to  the  left  of  Thomas,  and  after  the  attack, 
could  not  get  nearer  because  the  soldiers  would  mis 
take  them  for  the  Modocs,  riot  being  in  uniform.84 

According  to  some  witnesses,  help  was  very  tardily 
rendered  after  the  attack  on  Thomas'  command  be 
came  known,85  which  it  soon  was.  Although  the 
stragglers  began  to  come  in  about  half-past  one  o'clock, 
it  was  not  until  night  that  a  rescuing  force  was  ready 
t'j  go  to  Thomas'  relief.  When  they  did  move,  there 
were  three  detachments  of  cavalry  under  captains 
Trimble  and  Cresson,  and  two  others  under  Jackson 
and  Bernard,  with  two  companies  of  artillery  under 
Throckmorton  and  Miller.  In  two  lines  they  moved 
out  over  the  lava-beds,  soon  lost  to  sight  in  the  gloom 
of  night  and  tempest,  a  severe  storm  having  come  on 
at  the  close  of  a  fine  day.  A  large  fire  was  built  on 
a  high  point,  which  gave  but  little  guidance  on  account 

84 Boyle's  Conduct  nf  the  Modoc  War,  MS.,  41-2;  Corr.  S.  F.  Chronicle,  in 
Portland  Oregonian,  May  6,  1873;  8.  F.  Call,  April  30,  1873;  S.  F.  Alta, 
April  30,  1873;  Sac.  Record-Union,  April  30,  1873;  S.  F.  Post,  April  29,  1873; 
S.  F.  Bulletin,  April  29,  1873;  Annual  Report  of  Maj.-Gen.  Jeff.  C.  Davis, 
1873,  p.  5-6;  Or.  Deutsch  Zeitung,  May  3,  1873;  S.  F.  Elevator,  May  3,  1873. 

85  Boyle  says  that  the  firing,  which  began  about  noon,  could  be  distinctly 
heard  at  camp.  Cabaniss  testified  the  same.  The  correspondent  of  the  »9.  F. 
Chroni'-le  said  that  no  firing  was  heard,  but  that  he  could  see  through  his 
glass,  from  the  signal-station,  the  soldiers  running  wildly  about  and  crawling 
over  the  rocks,  evidently  panic-stricken.  Col  Green,  he  says,  went  immedi 
ately  to  their  assistance;  but  this  was  false. 


CONTINUED  DISASTER.  623 

of  the  weather.  When  found,  the  whole  extent  of 
ground  covered  by  the  dead  and  wounded  was  com 
prised  within  a  few  hundred  feet,  showing  how  little 
time  they  had  in  which  to  move. 

Finding  it  impossible  to  bring  in  all  the  dead,  the 
bodies  of  the  soldiers  were  piled  together  and  covered 
with  sage-brush,  which  the  Indians  subsequently  fired. 
The  wounded,  and  the  dead  officers,  were  carried  on 
stretchers,  lashed  upon  the  backs  of  mules,  and  the 
ghastly  procession  returned  through  the  storm  to 
camp,  where  it  arrived  at  half-past  eight  on  the  morn 
ing  of  the  27th. 

The  loss  of  so  many  officers  and  men  deeply  atlected 
the  whole  army.  Soldiers  who  had  been  in  the  ser 
vice  all  their  lives  wept  like  children.86  The  discon 
tent  which  had  prevailed  since  the  command  devolved 
upon  Gillein  became  intensified,  and  officers  and  men 
did  not  hesitate  to  say  that  had  an  experienced  Indian 
fighter,  instead  of  young  officers  just  from  the  east, 
been  sent  upon  this  reconnoissance,  or  had  these  young 
officers  received  the  proper  orders,  the  disaster  need 
not  have  occurred.  The  effect  on  the  public  mind 
was  similar,  which  was  at  first  incredulous,  then 
stunned.  "  Whipped  again !  whipped  again  I"  was  the 
universal  lament.87 

se  'Especially  was  this  the  case  as  regards  Lieut  Harris i  of  the  4th  art 
whose  battery.  K,  perfectly  idolized  him.'  8.F.  £«*/.  .April  30,  18/3        That 
night's  inarch  made  many  a  young  man  old.'  BayU*  Conduct  of  the  Modoc 

^E^an  Thomas  was  a  son  of  Lorenzo  Thomas  formerly  adj  -gen  of  the 
army.  He  was  appointed  2d  lieut  of  the  4th  art.  April  9,  1861,  from  the  dis- 
trictof  Columbia;  was  promoted  to  a  first  lieutenancy  on  the  14th  oi  May 
1861,  and  made  capt.  Aug.  31,  1864,  though  brevetted  capt.  in  Dec  1862 
and  brevetted  maj.  in  July  1863,  honors  won  on  the  field  of  battle  He  left 
a  widow  and  two  children  at  San  Francisco.  After  receiving  his  death 
wound  Thomas  buried  his  gold  watch  and  chain,  ?  .^«  ^^^g^^K 
discovery  by  the  Modocs,  and  be  recovered  by  his  friends.  But  the  watchful 
foe  did  not  permit  this  souvenir  to  reach  them. 

Thomas  F.  Wright  was  a  son  of  Gen.  George  Wright,  formerly  in  command 
of  the  department  of  the  Columbia.  He  was  appointed  to  the  West  Point  mili 
tary  academy  in  1858,  and  served  subsequently  as  1st  lieu t  in  the  2d  Cal. 
ca7alry,  but  resigned  in  1863,  and  was  rcappointcd  with  the  rank  of  nun.  m 
6th  Cal  inf.  Hi  was  transferred  to  the  2d  Cal.  inf.  with  the  rank  of  col 
until  he  was  mustered  out  at  the  close  of  the  war  of  the  rebel  ion  wr  h  the 
rank  of  brevet  brig. -gen.  He  was  appointed  1st  heut  of  the  32d  inf.  in  July 
1866.  In  Jan.  1870  he  was  assigned  to  the  12th  inf.  at  Camp  Gaston,  Cal., 


624  THE  MODOC  WAR. 

On  the  2d  of  May  Colonel  Jefferson  C.  Davis,  who 
had  succeeded  Canby  in  the  command  of  the  depart 
ment  of  the  Columbia,  arrived  at  headquarters,  where 
the  army  had  lain  inactive  and  much  dispirited  since 
the  26th.  Davis  sent  for  Wheaton,  to  whom  he 
soon  restored  the  command  of  the  troops  in  the  field, 
and  Mendenhall's  command  having  arrived,  the  army 
was  to  some  extent  reorganized,  Davis  taking  a  few 
days  to  acquaint  himself  with  the  country. 

During  this  interval  the  Modocs  were  not  idle. 
Their  fires  could  be  seen  nightly  in  the  lava-beds,  and 
on  the  7th  they  captured  a  train  of  wagons  between 
Bernard's  old  camp  and  Scorpion  Point,  wounding  two 
soldiers.  Two  Indian  women,  sent  on  the  same  day 
to  reconnoitre  the  last  position  of  the  Modocs,  re 
ported  none  in  the  lava-beds,  a  statement  verified  by 
McKay.  Hasbrouck's  light  battery,  serving  as  cav 
alry,  and  Jackson's  cavalry  were  immediately  ordered 
to  prepare  for  an  extended  reconnoissance  on  the  9th 
to  make  sure  that  no  Indians  were  secreted  in  any 
part  of  the  lava-field.  On  the  night  of  the  9th  Has- 
brouck  encamped  at  Sorass  Lake,  south-east  of  the 
pedregal  on  the  road  to  Pit  River,  but  the  water  be 
ing  unfit  for  use,  a  detachment  was  sent  back  seven 
teen  miles  to  procure  some.  While  the  detachment, 
which  was  escorted  by  the  Warm  Spring  scouts,  was 
absent,  a  company  of  thirty-three  Modocs,  headed  by 
Jack,  in  the  uniform  of  General  Cariby,  attacked  the 

whence  after  the  battle  of  the  17th  of  Jan.  he  was  ordered  to  the  Modoc 
country.  Albian  Howe  was  appointed  2d  lieut  in  1866,  having  served  as  maj. 
of  volunteers  during  the  war.  He  was  promoted  to  a  1st  lieut  in  Nov.  1869, 
and  brevetted  capt.  in  March  1867.  He  was  the  son  of  Col  H.  S.  Howe, 
formerly  of  the  U.  S.  army,  but  on  the  retired  list.  He  had  but  a  short  time 
before  his  death  married  a  daughter  of  W.  F.  Barry,  colonel  of  the  1st  artil 
lery,  and  commander  of  the  artillery  school  at  Fortress  Monroe.  Arthur 
Cranston  was  a  native  of  Mass. ,  30  years  of  age.  He  graduated  from  West 
Point  in  1867,  and  was  appointed  2d  lieut  in  the  4th  art.  He  had  served  in 
the  7th  reg.  Ohio  vol.  before  entering  the  military  academy,  and  was  pro 
moted  to  a  lieutenancy  in  the  55th  Ohio  reg.  which  served  in  western  V. 
He  left  a  widow  and  one  child  in  Washington.  George  M.  Harris  was  a  na 
tive  of  Pa,  27  years  of  age,  and  a  graduate  of  West  Point  of  the  class  of  1868. 
He  was  appointed  2d  lieut  of  the  10th  infantry  in  1868,  and  assigned  to  the 
4th  artillery  in  1869.  S.  F.  Call,  April  30,  1873. 


A  SLIGHT  VICTORY.  625 

camp,  stampeding  their  horses  and  leaving  the  com 
mand  on  foot. 

While  the  troops  were  getting  under  arms,  the  Mo- 
docs  continued  to  charge  and  fire,  killing  four  soldiers 
and  one  scout,  and  wounding  seven  other  men,  two 
mortally.  Hasbrouck  rallied  his  command  and  charged 
the  Indians  at  the  very  moment  the  detachment  re 
turned,  which  joining  in  the  fight,  the  Modocs  were 
pursued  three  miles  and  driven  into  the  woods,  with 
a  loss  of  twenty-four  pack-animals,  their  ammunition, 
one  warrior  killed,  and  several  disabled,  who  were 
carried  off  on  horses  toward  the  mountains  on  Pit 
River,  McKay's  scouts  following. 

This  was  the  first  important  advantage  gained  since 
the  beginning  of  the  war.  The  amount  of  ammuni 
tion  captured  led  to  the  conviction  that  Jack  was  re 
ceiving  aid  from  some  unknown  source,  a  suspicion 
which  he  afterward  attempted  to  fix  upon  the  Klarn- 
aths,  against  whom  no  evidence  was  ever  shown,  all 
the  proofs  going  to  show  that  the  assistance  came 
from  Yreka.88 

On  news  of  the  attack  on  Hasbrouck  reaching  head 
quarters,  Mason  was  sent  to  reenforce  him  with  a 
hundred  and  seventy  men,  and  take  the  command  of 
an  expedition  whose  purpose  was  to  capture  Jack. 
On  arriving  at  Sorass  Lake,  Mason  received  in 
formation  from  McKay  that  Jack  was  occupying  a 
fortified  position  twenty  miles  south  of  the  original 
stronghold.  He  proceeded  with  three  hundred  men 
to  invest  this  position,  and  keep  a  watch  upon  the  Mo- 
docs  until  the  batteries  should  come  up  to  shell  them 
out  of  it.  But  when  the  attack  was  made  on  the 
13th  Jack  had  again  eluded  his  pursuers.  Has- 
brouck's  command,  which  had  been  again  mounted, 
was  ordered  to  give  chase  toward  the  south,  while 
Mason  remained  in  camp,  and  Perry's  troop  made  a 

88  Boyle  was  of  opinion  that  in  the  fight  of  the  17th  the  Klamath  scouts 
gave  their  ammunition  to  the  Modocs,  but  Applegate,  who  was  in  command, 
strongly  repelled  the  suspicion,  and  there  was  evidence  enough  of  illicit  com 
merce  with  persons  in  or  about  Yreka. 
HIST.  OB.,  VOL.  II.    40 


626  THE  MODOC  WAR. 

dash  along  the  southern  border  of  the  lava-beds  to 
beat  up  Indians  in  ambush.  A  thorough  scouting  of 
the  whole  region  resulted  in  surprising  a  party  of  the 
Cottonwood  Creek  band,  killing  one  warrior  and  two 
armed  women,  who  were  mistaken  for  warriors.  All 
the  rest  of  the  men  escaped,  leaving  five  women  and 
as  many  children,  who  were  taken  prisoners. 

From  these  women  intelligence  was  gained  that 
after  the  defeat  at  Sorass  Lake  two  thirds  of  Jack's 
following  had  deserted  him,  declaring  a  longer  contest 
useless,  and  that  he  had  now  no  ability  to  fight  except 
in  self-defence.  At  the  last  stormy  conference  Jack 
had  reluctantly  consented  to  a  cessation  of  hostilities, 
and  the  advocates  of  peace  had  retired  to  their  beds 
among  the  rocks  satisfied;  but  when  morning  came 
they  found  their  captain  gone,  with  his  adherents  and 
all  the  best  horses  and  arms,  as  they  believed,  toward 
Pit  River  Mountains.  The  intelligence  that  the  Mo- 
docs  were  roaming  at  will  over  the  country  caused  the 
adjutant-general  of  the  militia  of  California  to  order 
to  be  raised  a  company  of  fifty  sharp-shooters,  under 
the  captaincy  of  J.  C.  Burgess  of  Siskiyou  county, 
which  was  directed  to  report  to  Davis. 

On  the  20th  of  May,  Hasbrouck  brought  his  pris 
oners  in  to  headquarters,  at  Fairchild's  farm,  deliv 
ering  them  to  the  general,  who  immediately  despatched 
two  Indian  women,  Artena  and  Dixie,  formerly  em 
ployed  as  messengers  by  the  peace  commissioners,  to 
find  the  remainder  of  the  Cottonwood  band  and  invite 
them  to  come  in  and  surrender  without  conditions. 
Artena  had  no  confidence  that  the  Modocs  would 
surrender,  because  of  their  fear  that  the  soldiers  would 
fall  upon  them  and  slaughter  them  in  revenge  for 
their  atrocities.  But  Davis  succeeded  in  convincing 
her  that  he  could  control  his  men,  and  she  in  turn, 
after  several  visits,  convinced  the  'hesitating  Indians 
so  far  that  they  consented,  especially  as  Davis  had  at 
last  sent  them  word  that  if  they  again  refused  they 


SURRENDER  OF  THE  WARRIORS,  627 

would  be  shot  down  wherever  found  with  a  gun  in 
their  hands. 

About  sunset  on  the   22d  the  cry  was  heard  in 
camp,   "Here  they  come!    Here  they  are!"     Every 
man  started  to  his  feet,  and  every  camp  sound  was 
hushed.     In  front  of  the  procession  rode  Blair,  the 
superintendent  of  Fairchild's  farm,  who  sharply  eyed 
the  strolling  soldiers.     Fifty  yards  behind  him  rode 
Fairchild;  behind  him  the  Modoc  warriors,  followed 
by  the  women   and   children,  all  mounted,  or  rather 
piled,  upon  a  few  gaunt  ponies,  who  fairly  staggered 
under   them.      All    the    men   wore   portions   of  the 
United  States  uniform,  and  all  the  women  a  motley 
assortment  of  garments  gathered  up  about  the  settle 
ments,  or  plundered  from  the  houses  pillaged  in  the 
beginning   of  the  war.     Both  men  and  women  had 
their  faces  daubed  with  pitch,  in  sign  of  mourning, 
giving   them  a  hideous    appearance.     Among   them 
were  the  lame,  halt,  and  blind,  the  scum  of  the  tribe. 
Slowly  and  silently  they  filed  into  camp,  not  a  word 
being  uttered  by  any  one.     Davis   went  forward  a 
little  way  to  meet  them,  when  twelve  warriors  laid 
down  their  Springfield  rifles  at  his  feet,  these  being 
but  about  a  third  of  the  fighting  strength  of  this  band. 
Among  them,  however,  were  Bogus  Charley,  Curly- 
headed  Doctor,  Steamboat   Frank,  and  Shacknasty 
Jim,  four  notorious  villains.     When  asked  where  were 
Boston  Charley  and   Hooker  Jim,  Bogus  answered 
that  Boston  was  dead,  and  Hooker  Jim  was  searching 
for  his  body,  neither  of  which  stories  was  true.     Con 
scious  of  his  deserts,  Hooker  was  skulking  outside  the 
guard,   afraid  to   come  in,   but  perceiving  that  the 
others  were  unharmed,  he  finally  presented  himself  at 
camp  by  running  at  the  top  of  his  speed  past  the  sol 
diers  and  throwing  himself  on  the  floor  of  Davis's  tent. 
The  surrendered  band  numbered  sixty-five  in  all. 

The  captive  Modocs  now  endeavored  by  their  hu 
mility  and  obedience  to  deserve  the  confidence  of  the 
commander,  and  if  possible  to  secure  immunity  from 


628  THE  MODOC  WAR. 

punishment  for  themselves,  and  Davis  thought  best 
to  make  use  of  this  truckling  spirit  in  putting  an  end 
to  the  war.  From  the  information  imparted  by  them 
in  several  interviews,  it  was  believed  that  Jack  was 
on  the  head- waters  of  Pit  River  with  twenty-five  war 
riors  and  plenty  of  horses  and  arms,  and  it  was  deter 
mined  that  a  scouting  expedition  should  take  the  field 
in  that  direction.  On  the  23d  of  May,  Jackson  left 
Fairchild's  with  his  cavalry,  marching  by  the  Lost 
River  ford  to  Scorpion  Point,  where  the  artillery  com 
panies  were  encamped.  On  the  25th  Hasbrouck 
marched  to  the  same  rendezvous,  Perry  following  on 
the  28th,  and  with  him  went  the  expedition  and  dis 
trict  headquarters. 

Three  days  previous  to  the  removal  of  headquar 
ters,  the  commander,  with  five  soldiers,  two  citizens, 
and  four  armed  Modocs,  made  a  reconnoissance  of  the 
lava-beds,  the  Modocs  behaving  with  the  most  perfect 
fidelity,  and  convincing  Davis  that  they  could  be 
trusted  to  be  sent  on  a  scout.  Accordingly,  on  the 
27th,  they  were  furnished  with  rations  for  four  days, 
and  sent  upon  their  errand.  Soon  they  returned, 
having  found  Jack  east  of  Clear  Lake,  on  the  old  im 
migrant  road  to  Goose  Lake,  preparing  to  raid  Apple- 
gate's  farm  on  the  night  of  the  28th. 

Jackson's  and  Hasbrouck's  squadrons,  and  the  Warm 
Springs  scouts  were  at  once  ordered  to  Applegate's 
and  to  take  the  trail  of  the  Modocs  toward  Willow 
Creek  canon,  a  despatch  being  sent  to  notify  the 
troops  en  route  from  Fairchild's  under  Wheaton  to 
hasten  and  join  headquarters  at  Clear  Lake.  Elabo 
rate  preparations  were  made  for  the  capture,  skirmish 
lines  being  formed  on  each  side  of  Willow  Creek,  and 
all  the  prominent  points  in  the  vicinity  held  by  de 
tachments. 

When  all  these  preparations  had  been  completed 
for  investing  the  Modoc  camp,  a  number  of  the  Indians 
appeared,  calling  out  to  the  officers  that  they  did  not 
want  to  fight,  and  would  surrender,  when  orders  were 


IN  PURSUIT  OF  JACK.  629 

given  not  to  fire.  Boston  Charley  then  came  forward 
and  gave  up  his  arms,  stating  that  the  band  were 
hidden  among  the  rocks  and  trees,  but  would  surrender 
if  he  were  allowed  to  bring  them  in.  At  this  moment 
the  accidental  discharge  of  a  carbine  in  the  hands  of 
one  of  the  scouts  caused  the  Indians  on  the  north 
side  of  the  creek  to  disappear;  but  Boston  offered  to 
undertake  gathering  them  in,  if  permitted  to  do  so, 
which  permission  was  given  by  Green.  It  happened, 
however,  that  after  crossing  to  the  other  side  of  the 
canon  for  that  purpose,  Boston  was  captured  by  Has- 
brouck's  troops  coming  up  that  side,  and  sent  to  the 
rear  under  guard,  and  that  Green  did  not  become 
aware  of  this  fact  for  two  hours,  during  which  he 
waited  for  Boston's  return,  and  the  Modoc  warriors 
escaped,  though  some  women  and  children  were 
captured.  It  being  too  late  to  follow  the  trail  of  the 
fugitives,  the  troops  bivouacked  for  the  night. 

On  the  morning  of  the  30th  Hasbrouck's  scouts 
discovered  the  trail  on  the  north  side  of  Willow  Creek, 
leading  toward  Langell  Valley.  Owing  to  the  broken 
surface  of  the  country,  it  was  not  until  late  in  the  day 
that  the  foremost  of  the  troops  under  Jackson,  who 
had  crossed  the  creek  and  joined  in  the  pursuit, 
reached  the  crest  of  the  rocky  bluff  bounding  Langell 
Valley  on  the  east,  and  where  the  Modocs  were 
discovered  to  be.  When  the  skirmishers  had  advanced 
to  within  gun-shot,  Scarface  Charley  came  forward 
with  several  others,  offering  to  surrender,  and  was 
permitted  to  return  to  the  band  whom  he  promised  to 
bring  in.  Jack's  sister  Mary,  being  with  the  troops, 
went  with  Scarface,  as  did  also  Cabaniss,89  to  both  of 
whom  Jack  promised  surrender  in  the  morning.  But 
when  morning  came,  true  to  his  false  nature,  he  had 
again  disappeared  with  a  few  of  his  followers. 

The  news  of  Jack's  escape  being  sent  to  head 
quarters,  Perry  was  ordered,  on  the  morning  of  the 

89  Eureka  West  Coast  Signal,  March  1, 1876;  Corr.  Oregonian,  June  3,.  1873. 


630  THE  MODOC  WAR. 

31st,  to  take  guides  and  join  in  the  pursuit.90  About 
half-past  one  o'clock  on  the  morning  of  June  1st 
Perry  struck  Jack's  trail  five  miles  east  of  Apple- 
gate's,  and  at  half-past  ten  he  was  surrounded.  He 
came  cautiously  out  of  his  hiding-place,  glanced  un 
easily  about  him  for  a  moment,  then  assuming  a 
confident  air,  went  forward  to  meet  Perry  and  the 
officers  present  with  him,  Trimble,  Miller,  and  De 
Witt,  with  whom  he  shook  hands.  He  apologized 
for  being  captured  by  saying  "  his  legs  had  given 
out."91  The  troops  were  all  called  in,  and  the  world 
was  allowed  to  know  and  rejoice  over  the  surrender 
of  this  redoubtable  chieftain  to  a  military  force  of  985 
regulars  and  71  Indian  allies. 

The  number  of  Jack's  warriors  at  the  outset  was 
estimated  to  be  sixty.  By  the  addition  of  the  Hot 
Creek  band  he  acquired  about  twenty  more.  When 
the  Modocs  surrendered  there  were  fifty  fighting  men 
and  boys,  over  fifty  women,  and  more  than  sixty 
children.  The  loss  on  the  side  of  the  army  was  one 
hundred  in  killed  and  wounded;  forty-one  being  killed, 
of  whom  seven  were  commissioned  officers.  Adding 
the  number  of  citizens  killed,  and  the  peace  commis 
sioners,  the  list  of  killed  reached  sixty-three,  besides 
two  Indian  allies,  making  sixty-five  killed,  and  sixty- 
three  wounded,  of  whom  some  died.  Thus  the  actual 
loss  of  the  army  was  at  least  equal  to  the  loss  of  the 
Modocs,  leaving  out  the  wounded;  and  the  number  of 
white  persons  killed  more  than  double.92 

Now  that  Captain  Jack  was  no  more  to  be  feared, 
a  feeling  of  professional  pride  caused  the  army  to 
make  much  of  the  man  who  with  one  small  company 
armed  with  rifles  had  baffled  and  defeated  a  whole 
regiment  of  trained  soldiers  with  all  the  appliances  of 
modern  warfare.  But  there  was  nothing  in  the  ap- 

90  Henry  Applegate,  son,  and  Charles  Putnam,  grandson,  of  Jesse  Apple- 
gate,  were  the  guides  who  led  Perry  to  Jack's  last  retreat. 

91  Annual  Rtpt  of  Jeff.  C.  Davit,  1873. 

82  The  Yreka  Union  of  May  17,  1873,  makes  the  number  of  killed  71,  and 
wounded  67. 


CAPTURE  OF  CAPTAIN  JACK.  631 

pearance  of  Jack  to  indicate  the  military  genius  that 
was  there.  He  was  rather  small,  weighing  about  145 
pounds,  with  small  hands  and  feet,  and  thin  arms. 
His  face  was  round,  and  his  forehead  low  and  square. 
His  expression  was  serious,  almost  morose,  his  eyes 
black,  sharp,  and  watchful,  indicating  cunning,  caution, 
and  a  determined  will.  His  age  was  thirty-six,  and 
he  looked  even  younger.  Clad  in  soiled  cavalry  pan 
taloons  and  dark  calico  shirt,  his  bushy,  unkempt  hair 
cut  square  across  his  forehead,  reclining  negligently 
on  his  elbow  on  the  ground,  with  a  pipe  between  his 
teeth,  from  which  smoke  was  seldom  seen  to  issue,  his 
face  motionless  but  for  the  darting  of  his  watchful 
eyes,  he  looked  almost  like  any  other  savage.93 

As  to  the  manner  in  which  the  war  was  protracted, 
the  cause  is  apparent.  Had  Wheaton  been  permitted 
to  build  his  mortar-boats,  he  would  have  shelled  the 
Modocs  out  of  their  caves  as  easily  as  did  Gillem,  and 
it  being  winter,  they  would  have  had  to  surrender. 
The  peace  commission  intervened,  the  Modocs  were 
permitted  to  go  where  they  would,  and  to  carry  all 
the  plans  of  the  campaign  to  the  stronghold  to  study 
how  to  defeat  them.  The  cutting-off  of  Thomas'  com 
mand  could  only  have  happened  through  a  knowledge 
of  the  intended  reconnoissance.  Davis'  plan  was  to 
occupy  the  lava-beds  as  the  Modocs  had,  which  was 
a  wise  one,  for  as  soon  as  they  were  prevented  from 
returning,  it  was  only  a  matter  of  a  few  days'  scout 
ing  to  run  them  down. 

There  remains  little  to  be  told  of  the  Modoc  story. 
The  remainder  of  the  band  was  soon  captured.  Ow 
ing  to  the  alarm  felt  after  the  massacre  of  the  peace 

93  Many  laudatory  descriptions  of  Jack  appeared  in  print.  See  S.  F.  Call, 
June  7,  1873;  Portland  Oregonian,  June  3,  1873;  Red  Muff  Sentinel,  July  5, 
1873.  Sconchin  was  even  more  striking  in  appearance,  with  a  higher  frontal 
brain,  and  a  sensitive  face,  showing  in  its  changing  expression  that  he  noted 
and  felt  all  that  was  passing  about  him.  Had  he  not  been  deeply  wrinkled, 
though  not  over  45  years  old,  his  countenance  would  have  been  rather  pleas 
ing  Scarface,  Jack's  high  counsellor,  was  an  ill-looking  savage;  and  as  for 
the  others  who  were  tried  for  murder,  they  were  simply  expressionless  and 
absolutely  indifferent. 


632  THE  MODOC  WAR. 

commissioners  and  subsequent  escape  of  the  Indians 
from  the  lava-beds,  a  battalion  of  three  companies  of 
volunteers  was  organized  by  authority  of  Governor 
Grover  to  keep  open  the  road  from  Jacksonville  to 
Linkville,  and  to  carry  to  the  settlers  in  the  Klamath 
basin  some  arms  and  ammunition  issued  a  month  pre 
vious,  in  anticipation  of  the  failure  of  the  peace  com 
mission,  and  which  were  stored  at  Jenny  Creek,  on 
the  road  to  Linkville;  and  Ross  had  his  headquarters 
in  Langell  A7alley. 

Owing  to  the  alarm  of  the  settlers  in  Chewaucan, 
Silver  Lake,  and  Goose  Lake  valleys,  Hizer's  com 
pany  had  marched  out  on  the  Goose  Lake  road,  where 
they  were  met  by  a  company  of  fifty  men  from  that 
region  under  Mulholland,  coming  in  for  arms  and  am 
munition.  These,  after  being  supplied,  turned  back, 
and  Hizer's  company,  reentering  Langell  Valley  just  as 
Green's  squadrons  were  scouting  for  Jack,  joined  in 
the  chase,  and  after  Green  had  returned  to  camp  on 
the  night  of  June  3d,  captured  twelve  Modocs,  among 
whom  were  two  of  the  most  noted  braves  of  the  band. 
Ross  sent  a  telegram  to  Grover,  who  ordered  him  to 
deliver  them  to  the  sheriff  of  Jackson  county,  and  to 
turn  over  the  others  to  General  Wheaton. 

But  news  of  the  capture  being  conveyed  to  head 
quarters  at  Clear  Lake,  an  escort  was  sent  to  over 
take  the  prisoners  at  Linkville  and  bring  them  back, 
Lindsay  of  the  volunteers  surrendering  them  to  the 
United  States  officer  under  protest,  upon  being  as 
sured  that  Davis  intended  hanging  those  convicted  of 
murder.  Such,  indeed,  was  his  design,  having  sent 
to  Linkville  for  witnesses,  among  whom  were  the 
women  of  the  Boddy  family.94  Before  the  time  ar- 

94  Hooker  Jim  and  Steamboat  Frank  admitted  being  of  the  party  who 
killed  and  robbed  this  family,  relating  some  of  the  incidents,  on  hearing  which 
the  two  women  lost  all  control  of  themselves,  and  with  a  passionate  burst  of 
tears  and  rage  commingled,  dashed  at  Hooker  and  Steamboat,  one  with  a 
pistol  and  the  other  with  a  knife.  Davis  interposed  and  secured  the  weapons, 
receiving  a  slight  cut  on  one  of  his  hands.  During  this  exciting  passage  both 
the  Indians  stood  like  statues,  without  uttering  a  word.  S.  F.  Call,  June  9. 
1873. 


RED  TAPE  AND  FOOLISH  MERCY.  633 

rived  which  had  been  set  for  the  execution,  Davis 
received  such  instructions  from  Washington  as  arrested 
the  consummation  of  the  design. 

This  interference  of  the  government,  or,  as  it  was 
understood,  of  the  secretary  of  the  interior,  so  exas 
perated  certain  persons  whose  identity  was  never  dis 
covered,95  that  when  seventeen  Modoc  prisoners  were 
en  route  to  Boyle's  camp  at  Lost  River  ford,  in  charge 
of  Fairchild,  they  were  attacked  and  four  of  them 
killed.  The  despatch  which  arrested  the  preparations 
of  Davis  proposed  to  submit  the  fate  of  the  Modocs 
to  the  decision  of  the  war  office,  Sherman  giving  it  as 
his  opinion  that  some  of  them  should  be  tried  by 
court-martial  and  shot,  others  delivered  over  to  the 
civil  authorities,  and  the  remainder  dispersed  among 
other  tribes.  This  was  a  sort  of  compromise  with  the 
peace-commission  advocates,  who  were  still  afraid  the 
Modocs  would  be  harmed  by  the  settlers  of  the  Pa 
cific  frontier.  So  strong  was  the  spirit  of  accusation 
against  the  people  of  the  west,  and  their  dealings  with 
Indians,  that  it  brought  out  a  letter  from  Sherman, 
in  which  he  said:  "These  people  are  the  same  kind 
that  settled  Ohio,  Indiana,  arid  Iowa;  they  are  as 
good  as  we,  and  were  we  in  their  stead  we  should  act 
just  as  they  do.  I  know  it,  because  I  have  been  one 
of  them." 

The  whole  army  in  the  field  protested  against  delay 
and  red  tape,96  but  the  Modoc  apologists  had  their  way. 

95  Yreka  reports  charged  this  act  upon  the  Oregon  volunteers,  though  they 
were  not  within  8  miles  of  the  massacre.  Two  men  only  were  concerned.  A. 
B.  Meacham  offered  his  aid  to  the  secret  service  department  to  find  the  assas 
sins.  H.  Ex.  Doc.,  122,  327,  43d  cong.  1st  sess. 

96 '  I  have  no  doubt  of  the  propriety  and  the  necessity  of  executing  them 
on  the  spot,  at  once.  I  had  no  doubt  of  my  authority,  as  department  com 
mander  in  the  field,  to  thus  execute  a  band  of  outlaws,  robbers,  and  murderers 
like  these,  under  the  circumstances.  Your  despatch  indicates  a  long  delay  of 
the  cases  of  these  red  devils,  which  I  regret.  Delay  will  destroy  the  moral 
.effect  which  their  prompt  execution  would  have  upon  other  tribes,  as  also  the 
inspiring  effect  upon  the  troops.'  Telegram,  dated  June  5th,  in  //.  Ex. 
Doc.,  122,  p.  87,  43d  cong.  1st  sess.  Davis  referred  here  to  the  desire  of 
the  troops  to  avenge  the  slaughter  of  Cauby  and  Thomas'  command — a  desire 
which  had  animated  them  to  endure  the  three  days'  fight  in  the  lava-beds,  and 
the  eleven  days'  constant  scouting.  Portland  Oregonian,  June  7,  1873. 


634  THE  MODOC  WAR. 

After  wearisome  argument  and  a  decision  by  At 
torney-general  Williams,97  a  military  commission  was 
ordered  for  the  trial  of  "  Cap  tain  Jack  and  such  other 
Indian  captives  as  may  be  properly  brought  before 
it."  Those  who  might  be  properly  tried  were  named 
by  the  war  department  as  the  assassins  of  Canby, 
Thomas,  and  Sherwood,  and  "  no  other  cases  what 
ever,"  notwithstanding  Grover  had  telegraphed  to 
the  department  to  turn  over  to  the  state  of  Oregon  the 
slayers  of  her  citizens,  whom  the  government  refused 
to  try,  or  allow  to  be  tried,  thus  saying  in  effect  that 
the  victims  had  deserved  their  fate.  At  the  same  time 
a  petition  was  addressed  to  Secretary  Delano,  by  E. 
Steele,  William  H.  Morgan,  John  A.  Fairchild,  and 
H.  W.  Atwell,  asking  that  Scarface  Charley,  Hooker 
Jim,  Bogus  Charley,  Steamboat  Frank,  Shacknasty 
Jim,  and  Miller's  Charley  should  be  permitted  to 
remain  in  Siskiyou  county,  where  it  was  proposed  to 
employ  them  on  a  farm  near  Yreka.  Delano  was 
constantly  in  receipt  of  letters  in  behalf  of  the  Modocs. 

On  the  14th  of  June  the  Modocs,  150  in  number, 
were  removed  to  Fort  Klamath,  and  imprisoned  in  a 
stockade,  after  which  a  large  force  of  cavalry,  under 
Green,  and  of  infantry,  under  Mason,  made  a  inarch 
of  600  miles  through  eastern  Oregon  and  Washington 
to  overawe  those  tribes  rendered  restless  and  threat 
ening  by  the  unparalleled  successes  of  the  Modocs. 
On  the  30th  of  June,  in  obedience  to  instructions 
from  Washington,  Davis98  appointed  a  military  com- 

»7//.  Ex.  Doc.,  122,  88-90,  43d  cong.  1st  sess.;  8.  F.  Call,  June  9,  1873; 
N.  Y.  Tribune,  in  Oregonian,  June,  1873;  N.  Y.  Herald,  June  22,  1873. 

98  Davis  died  Nov.  30,  1879.  He  was  born  in  Ind.,  and  appointed  from 
that  state  to  West  Point;  commissioned  2d  lieut  1st  artillery  June  17,  1848; 
1st  lieut  Feb.  29,  1852;  captain  May  14,  1861;  colonel  22d  Ind.  vols  Aug. 
1.3,  1861;  brig. -gen.  vols  Dec.  18,  1861;  brevet  maj.  March  9,  1862,  for  gal 
lant  and  meritorious  services  at  the  battle  of  Pea  Ridge,  Ark. ;  brevet  lieut-col 
May  15,  1864,  for  gallant  and  meritorious  conduct  in  the  battle  of  Resaca,  Ga; 
brevet  col  May  20,  1864,  for  gallant  and  meritorious  services  in  the  capture 
of  Rome,  Ga;  brevet  maj. -gen.  of  vols  Aug.  8,  1864;  brevet  brig.-gen.  March 
13,  1865,  for  gallant  and  meritorious  conduct  in  the  battle  of  Kenesaw  moun 
tain,  Ga;  brevet  maj. -gen.  for  services  in  the  battle  of  Jonesborough,  Ga;  and 
colonel  of  the  23d  infantry  July  28,  1866.  He  came  to  the  Pacific  coast  as  com 
mander  of  the  department  of  Alaska,  and  was  afterwards  assigned  to  the  de 
partment  of  Oregon.  Hamersly's  Army  Reg.  for  One  Hundred  Years,  1779-1879. 


TRIAL  OF  THE  MURDERERS.  635 


mission,  consisting  of  Colonel  Elliott,  captains  Men- 
denhall,    Hasbrouck,    and    Pollock,    and    Lieutenant 
Kingsbury.     Major  Curtis  was  appointed  judge-ad 
vocate.     The  trial  began  on  the  5th  of  July.     The 
witnesses  for  the  prosecution  were  Meacham,  Dyar, 
Eldery,  Anderson,  four  of  the  Modocs  who  had  turned 
state's  'evidence,   and   the   interpreters.     Jack    made 
use  of  his  witnesses  only  to  try  to  fix  the  blame  of 
collusion  upon  the  Klamaths.      Three  of  his  witnesses 
alleged   that  the   Klamaths  assisted  them,  and  that 
Allen  David  had  sent  them  messages  advising  them 
to  hostilities;  but  this,  whether  true  or  false,  did  not 
affect  their  case.     When  he  came  to  address  the  com 
mission,  he  said   that   he   had   never  done  anything 
wrong  before  killing  General   Cariby.     Nobody  had 
ever  said  anything  against  him  except  the  Klamaths. 
He  had   always  taken   the  advice   of  good  men   in 
Yreka,     He  had  never  opposed  the  settlement  of  the 
country  by  white  people;  on  the  contrary,  he  liked 
to  have  them  there.     Jackson,  he  said,  came  to  Lost 
Eiver  and  began  firing  when  he  only  expected  a  talk; 
a'nd  that  even  then  he  ran  off  without  fighting.     He 
went  to  the  lava-beds,  not  intending  to  fight,  and  did 
not  know  that  the  settlers  were  killed  until  Hooker 
Jim  told  him.     He  denied  that  Canby's  murder  was 
concerted  in  his  tent,  accusing  those  whom  General 
Davis  had  employed  as  scouts.     If  he  could,  he  would 
have  denied  killing  Canby,  as  in  his  last  speech  he  did, 
saying  it  was  Shacknasty  Jim  who  killed  him. 

"Only  six  of  the  Modocs  were  tried,  and  four  were 
hanged,  namely,  Jack,  Sconchin,  Black  Jim,  and  Bos 
ton  Charley.  'Jack  asked  for  more  time,  and  said 
that  Scarface,  who  was  a  relative,  and  a  worse  man 
than  he,  ought  to  die  in  his  stead.  Sconchin  made 
some  requests  concerning  the  care  of  his  children 
and  said,  although  he  did  not  wish  to  die,  he  would 
suppose  the  judge  had  decided  rightly.  Black  Jim 
sarcastically  'remarked  that  he  did  not  boast  of  his 
good  heart,  but  of  his  valor  in  war.  He  did  not  try 


636  THE  MODOC  WAR. 

to  drag  others  in,  as  Jack  had  done,  he  said,  and  spoke 
but  little  in  his  own  defence.  If  it  was  decided  that 
he  was  to  die,  he  could  die  like  a  man.  Boston 
Charley  was  coolly  indifferent,  and  affected  to  despise 
the  others  for  showing  any  feeling.  "I  am  no  half 
woman,"  he  proclaimed.  "I  killed  General  Canby, 
assisted  by  Steamboat  Frank  and  Bogus  Charley." 

On  the  3d  of  October  the  tragedy  culminated,  and 
the  four  dusky  souls  were  sent  to  their  happy  hunting- 
ground,  nevermore  to  be  molested  by  white  men." 
By  an  order  from  the  war  department,  the  remainder 
of  the  band  were  removed  to  Fort  D.  A.  Russell  in 
Wyoming,  and  subsequently  to  Fort  McPherson  in 
Nebraska,  and  lastly  to  the  Quapaw  agency  in  the 
Indian  Territory;  but  the  lava-beds,  which  can  never 
be  removed  or  changed,  will  ever  be  inseparably  con 
nected  in  men's  minds  with  Captain  Jack  and  the 
Modocs  in  their  brave  and  stubborn  fight  for  their 
native  land  and  liberty — a  war  in  some  respects  the 
most  remarkable  that  ever  occurred  in  the  history  of 
aboriginal  extermination. 

99  H.  Ex.  Doc.,  122,  290-328,  43d  cong.  1st  sess.;  S.  F.  Call.  Oct.  4, 1873j 
Red  Bluff  Sentinel,  Oct.  11,  1873;  S.  F.  Bulletin,  Oct.  4,  13,  20,  1873. 


CHAPTER  XXIII. 

POLITICAL.  INDUSTRIAL,  AND  INSTITUTIONAL. 

1862-1887. 

REPUBLICAN  LOYALTY— LEGISLATURE  or  1862 — LEGAL-TENDER  AND  SPECIFIC 
CONTRACT— PUBLIC  BUILDINGS— SURVEYS  AND  BOUNDARIES— MILITARY 
ROAD— SWAMP  AND  AGRICULTURAL  LANDS— CIVIL  CODE— THE  NEGRO 
QUESTION— LATER  LEGISLATION— GOVERNORS  GIBBS,  WOODS,  GROVER, 
CHAD  WICK,  THAYER,  AND  MOODY— MEMBERS  or  CONGRESS. 

ON  the  9th  of  April,  1862,  the  republicans  of  Oregon 

met  in  convention,  and  adopting  union  principles  as 
the  test  of  fitness  for  office,  nominated  John  R 
McBride  for  representative  to  congress;  Addison  C. 
Gibbs  for  governor;  Samuel  E.  May  for  secretary  of 
state;  E.  N.  Cooke,  treasurer;  Harvey  Gordon,  state 
printer;1  E.  D.  Shattuck,2  S.  C.  judge  from  4th  judicial 

1  Harvey  Gordon  was  a  native  of  Ohio,  and  a  surveyor.  He  first  engaged 
in  politics  in  18(30,  when  he  associated  himself  with  the  Statesman,  to  which 
be  gave,  though  a  democrat,  a  decidedly  loyal  tone.  He  died  of  consumption, 
at  Yoncalla,  a  few  months  after  his  election,  much  regretted.  Sac.  Union, 
July  1SG3. 

a  I  have  mentioned  Shattuck  in  connection  with  the  Pacific  University. 
He  was  born  in  Bakersiield,  Dec.  31,  1824,  and  received  a  classical  education 
at.  Burlington.  After  graduating  in  1848,  he  taught  in  various  seminaries 
until  1851,  when  he  began  to  read  law,  and  was  admitted  to  the  bar  in  New 
York  city  in  Nov.  1852.  Thence  he  proceeded  to  Oregon  in  Feb.  1853,  teach 
ing  2  years  in  the  Pacific  University.  In  185G  he  was  elected  probate  judge 
in  Washington  co.,  in  1857  was  a  member  of  the  constitutional  convention,  and 
soon  after  formed  a  law  partnership  with  David  Logan;  was  a  member  of  the 
legislature  in  1858,  and  held  numerous  positions  of  honor  and  trust  from  time 
to°time.  He  was  elected  judge  in  1862,  and  held  the  office  five  years;  was 
ajain  elected  judge  in  1874,  and  held  until  1878.  He  received  a  flattering 
vote  for  supreme  judge  and  U.  S.  senator.  In  every  position  Shattuck  has 
been  a  modest,  earnest,  and  pure  man.  His  home  waj  in  Portland.  Repre 
sentative  Men  of  Or.,  158. 

W.  Carey  Johnson  was  born  in  Ross  co.,  Ohio,  Oct.  27,  1833,  and  came  to 
Oregon  with  his  father,  Hezekiah,  in  1845.  After  learning  printing  he  studied 
law  and  was  admitted  to  practice  in  1855.  He  was  elected  prosecuting  attor- 

(637) 


638          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

district;  W.  Carey  Johnson,  prosecuting  attorney  of 
the  same;  Joseph  G.  Wilson,  prosecuting  attorney  for 
the  3d  judicial  district,  Andrew  J.  Thayer  for  the  2d, 
and  J.  F.  Gazley  for  the  4th. 

The  nominees  of  the  anti-administration  party  were 
A.  E.  Wait,  who  resigned  his  place  upon  the  bench 
to  run  for  congressman ;  John  F.  Miller  for  governor; 
George  T.  Vining  for  secretary  of  state;  J.  B.  Greer, 
state  treasurer;  A.  Noltner,  state  printer;  W.  W. 
Page,  judge  from  the  4th  judicial  district;  prosecut 
ing  attorney  of  that  district,  W.  L.  McEwan. 

The  majority  for  all  the  principal  union  candidates 
was  over  3,000,  with  a  corresponding  majority  for  the 
lesser  ones.3  Gibbs  was  installed  September  10th  at 
the  methodist  church  in  Salem,  in  the  presence  of  the 
legislative  assembly.4  By  act  of  June  2,  1859,  the 
official  term  of  the  governor  began  on  the  second 
Monday  of  September  1863,  and  every  four  years 
thereafter.  This,  being  the  day  fixed  for  the  meeting 
of  the  legislature,  did  not  allow  time  for  the  graceful 

ney  of  Oregon  City  in  1858,  city  recorder  in  1858,  and  prosecuting  attorney  for 
the  4th  district  in  18G2.  In  1865-G  he  held  the  position  of  special  attorney 
Tinder  Caleb  Gushing  to  investigate  and  settle  the  Hudson's  Bay  Co.'s  claims. 
In  I860  he  was  elected  state  senator,  and  in  1882  ran  for  U.  S.  senator.  He 
resided  in  Oregon  City,  where  he  practised  law.  His  wife  was  Josephine, 
daughter  of  J.  F.  Devore. 

3  Gibbs'  Notes  on  Or.  Hist.,  MS.,  19;  Tribune  Almanac,  1863,  57;  Or.  Ar 
gus,  June  14,  1862;  Or.  Statesman,  June  23,  1863. 

*  House:  Jackson,  Lindsey  Applegate,  S.  D.  Van  Dyke;  Josephine,  J.  D. 
Fay;  Douglas,  R.  Mallory,  James  Watson;  Umpqua,  W.  H.  Wilson;  Coos 
and  Curry,  Archibald  Stevenson;  Lane,  V.  S.  McClure,  A.  A.  Hemenway,  M. 
Wilkins;  Benton,  A.  M.  Witham,  C.  P.  Blair;  Linn,  H.  M.  Brown,  John 
Smith,  Wm  M.  McCoy,  A.  A.  McCally;  Marion,  I.  R.  Moores,  Joseph  Engle, 
C.  A.  Reed,  John  Minto;  Polk,  B.  Simpson,  G.  WT.  Richardson;  Yamhill, 
Joel  Palmer,  John  Cummins;  Washington,  Ralph  Wilcox;  Washington  and 
Columbia,  E.  W.  Conyers;  Clackamas,  F.  A.  Collard,  M.  Ramsby,  T.  K earns; 
Multnomah,  A.  J.  Dufur,  P.  Wasserman;  Clatsop  and  Tillamook,  P.  W.  Gil 
lette;  Wasco,  O.  Humason;  speaker,  Joel  Palmer;  clerks,  S.  T.  Church, 
Henry  Cummins,  Paul  Cran dell;  sergeant-at-arms,  H.  B.  Parker;  door-keeper, 
Joseph  Myers. 

Senate:  Jackson,  J.  Wagner;  Josephine,  D.  S.  Holton;  Douglas,  S.  Fitz- 
hugh;  Umpqua,  Coos,  and  Curry,  J.  W.  Drew;  Lane,  James  Munroe,  C.  E. 
Chrisman;  Benton,  A.  G.  Hovey;  Linn,  B.  Curl,  D.  W.  Ballard;  Marion, 
John  W.  Grim,  William  Greenwood;  Polk,  William  Taylor;  Yamhill,  John 
R.  McBride;  Clackamas  and  Wasco,  J.  K.  Kelly;  Multnomah,  J.  H.  Mitchell; 
Washington,  Columbia,  Clatsop,  and  Tillamook,  W.  Bowlby;  president,  W. 
Bowlby;  clerks,  S.  A.  Clarke,  W.  B.  Daniels,  Wiley  Chapman;  sergeant-at- 
arms,  R.  A.  Barker;  door-keeper,  D.  M.  Fields. 


OFFICIALS  OF  1863.  639 


retirement  of  one  executive  before  the  other  came 
into  office.    Whiteaker  took  notice  of  this  fault  in  legis 
lation,  by  reminding  the  representatives,  in  his  bien 
nial  message,  that  should  it  ever  happen  that  there 
should  not  be  present  a  quorum,  or  from  any  cause 
the  organization  of  both  branches  of  the  legislature 
should  fail  to  be  perfected  on  the  day  fixed  by  law, 
the  legislature  could  not  count  the  vote  for  governor 
and  declare  the  election,  and  that  consequently  the 
new  governor  could  not  be   inaugurated.     This,  he 
said,  would  open  the  question  as  to  whether  the  gov 
ernor  elect  could  qualify  at  some  future  day.     This 
palpable  hint  was  disregarded.     The  second  Monday 
in   September  fell  on  the  8th,  the  organization  was 
not   completed   until  the   9th,  and  the  inauguration 
followed  on  the  10th,  no  one  raising  a  doubt   of  the 
legality  of  the  proceedings.    On  the  llth,  nominations 
were  made  in  joint  convention  to  elect  a  successor  to 
Stark,  whose  senatorial  term  would  soon  expire,  and 
Benjamin  F.  Harding  of  Marion  county  was  chosen.5 

5  The  nominations  made  were  B.  F.  Harding,  George  H  Williams  EL. 
Applegate,  0.  Jacobs,  Thos  H.  Pearne,  R.  F.  Maury,  J.  H  Wilbur,  A.  Hoi- 
brook,  H.  L.  Preston,  W.  T.  Mattock,  H.  W.  Corbett,  and  John  Whiteaker. 
Says  Deady:  'Benjamin  F.  Harding,  or,  as  we  commonly  call  him,  Ben.  Hard- 
in^  is  about  40  years  of  age,  and  a  lawyer  by  profession.  He  was  born  in 
eastern  Pennsylvania,  where  he  grew  up  to  man's  estate,  when  he  drifted  out 
west  and  after  a  brief  sojourn  in  those  parts,  came  to  Oregon  in  the  summer 
of  1850,  and  settled  near  Salem,  where  he  has  ever  since  resided  He  was 
secretary  of  the  territory  some  years,  and  has  been  a  member  of  both  state 
and  territorial  legislatures.  He  was  in  the  assembly  that  elected  Nesmith 
and  Baker,  and  was  principal  operator  in  the  manipulations  that  produced 
that  result.  He  is  descended  from  good  old  federal  ancestors,  and  of  course 
is  down  on  this  rebellion  and  the  next  one  on  general  principles.  Following 
the  example  of  his  household,  he  grew  up  a  whig,  but  entering  the  political 
Held  first  in  Oregon,  where  at  that  time  democracy  was  much  in  vogue  he 
took  that  side,  and  stuck  to  it  moderately  until  the  general  dissolution  in  I860. 
He  left  the  state  just  before  the  presidential  election,  and  did  not  vote.  11 
he  had  although  rated  as  a  Douglas  democrat,  the  probability  is  he  would 
have  voted  for  Lincoln.  He  is  devoid  of  all  ostentation  or  special  accom 
plishment,  but  has  a  big  head,  full  of  hard  common  sense  and  much  of  the 
rare  gift  of  keeping  cool  and  holding  his  tongue.  He  is  of  excellent  habits, 
is  thrifty,  industrious,  and  never  forgets  No.  1.  In  allusion  to  his  reputed 
power  of  underground  scheming  and  management  among  his  cronies  he  has 
long  been  known  as  " Subterranean  Ben." '  Thomas  H.  Pearne,  one  of  the  as 
pirants  for  the  senatorial  position,  preacher,  and  editor  of  the  Pacific  Chris 
tian  Advocate,  had,  as  could  be  expected,  a  large  following  of  the  methodist 
church,  which  was  a  power,  and  the  friendship  of  Governor  Gibbs,  who  was 
himself  a  methodist.  But  he  had  no  peculiar  fitness  for  the  place,  and  re 
ceived  much  ridicule  from  friends  of  Harding. 


640          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

Strong  union  sentiments  prevailing,  disloyalty  to 
the  federal  government  in  any  form  was  out  of  fash 
ion.  None  but  the  loyal  could  draw  money  from  the 
state  treasury.  But  the  most  stringent  test  was  the 
passage  of  an  act  compelling  the  acceptance  of  United 
States  notes  in  payment  of  debts  and  taxes,  as  well  as 
an  act  providing  for  the  payment  of  the  direct  tax 
levied  by  act  of  congress  in  August  186 1,6  amounting 
to  over  $35,000,  seven  eighths  of  the  annual  revenue 
of  the  state.7 

The  legal -tender  question  was  one  that  occasioned 
much  discussion,  some  important  suits  at  law,  and  con 
siderable  disturbance  of  the  business  of  the  Pacific 
coast.  The  first  impulse  of  a  loyal  man  was  to  declare 
his  willingness  to  take  the  notes  of  the  government  at 
par,  and  in  Oregon  many  so  declared  themselves.  The 
citizens  of  The  Dalles  held  a  meeting  and  pledged 
themselves  to  trade  only  with  persons  ''patriotic 
enough  to  take  the  faith  of  the  government  at  par." 
The  treasurer  of  Marion  county  refused  to  receive 
legal-tenders  at  all  for  taxes ;  while  Linn  received  them 
for  county  but  rejected  them  for  state  tax;  Clackamas 
received  them  for  both  state  and  county  tax;  and  Co 
lumbia  at  first  received  and  then  rejected  them.8  The 
state  treasurer  refused  to  receipt  for  legal-tenders, 
which  subjected  the  counties  to  a  forfeiture  of  twenty 
per  cent  if  the  coin  was  not  paid  within  a  certain  time. 
In  1863,  when  greenbacks  wrere  worth  forty  cents  on 
a  dollar,  Jackson,  Josephine,  Douglas,  Lane,  Benton, 

6  The  internal  revenue  law  took  effect  in  August  18G2.     Lawrence  W.  Coe 
of  The  Dalles  was  appointed  collector,  and  Thomas  Frazier  assessor.     W.  S. 
Matlock  was  appointed  U.  S.  depositary  for  Oregon  to  procure  U.  S.  revenue 
stamps.   Or.  Statesman,  Aug.  11  and  Nov.  3,  1862. 

7  According  to  the  message  of  Gov.  Whiteaker,  there  were  $40,314.06  in 
the  treasury  on  the  7th  of  Sept.,  1862.     To  draw  the  entire  amount  due  the 
U.  S.  on  the  levy  would  leave  a  sum  insufficient  to  carry  on  the  state  govt, 
therefore  $10,000  was  ordered  to  be  paid  at  any  time  when  called  for,  and  the 
remaining  $25,000  any  time  after  the  1st  of  March,  1863;  and  the  treasurer 
should  pay  the  whole  amount  appropriated  in  coin.  Or.  Statesman,  Oct.  27, 
1862. 

8 S.  F.  Bulletin,  Dec.  18,  1862;  S.  F.  Alta,  Nov.  18,  1862;  Or.  Argus,Dec. 
6,  1862;  Or.  Statesman,  Dec.  22,  1862;  Or.  Gen.  Laws,  92. 


THE  GREENBACK  QUESTION.  641 

and  Clatsop  tendered  their  state  tax  in  this  currency, 
which  the  state  treasurer  refused  to  receive.  These 
counties  did  not  pay  their  taxes. 

It  was  contended  by  some  that  the  constitution  of 
Oregon  prohibited  the  circulation  of  paper  money. 
It  did,  in  fact,  declare  that  the  legislative  assembly 
should  not  have  power  to  establish  or  incorporate  any 
bank ;  and  forbade  any  bank  or  company  to  exist  in 
the  state  with  the  privilege  of  making,  issuing,  or 
putting  into  circulation  any  notes  or  papers  to  circu 
late  as  money.  Such  a  conflict  of  opinions  could  not 
but  disturb  business.9 

In  an  action  between  Lane  county  and  the  state  of 

'Place  avarice  and  patriotism  in  opposition  among  the  masses,  and  the 
latter  is  sure  in  time  to  give  way.  Throughout  all,  California  held  steadily, 
and  loyally  withal,  to  a  metallic  currency.  Business  was  done  upon  honor; 
but  there  were  those  both  in  California  and  Oregon  who,  if  patriotic  on  no 
other  occasions,  took  advantage  of  the  law  to  pay  debts  contracted  at  gold 
prices  with  greenbacks  purchased  for  40  or  90  cents  on  a  dollar  with  coin. 
After  much  discussing  and  experimenting,  Oregon  finally  followed  the  exam 
ple  of  California.  In  California  and  Oregon  no  public  banks  had  ever  existed, 
all  being  owned  by  private  individuals,  being  simply  banks  of  deposit, 
where  the  proprietors  loaned  their  own  capital,  and,  to  a  certain  extent,  that 
of  their  depositors.  They  issued  no  bills,  and  banked  alone  upon  gold  or  its 
equivalent.  They  therefore  refused  to  receive  greenbacks  on  general  de 
posit;  and  these  notes  were  thrown  upon  the  market  to  be  bought  and  sold 
at  their  value  estimated  in  gold,  exactly  reversing  the  money  operations  of 
the  east.  In  New  York  gold  was  purchased  at  a  premium  with  greenbacks; 
in  California  and  Oregon  greenbacks  were  purchased  at  a  discount  with  gold; 
in  New  York  paper  money  was  bankable,  and  gold  was  not  offered,  being 
withdrawn  from  circulation;  in  San  Francisco  and  Portland  gold  only  was 
bankable,  and  paper  money  was  offered  in  trade  at  current  rates,  and  not  de 
sired  except  by  those  who  had  bills  to  pay  in  New  York.  In  Jan.  18G3  the 
bankers  and  business  men  of  Portland  met  and  agreed  to  receive  legal-ten 
ders  at  the  rates  current  in  San  Francisco,  as  published  from  time  to  time  in 
the  daily  papers  of  Portland  by  Ladd  and  Tilton,  bankers.  The  merchants 
of  Salem  soon  followed;  then  those  of  The  Dalles.  Finally  the  merchants 
published  a  black-list  containing  the  names  of  those  who  paid  debts  in  legal 
tenders,  to  be  circulated  among  business  men  for  their  information.  Or. 
Statesman,  Jan.  5,  1863;  Portland  Oregonian,  Aug.  30,  1864;  and  bills  of 
goods  were  headed  'Payable  in  U.  S.  gold  coin.'  These  methods  protected 
merchants  in  general,  but  did  not  keep  the  subject  out  of  the  courts.  Able 
arguments  were  advanced  by  leading  lawyers  to  prove  that  the  treasury  notes 
were  not  money,  as  the  constitution  gave  no  authority  for  the  issuance  of  any 
but  gold  and  silver  coin.  To  these  arguments  were  opposed  others,  equally 
able,  that  the  government  had  express  power  to  coin  money,  and  that  money 
might  be  of  any  material  which  might  be  deemed  most  fit,  as  the  word 
'  money  '  did  not  necessarily  mean  gold,  silver,  or  any  metal.  James  Lick  vs 
William  Faulkner  and  others,  in  Or.  Statesman,  Dec.  29,  1862.  The  supreme 
court  of  California  held  that  legal-tenders  were  lawful  money,  but  that  it  did 
not  follow  that  every  kind  of  lawful  money  could  be  tendered  in  the  payment 
of  every  obligation.  Portland  Oregonian,  Aug.  30,  1864. 
HIST.  OB.,  VOL.  II.  41 


642          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

Oregon,  the  court,  Judge  Boise  presiding,  held  that 
the  act  of  congress  authorizing  the  issue  of  treasury 
notes  did  not  make  them  a  legal  tender  for  state  taxes, 
and  did  not  affect  the  law  of  the  state  requiring  state 
taxes  to  be  paid  in  coin.  In  another  action  between 
private  parties,  the  question  being  on  the  power  of 
congress  to  make  paper  a  legal  tender,  the  court  ruled 
in  favor  of  congress.  On  the  other  hand,  it  was  de- 

O  ' 

cided  by  Judge  Stratton  that  the  law  of  congress  of 
February  25,  1862,  was  unconstitutional.  This  law 
made  treasury  notes  a  legal  tender  for  all  debts,  dues, 
and  demands,  which  included  the  salaries  of  judges, 
which  were  paid  from  the  state  treasury.  Hence,  it 
was  said,  came  the  decision  of  a  supreme  judge  of  Ore 
gon  against  the  power  of  congress. 

Turn  and  twist  the  subject  as  they  would,  the  cur 
rency  question  never  could  be  made  to  adjust  itself 
to  the  convenience  and  profit  of  all;  because  it  was  a 
war  measure,  and  to  many  meant  present  self-sacri 
fice  and  loss.  For  instance,  when  greenbacks  were 
worth  no  more  than  thirty  or  forty  cents  on  the 
dollar  in  the  dark  days  of  the  spring  of  1863,  federal 
officers  in  California  and  Oregon  were  compelled  to 
accept  them  at  par  from  the  government,  and  to  pay 
for  everything  bought  on  the  Pacific  coast  at  gold 
prices,  greatly  advanced  by  the  eastern  inflation.  The 
merchants,  however,  profited  largely  by  the  exchange 
and  the  advanced  prices;  selling  for  gold  and  buy 
ing  with  greenbacks,  having  to  some  extent  and  for  a 
time  the  benefit  of  the  difference  between  gold  and  legal 
tenders.  To  prevent  those  who  contended  for  the  con 
stitutionality  of  the  act  of  congress  from  contesting 
cases  in  court,  California  passed  a  specific  contract 
law  providing  for  the  payment  of  debts  in  the  kind 
of  money  or  property  specified  in  the  contract,  thus 
practically  repudiating  paper  currency.  But  it  quieted 
the  consciences  of  really  loyal  people,  who  were  un 
willing  to  seem  to  be  arrayed  against  the  govern- 


CURRENCY  AND  CAPITAL.  643 


inent,  and  yet   were  opposed  to  the  introduction  of 
paper  currency  of  a  fluctuating  value.10 

The  Oregon  legislature  of  1864  followed  the  exam 
ple  of  California,  and  passed  a  specific-contract  law. 
No  money  should  be  received  in  satisfaction  of  a 
judgment  other  than  the  kind  specified  in  such  judg 
ment;  and  gold  and  silver  coins  of  the  United  States, 
to  the  respective  amounts  for  which  they  were  legal 
tenders,  should  be  received  at  their  nominal  values  in 
payment  of  every  judgment,  decree,  or  execution.  A 
law  was  enacted  at  a  special  session  of  the  legislature 
in  1865,  called  to  consider  the  thirteenth  amendment 
to  the  constitution  of  the  United  States,  making  all 
state,  county,  school,  and  military  taxes  payable  in 
the  current  gold  and  silver  coin  of  the  government, 
except  where  county  orders  were  offered  for  county 
taxes.  This  law  removed  every  impediment  to  the 
exclusive  use  of  coin  which  could  be  removed  under 
the  laws  of  congress,  and  was  in  accordance  with  the 
popular  will,  which  adhered  to  a  metallic  currency. 

By  the  constitution  of  Oregon,  requiring  that  at 
the  first  regular  session  of  the  legislature  after  its 
adoption  a  law  should  be  enacted  submitting  the 
question  of  the  location  of  the  seat  of  government  to 
the  vote  of  the  people,  the  assembly  of  1860  had 
passed  an  act  calling  for  this  vote  at  the  election  of 
1862.11  The  constitution  declared  that  there  must 
be  a  majority  of  all  the  votes  cast,  and  owing  to  the 
fact  that  almost  every  town  in  the  state  received 
some  votes,  there  was  no  majority  at  this  election; 
but  at  the  election  of  1864  Salem  received  seventy- 
nine  over  all  the  votes  cast  upon  the  location  of  the 
capital,  and  was  officially  declared  the  seat  of  govern 
ment.  As  the  constitution  declared  that  no  tax 
should  be  levied,  or  money  of  the  state  expended,  or 

10  See  opinion  of  the  supreme  court  of  Cal.  on  the  specific-contract  act,  in 
Portland  Ore.gonian,  Aug.  20  and  Sept.  2,  1864;  Or.  Statesman,  July  22,  1864; 
S.  F.  Alta,  Jan.  29,  1868. 

11  Or.  Gen.  Laws,  94;  Or.  Laws,  1860,  68-9. 


644  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

debt  contracted,  for  the  erection  of  a  state-house  prior 
to  the  year  1865,  this  decision  of  the  long-vexed 
question  of  the  location  of  the  capital  was  timely. 
Ten  entire  sections  of  land  had  been  granted  to  the 
state  on  its  admission  to  the  union,  the  proceeds  of 
which  were  to  be  devoted  to  the  completion  of  the 
public  buildings,  or  the  erection  of  others  at  the  seat 
of  government ;  said  lands  to  be  selected  by  the  gov 
ernor,  and  the  proceeds  expended  under  the  direction 
of  the  legislature.  Owing  to  the  obstacles  in  the 
way  of  locating  the  public  lands,  the  public-buildings 
fund,  intended  to  be  derived  therefrom,  had  not  yet 
begun  to  accumulate  in  1864,  nor  was  it  until  1872 
that  the  legislature  appropriated  the  sum  of  $100,000 
for  the  erection  of  a  capitol.  It  will  be  remembered 
that  the  penitentiary  building  at  Portland  had  from 
the  first  been  unnecessarily  expensive,  and  ill-adapted 
to  its  purpose,  and  that  the  state  had  leased  the 
institution  for  five  years  from  the  4th  of  June,  1859, 
to  Kobert  Newell  and  L.  N.  English.12 

Governor  Gibbs,  in  a  special  message  to  the  legis 
lature  of  1862,  proposed  a  radical  change  in  the  man 
agement  of  the  penitentiary.13  He  suggested  that 

12Leven  N.  English,  born  near  Baltimore,  in  March  1792,  removed  when 
a  child  to  Ky.  He  was  a  volunteer  in  the  war  of  1812,  taking  part  in 
several  battles.  On  the  restoration  of  peace  he  removed  to  111.,  then  a  wilder 
ness,  where  the  Black  Hawk  war  again  called  upon  him  to  volunteer,  this 
time  as  capt.  of  a  company.  In  1836  he  went  to  Iowa,  where  he  erected  a 
flouring  mill;  and  in  1845  he  came  to  Oregon,  settling  near  Salem.  English's 
Mills  of  that  place  were  erected  in  1846.  On  the  breaking-out  of  the  Cay  use 
war,  English  and  two  of  his  sons  volunteered.  He  had  12  children  by  his 
first  wife,  who  died  in  1851.  By  a  second  wife  he  had  7.  He  died  March  5, 
1875.  San  Jott  Pioneer,  Sept.  2,  1877;  Trans.  Or.  Pioneer  Asso.,  1875-6. 

13  As  it  was  the  practice  of  the  lessees  of  the  penitentiary  to  work  the  convicts 
outside  of  the  enclosure,  the  most  desperate  and  deserving  of  punishment  often 
found  means  of  escape.  Twenty-five  prisoners  had  escaped,  twelve  had  been 
pardoned  in  the  last  two  years  of  Whiteaker's  administration,  and  five  had 
finished  the  terms  for  which  they  were  sentenced,  leaving  twenty-five  still  in 
confinement.  The  crimes  of  which  men  had  been  convicted  and  incarcerated 
in  the  penitentiary  since  1853  were,  arson  1,  assault  with  intent  to  kill  15, 
assault  with  intent  to  commit  rape  1,  rape  1,  assisting  prisoners  to  escape  3, 
burglary  8,  forgery  3,  larceny  58,  murder  1,  murder  in  the  second  degree  12, 
manslaughter  6,  perjury  1,  receiving  stolen  goods  1,  riot  1,  robbery  3,  threat 
to  extort  money  1,  not  certified  7 — 123,  making  an  average  of  13§  commitments 
annually  during  a  period  of  9  years.  For  the  period  from  Sept.  1862  to  Sept. 
1864  there  was  a  marked  increase  of  crime,  consequent  upon  the  immigration 
from  the  southern  states  of  many  of  the  criminal  classes,  who  thus  avoided  the 


PENITENTIARY.  645 

the  working  of  convicts  away  from  the  prison  grounds 
should  be  prohibited,  and  a  system  of  manufactures 
introduced,  beginning  with  the  making  of  brick  for 
the  public  buildings;  and  advised  the  selection  of 
several  acres  of  ground  at  the  capital,  and  the 
erection  of  temporary  buildings  for  the  accommodation 
of  the  convicts.  The  legislature  passed  an  act  making 
the  governor  superintendent  of  the  penitentiary,  with 
authority  to  manage  the  institution  according  to  his 
best  judgment.  Under  the  new  system  the  expenses 
of  the  state  prison  for  two  years,  from  November  1, 
1862,  to  September  1,  1864,  amounted  to  $25,000, 
about  $16,000  of  which  was  earned  by  the  convicts.14 
As  soon  as  the  seat  of  government  was  fixed,  the  legis 
lature  created  a  board  of  commissioners  for  the  loca 
tion  of  lands  for  the  penitentiary  and  insane  asylum,  of 
which  board  the  governor  was  chairman ;  and  who  pro 
ceeded  to  select  147  acres  near  the  eastern  limits  of  the 
town,  having  a  good  water-power,  and  being  in  all  re 
spects  highly  eligible.15  At  this  place  were  constructed 
temporary  buildings,  as  suggested  by  Governor  Gibbs, 
and  during  his  administration  the  prisoners  were  re 
moved  from  Portland  to  Salem.  Under  his  successor 
still  further  improvements  were  made  in  the  condition 
and  for  the  security  of  the  prisoners,  but  it  was  not  until 
1871  that  the  erection  of  the  present  fine  structure  was 
begun.  It  was  finished  in  1872,  at  a  cost  of  $160,000.J6 

draft.  In  these  2  years  33  convicts  were  sent  to  the  penitentiary,  12  for  lar 
ceny,  5  intent  to  kill,  4  burglary,  3  murder  in  the  1st  degree,  2  manslaughter, 
1  rape,  1  seduction,  1  arson,  1  receiving  stolen  goods.  The  county  of  Wasco 
furnished  just  £  of  these  criminals,  showing  the  direction  of  the  drift.  Or. 
Journal  House,  1864,  ap.  35-53. 

14  The  warden  who,  directed  by  the  governor,  produced  these  satisfactory 
results  was  A.  C.  K.  Shaw,  who,  by  the  consent  of  the  legislature,  was  subse 
quently  appointed  superintendent  by  the  governor. 

15  The  land  was  purchased  of  Morgan  L.  Savage,  at  $45  per  acre,  and  the 
water-power  of  the  Willamette  Wootten  Manufacturing  Company  for  $2,000. 
George  H.  Atkinson  was  employed  to  visit  some  of  the  western  states,  and  to 
visit  the  prisons  for  the  purpose  of  observing  the  best  methods  of  building, 
and  laying  out  the  grounds,  with  the  arrangement  of  industries,  and  all  mat 
ters   pertaining   to  the   most   approved    modern   penitentiaries.     Or.   Jour. 
Home,  1865,  ap.  7-12. 

™GMJ  Notes  on  Or.  Hist.,  MS.,  20-22:  Or.  Code,  1862,  ap.  71-3;  Or.  Laws, 
1866,  9o-8;  Or.  Legis.  Docs,  1868,  7-10,  14;  U.  S.  Ed  tic.  Kept,  548-57,  41st 
cong.  3d  sess.  See  description  in  Murphy's  Oregon  Directory,  1873,  197-8. 


646  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

Previous  to  1862  no  proper  provision  had  been 
made  for  the  care  of  the  insane.  The  legislature  in 
vested  Governor  Gibbs  with  authority  to  select  land 
for  the  erection  of  an  asylum  at  Salem,  and  to  contract 
for  the  safe-keeping  and  care  of  the  patients;  but  the 
state  not  yet  being  able  to  appropriate  money  for  suit 
able  buildings,  the  contract  was  let  to  J.  C.  Hawthorne 
and  A.  M.  Loryea,  who  established  a  private  asylum 
at  East  Portland,  where,  until  a  recent  date,  all  of 
these  unfortunates  were  treated  for  their  mental  ail 
ments.17  It  was  not  until  about  1883  that  the  state 
asylum,  a  fine  structure,  was  completed. 

The  legislature  of  1862  passed  an  act  for  the  loca 
tion  of  the  lands  donated  to  the  state,  amounting  in 
all  to  nearly  700,000  acres,  besides  the  swamp-lands 
donated  by  congress  March  12,  1860,  and  Governor 
Gibbs  was  appointed  commissioner  for  the  state  to  lo 
cate  all  lands  to  which  the  state  was  entitled,  and  to 
designate  for  what  purposes  they  should  be  applied.18 

A  similar  act  had  been  passed  in  1  860,  empowering 
Governor  Whiteaker  to  select  the  lands  and  salt  springs 
granted  by  act  of  admission,  by  the  donation  act  of 
1850  for  university  purposes,  and  by  the  act  of  March 
-12,  1860,  donating  swamp  and  overflowed  lands  to  the 
state,  which  the  failure  of  the  commissioner  of  the 
general  land-office  to  send  instructions  had  rendered 
inoperative.  The  legislature  of  1860  had  also  provided 
for  the  possessory  and  preemptory  rights  of  the  500,- 

000  acres  donated  to  the  state,  by  which  any  person, 

17  In  1860  the  insane  in  Oregon  were  twenty-three  in  number,  or  a  per  cent 
of  0.438;  in  1864  there  were  fifty-one  patients  in  the  asylum  from  a  popula 
tion  of  80,000,  giving  a  per  cent  of  0.638.     The  percentage  of  cures  was  32.50. 
Or.   Jour.   House,   1862,  ap.  49;  Or.  Jour.  Houw,  1864,  ap.  7-8.     In  Sept. 
1870  the  asylum  contained  122  persons,  87  males  and  35  females.     Of  the 
whole  number  admitted  in  1870-2,  over  42  per  cent  recovered,  and  7  per  cent 
died.     The  building  and  grounds  there  were  not  of  a  character  or  extent  to 
meet  the  requirements  of  the  continually  increasing  number  of  patients.  Gov 
ernor's  message,  in  Portland  Oregonian,  Sept.  13,  1866;  Nash's  Or.,  149;  Or. 

1  mane  Asylum  Rept,  18/2;  Portland  West  Shore,  March  1880.     The  number 
of  patients  in  1878  was  233,  of  whom  166  were  males.  Rept  of  G.  C.  Strong, 
Visiting  Physician,  1878,  6. 

18  Or.  Code,  1862,  105-7;  Zabriskie's  Land  Law,  659-63. 


STATE  LANDS.  647 

being  a  citizen,  or  having  declared  his  intention  of 
becoming  such,  might  be  entitled  to,  with  the  right 
to  preempt,  any  portion  of  this  grant,  in  tracts  not 
less  than  40  nor  more  than  320  acres,  by  having  it 
surveyed  by  a  county  surveyor;  the  claimants  to  pay 
interest  at  the  rate  of  ten  per  cent  per  annum  upon 
the  purchase  money,  at  the  rate  of  $1.25  an  acre,  the 
fund  accruing  to  be  used  for  school  purposes.  When 
ever  the  government  survey  should  be  made,  the 
claimant  might  preempt  at  the  general  land-office, 
through  the  agency  of  a  state  locating  agent.  By 
this  act  the  state  was  relieved  of  all  expense  in  select 
ing  these  lands;  but  Governor  Whiteaker  gave  it  as 
his  opinion  that  the  act  was  in  conflict  with  the  laws 
of  the  United  States,  in  so  far  as  the  state  taxed  the 
public  lands,  which  opinion  was  sustained  by  the  gen 
eral  land-office,  as  well  as  that  the  state  could  have 
no  control  over  the  lands  intended  to  be  granted  until 
after  their  selection  and  approval  at  that  office.19  The 
act  was  accordingly  repealed,  after  the  selection  of 
about  22,000  acres,  and  another  passed,  as  above 
stated. 

Much  difficulty  was  experienced  in  finding  enough 
good  land  subject  to  location  to  make  up  the  amount 
to  which  the  state  was  entitled  for  the  benefit  of  com 
mon  schools  and  the  endowment  of  an  agricultural 
college,20  on  account  of  the  neglect  of  the  government 
to  have  the  lands  surveyed,  the  surveys  having  been 

19  Or.  Jour.  House,  1862.  ap.  27;  Or.  Statesman,  Sept.  15,  1862. 

20  Or.  Code,  1862,  ap.  109-10.     The  U.  S.  law  making  grants  to  agricul 
tural  colleges  apportioned  the  land  in  quantities  equal  to  30,000  ac/es  for  each 
senator  and  representative  in  congress  to  \vhich  the  states  were  respectively 
entitled  by  the  apportionment  of   1860.     By  this  rule  Oregon  was  granted 
90,000  acres.  Id.,  60-4.     The  selections  made  previous  to  Gibbs' administra 
tion  were  taken  in  the  Willamette  and  Umpqua  valleys.     To  secure  the  full 
amount  of  desirable  lands  required  much  careful  examination  of  the  country. 
The  agricultural-college  grant  was  taken  between  1862  and  1864  in  the  Klam- 
ath  Valley,   and  a  considerable  portion  of   the  common-school  lands  also. 
Eastern  Oregon,  in  the  valley  of  the  Columbia,  was  also  searched  for  good 
locations  for  the  state.     D.  P.  Thompson  and  George  H.  Belden  were  the 
principal  surveyors  engaged  in  making  selections.     Belden  made  a  complete 
map  of  Oregon  from  the  best  authorities.     Previous  to  this  the  maps  were 
very  imperfect,  the  best  being  one  made  by  Preston,  and  the  earliest  by  J, 
W.  Trutch  in  1855. 


648          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

much  impeded  by  Indian  hostilities,  and  the  high 
prices  of  labor  consequent  on  gold  discoveries.  Upon 
the  petition  of  the  Oregon  legislature,  congress  had 
extended  the  surveying  laws  to  the  country  east  of 
the  Cascades,  and  preparations  were  making  to  extend 
the  base  line  across  the  mountains  east  from  the  Wil 
lamette  meridian,  with  a  view  to  operations  in  the 
county  of  Wasco  and  the  settlements  of  Umatilla, 
Walla  Walla,  John  Day,  and  Des  Chutes  valleys.21 
But  congress  failed  to  make  an  appropriation  for  the 
purpose,  contracts  already  taken  were  annulled,  and 
little  progress  was  made  for  two  years,  during  which 
the  squatter  kept  in  advance  of  the  surveys  upon  the 
most  valuable  lands.  During  the  year  ending  June 
30,  1860,  the  service  was  prosecuted  along  the  Co 
lumbia  River  in  the  neighborhood  of  The  Dalles,  in 
the  Umatilla  Valley,  and  also  in  the  Klamath  coun 
try,  near  the  California  boundary,  which  was  riot  yet 
established. 

An  act  was  passed  by  congress  June  25,  1860,  for 
the  survey  of  the  forty-sixth  parallel  so  far  as  it  con 
stituted  a  boundary  between  Oregon  and  Washington, 
which  work  was  not  accomplished  until  1864,  although 
the  length  of  the  line  was  only  about  100  miles,  from 
the  bend  of  the  Columbia  near  Fort  Walla  Walla  to 
Snake  River  near  the  mouth  of  the  Grand  Rond 
River.22  There  was  much  delay  in  procuring  the  ser- 

21  Land  Off.  Rept,  1858,  29-30. 

2a  While  this  matter  was  under  consideration  in  congress,  it  was  proposed 
in  the  senate  that  a  committee  should  inquire  into  the  expediency  of  reunit 
ing  Washington  to  Oregon.  Sen.  Misc.  Doc.,  11,  36th  cong.  2d  sess.,  a  prop 
osition  which,  so  far  as  the  Walla  Walla  Valley  was  concerned,  would 
have  been  received  with  great  favor  by  the  state,  the  natural  boundary  of 
which  is  indicated  by  the  Columbia  and  Snake  rivers.  This  was  the  boundary 
fixed  in  the  constitution  of  Oregon,  from  which  congress  had  departed.  A 
motion  was  made  in  the  legislature  to  annex  at  several  different  times.  See  Or. 
Jour.  House,  1865,  50-73;  Memorial  of  Or.  leg.  in  1870.  in  U.  S.  H.  Mine. 
Doc.,  23,  i.,  41st cong.  3d  sess.;  Or.  Laws,  1870,  212-13;  Or.  Jour.  Sen.,  1868; 
U.  S.  Son.  Misc.  Doc.,  27,  42d  coug.  3d  sess.;  Salem  Statesman,  Feb.  14,  1871; 
Salem  Mercury,  March  18,  1871.  As  late  as  1873  Senator  Kelly  introduced 
a  bill  to  annex  Walla  Walla  county  to  Oregon,  so  as  to  conform  the  boundary 
to  that  named  in  the  constitutional  convention.  On  the  other  hand,  the  peo 
ple  of  Washington  would  have  been  unwilling  to  resign  this  choice  region. 
The  matter  was  revived  in  1875-6,  when  a  committee  of  the  U.  S.  house  rep. 


BOUNDARY  SURVEYS.  649 

vices  of  an  astronomer  and  surveyor  who  would 
undertake  this  survey  for  the  small  amount  appro 
priated,  the  country  being  exceedingly  rough,  and 
including  the  crossing  of  the  Blue  Mountains.23  The 
contract  was  finally  taken  by  Daniel  G.  Major  late  in 

18<H.24 

By  the  time  the  northern  boundary  was  completed, 
the  mining  settlements  of  eastern  Oregon  demanded 
the  survey  of  the  eastern  boundary  from  that  point 
near  the  mouth  of  the  Owyhee  where  it  leaves  Snake 
River  and  continues  directly  south.  The  same  ne 
cessity  had  long  existed  for  the  survey  of  the  42d 
parallel  between  California  and  Oregon,  which  was 
not  begun  till  1867,  when  congress  made  an  appro 
priation  for  surveying  the  Oregon  and  Idaho  boun 
daries  as  well,  Major  again  taking  the  contract.25 
Owing  to  the  continuous  Indian  wars  in  eastern  Ore 
gon,  as  late  as  1867  it  was  necessary  to  have  a  mili 
tary  escort  to  protect  the  surveying  parties  and  their 
supply  trains;  and  it  often  happened  that  the  forces 
could  not  be  spared  from  the  scouting  and  fighting 
which  kept  them  actively  employed.  But  in  spite  of 
these  obstacles,  in  1869  there  had  been  surveyed  of 
the  public  lands  in  Oregon  8,368,564  out  of  the 
60,975,360  acres  which  the  state  contained;  the  sur 
veyed  portions  covering  the  largest  areas  of  good  lands 
in 'the  most  accessible  portions  of  the  state;  leaving 
at  the  same  time  many  considerable  bodies  of  equally 

reported  favorably  to  the  rectification  of  the  Oregon  boundary,  but  the  change 
was  not  made.  If.  Misc.  Doc.,  23,  44th  cong.  2d  sess.;  Cong.  Globe,  1875- 
6,  300,  4710;  //.  Com.  Kept,  7G4,  44th  cong.  1st  sess. 

23  The  amount  provided  was  $4, 500.     Sur.  -gen.  Pengra  recommended  J.  W. 
Perrit  Huntington,  a  Connecticut  man,  an  immigrant  of  1849.   After  a  brief  res 
idence  in  Oregon  City  he  settled  in  Polk  county,  farming  and  teaching  school, 
but  removing  to  Yoncalla  subsequently,  where  he  married  Mary,  a  daughter 
of  Charles  Applegate,  and  where  he  followed  farming  and  surveying.     He 
was  a  man  of  ability,  with  some  eccentricities  of  character.     He  was  elected 
to  the  legislature  in"  1860,  and  was  one  of  the  most  earnest  of  the  republicans. 
In  1862  he  was  appointed  superintendent  of  Indian  affairs,  and  again  by  An 
drew  Johnson  in  1867.     He  died  at  his  home  in  Salem  June  3,  1869.  Salem 
Unionist,  in  Koaeburg  Ensiyn,  June  12,  1869;  Deaden  Scrap- Book,  29. 

24  Land  Off.  Kept,  1864,  9;  Portland  Oreyonian,  Oct.  13,  1864. 

25 Or.  Jour.  House,  1864,  42;  Or.  Argu»,  June  22,  1863;  Land  Of. 
1867,  113-14. 


650  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

good  land,  which  would  at  a  later  period  be  required 
for  settlement.26 

The  first  sale  of  public  lands  in  Oregon  by  procla 
mation  of  the  president  took  place  in  1857.  Only 
ten  or  eleven  thousand  acres  were  sold,  netting  the 
government  little  more  than  the  expenses  of  survey 
ing  its  lands  in  Oregon.27  The  homestead  law  of 
1862  conferred  benefits  on  actual  settlers  nearly  equal 
to  those  of  the  donation  law,  though  less  in  amount. 

O 

The  later  arrivals  in  Oregon  had  only  begun  to  avail 
themselves  of  its  privileges,  when  the  president  again 
offered  for  sale,  in  October  1862,  400,000  acres,  by 
which  act  the  public  lands  were  temporarily  with 
drawn  from  preemption  and  homestead  privileges,  and 
preemptors  were  forced  to  establish  their  claims  and 
pay  the  price  of  their  lands  immediately  in  order  to 
secure  them  against  the  danger  of  being  sold  at  auc 
tion  by  the  government.  This  was  felt  to  be  a  hard 
ship  by  many  who  had  before  the  passage  of  the 
homestead  law  been  glad  to  preempt,  but  who  now 
were  desirous  of  recalling  their  preemption  and  claim 
ing  under  the  homestead  act;  especially  as  the  more 
honest  and  industrious  had  put  all  their  money  into 
improvements,  and  could  only  meet  the  new  demand 
by  borrowing  money  at  a  high  rate  of  interest.  But 
as  only  about  13,500  acres  were  sold  when  offered, 

26  Land  Off.  Rept,  1869,   225.     There  were  surveyed,  up  to  June  1878, 
21,127,862;  there  remaining  of  unsurveyed  public  lands  and  Indian  reserva 
tions  39,849,498  acres.    In  the  remainder  was  included  the  state  swamp-lands, 
of  which  only  a  portion  had  been  selected.    U.  S.  11.  Ex.  Doc.,  ix.  18,  45th 
cong.  3d   sess.     Of   the  surveyed  lauds,   139,597  acres  were  either  sold  or 
taken  under  the  homestead  or  timber-culture  acts  from  June  30,  1877,  to 
July  1,  1878.     Ibid.,  146-160.  Dept  Ayric.  Kept,  1874-5,  67;  see  also  Zabris- 
kie's  Public  Land  Laws  of  the  United  State*,  containing  instructions  for  ob 
taining  lands,  and  laws  and  decisions  concerning  lands,  where  are  to  be  found 
many  descriptions  of  the  country,  with  the  resources  of  the  Pacific  states, 
collected  from  official  reports.     San  Francisco,  1870.     Compare  U.  S.  II.  Ex. 
Doc.,  i.  pt4,  vol.  iv.,  pti.,  32-6,  156-60,  290-319,  452-8,  504-8,  41st  cong. 
3d  sess.;    U.  8.  Sec.  Int.  Rept,   pt  i.,  44,  58,  268-76,  42d  cong.  2d  sess.; 
U.  S.  H.  Ex.  Doc.,  170,  x.,  42d  cong.  2d  sess.;    U.  S.  Sec.  Int.  Rept,  pt  i. 
11,  16-17,  226-37,  280-99,  313-14;  Salem  Willamette  Farmer,  Aug.  2,  1873; 
Salem  Unionist,  Dec.  17,  1866. 

27  The  expenses  of  the  year  1857,  for  surveying  the  public  lands,  were 
$11,746.66,  and  the  returns  from  their  sale,   $13,233.82.   Land  Off.  Kept, 
1858,  43-9. 


PUBLIC  ROADS.  651 

few  claims  could  have  lapsed  to  the  government,  even 
if  their  preemptions  were  not  paid  up. 

It  is  not  surprising  that  during  the  public  surveys 
certain  individuals  should  seize  the  opportunity  to  se 
cure  to  themselves  large  bodies  of  land  by  appearing 
to  assume  necessary  enterprises  which  should  only  be 
undertaken  by  the  government;  and  it  might  be  ques 
tioned  whether  the  legislature  had  a  proper  regard  to 
the  interests  of  the  state  in  encouraging  such  enter 
prises.  By  an  act  of  congress,  approved  July  2,  1864, 
there  were  granted  to  the  state,  to  aid  in  the  construc 
tion  of  a  military  wagon-road  from  Eugene  City  across 
the  Cascade  Mountains  by  the  way  of  the  middle 
fork  of  the  Willamette,  near  Diamond  peak,  to  the 
eastern  boundary  of  the  state,  alternate  sections  of 
the  public  lands  designated  by  odd  numbers,  for  three 
sections  in  width,  on  each  side  of  said  road.  When 
the  legislature  met,  two  months  after  the  passage  of 
this  act,  it  granted  to  what  called  itself  the  Oregon 
Central  Military  Road  Company  all  the  lands  and 
right  of  way  already  granted  by  congress,  or  that 
might  be  granted  for  that  purpose;  with  no  other  pro 
vision  than  that  the  lands  should  be  applied  exclu 
sively  to  the  construction  of  the  road,  and  that  it 
should  be  and  remain  free  to  the  U.  S.  government  as 
a  military  and  post  road.  It  was,  however,  enacted 
that  the  land  should  be  sold  in  quantities  not  exceed 
ing  thirty  sections  at  one  time,  on  the  completion  of 
ten  continuous  miles  of  road,  the  same  to  be  accepted 
by  the  governor,  the  sales  to  be  made  from  time  to 
time  until  the  road  should  be  completed,  which  must 
be  within  five  years,  or,  failing,  the  land  unsold  to  re 
vert  to  the  United  States.28 

What  first  called  up  the  idea  was  the  report  of 
Drew  on  his  Owyhee  reconnaissance  in  1864,  showing 
that  a  road  might  be  made  from  Fort  Klamath  to  the 

28 Or.  Jour.  Sen.,  1864;  Special  Laws,  36-7;  Jacksonville  Sentinel,  May  3, 
1864;  Zabriskie's  Land  Laws,  636-7. 


652  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

Owyhee  mining  country  at  no  great  expense,  and  pass 
ing  through  a  region  rich  in  grass,  timber,  minerals, 
and  agricultural  lands.  The  grant  amounted  to  1,920 
acres  for  each  mile  of  road  built,  less  the  lands  already 
settled  on.  The  distance  was  about  420  miles.  Of 
this  enormous  grant,  exceeding  all  granted  to  the 
state  on  its  admission  to  the  union  by  150,000  acres, 
excepting  the  swamp-lands,  whose  extent  was  un 
known,  about  one  half,  it  was  expected,  would  be 
available.  At  the  minimum  price  of  $1.25  an  acre, 
the  one  half  would  amount  to  $1,008,000.  Along  the 
first  twenty  miles  of  the  road,  from  Eugene  City  to 
the  Cascade  Mountains,  the  best  lands  were  taken  up; 
upon  representing  which  to  congress,  other  lands  were 
granted  in  lieu  of  those  already  claimed,  to  be  selected 
from  the  public  lands.  The  law  allowed  a  primary 
sale  of  thirty  sections,  or  19,200  acres,  with  which  to 
begin  the  survey,  which  land  was  offered  for  sale  in 
March  1865.  With  its  own  and  the  capital  accruing 
from  sales  of  land  and  stock,  the  company — consisting 
at  first  of  seventeen  incorporators29 — pushed  the  road 
to  the  summit  of  the  Cascade  Mountains  in  the 
autumn  of  1867.  This  was  the  most  difficult  and  ex 
pensive  portion  of  the  work,  and  though  by  no  means 
what  a  military  road  should  be,  was  accepted  by  the 
governor.  It  was  never  much  used,  and  was  almost 
entirely  superseded  in  1868  by  a  wagon-road  from 
Ashland  to  the  Klamath  Basin,  by  the  old  Scott  and 
Applegate  pass  of  the  Cascades,  discovered  in  1846. 

A  few  months  after  the  act  authorizing  a  road 
through  their  country,  Huntington,  superintendent  of 
Indian  affairs,  succeeded  in  treating  with  the  Klamath 
and  Modoc  tribes,  and  a  portion  of  the  Shoshones,  by 

29  W.  H.  Hanchett,  Martin  Blanding,  A.  W.  Patterson,  J.  G.  Gray,  E. 
F.  Skinner,  Joel  Ware,  D.  M.  Rlsdon,  S.  Ellsworth,  J.  B.  Underwood,  A.  S. 
Patterson,  T.  Mulhollan,  Harvey  Small,  A.  S.  Powers,  J.  L.  Bromley,  J.  H. 
McClung,  Henry  Parsons,  and  B.  J.  Pengra.  Their  capital  stock  was  first 
$30,000,  but  subsequently  raised  to  $100.000;  shares  $2oO  each.  Forpartieu- 
lai's,  see  Peiigru's  Rept  Or.  Cent.  Military  Hood,  a  pamphlet  of  63  pages,  ad 
vertising  the  enterprise  and  giving  a  description  of  the  country.  Eugene  City 
Journal,  July  14,  21,  28,  and  Aug.  4,  11,  1866;  S.  F.  Bulletin,  Sept.  20,  1865. 


RESERVATIONS.  653 

which  a  reservation  was  set  off,  of  a  considerable  ex 
tent  of  country  between  the  point  where  any  road 
crossing  the  mountains  near  Diamond  peak  must  strike 
the  plains  at  their  eastern  base  and  Warner's  Moun 
tain.  The  right  of  the  government  to  lay  out  roads 
through  the  reservation  was  conceded  by  the  Indians, 
but  it  was  not  in  contemplation  that  the  government 
should  have  the  power  to  grant  any  of  the  reserva 
tion  lands  to  any  company  constructing  such  a  road; 
the  treaty  having  been  made  before  the  company  was 
formed.  Nevertheless,  as  the  survey  of  the  reserva 
tion  lands  proceeded,  which  was  urged  forward  to  en 
able  the  company  to  secure  its  lands,  the  odd  sections 
along  the  line  of  the  military  road  where  it  crossed  the 
reservation  were  approved  to  the  state  to  the  extent  of 
over  93,000  acres.  The  Indians,  or  their  agents,  held, 
very  properly,  that  their  lands,  secured  to  them  by 
treaty  previous  to  the  survey  of  the  military  road,  were 
not  public  lands  from  which  the  state  or  the  company 
could  select;  and  also  that  the  state  would  have  no 
right  to  violate  the  conditions  of  the  treaty  by  bring 
ing  settlers  within  the  limits  of  the  reservation.  By 
an  act  amendatory  of  the  first  act  granting  the  lands 
to  the  state,  congress  indemnified  the  state,  and 
through  the  state  the  company,  by  allowing  the  defi 
cit  to  be  made  up  from  other  odd  sections  not  reserved 
or  appropriated  within  six  miles  on  each  side  of  the 
road.30  The  Oregon  Central  Military  Road  Company, 
after  doing  what  was  necessary  to  secure  their  grant, 
and  finding  it  inconvenient  to  be  taxed  as  a  private 
corporation  on  so  large  an  amount  of  property  that  had 
never  been  made  greatly  productive,  sold  its  lands  to 
the  Pacific  Land  Company  of  San  Francisco,  in  1873, 

30/wd.  Aff.  Kept,  1874,  75;  Cong.  Globe,  1866-67,  pt  iii.,  app.  179,  39th 
cong.  2d  sess.  It  would  seem  from  the  fact  that  in  1878-9  a  bill  was  before 
congress  asking  for  a  float  on  public  lands  in  exchange  for  those  embraced 
within  the  reservation  and  claimed  by  the  0.  C.  M.  R.  Co.,  that  the  bill  of 
1866  was  not  intended  to  indemnify  for  these  lands,  though  the  language  is 
such  as  to  lead  to  that  understanding.  The  bill  of  1878-9  did  not  pass;  and 
if  the  first  is  not  an  indemnity  bill,  then  the  Indian  lands  are  in  jeopardy.  S. 
F.  Chadwick,  in  Historical  Correspondence,  MS.;  Ashland  Tidings,  Feb.  14, 
1879;  S.  F.  Bulletin,  July  11,  1872. 


654  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

and  thus  this  magnificent  gift  to  the  state  passed  with 
no  adequate  return  into  the  hands  of  a  foreign  private 
corporation. 

In  the  matter  of  the  swamp-lands,  nothing  was 
done  to  secure  them  during  a  period  of  ten  years,81  it 
being  held  that  the  right  to  them  had  lapsed  through 
neglect,  and  Gibbs  having  had  enough  to  do  to  secure 
the  other  state  lands.  George  L.  Woods,  who  in  1866 
succeeded  Gibbs  as  governor,  made  some  further  se 
lections  for  school  purposes.  Not  all  of  his  selections 
had  been  approved  when,  in  1870,  L.  F.  Grover  was 
elected  governor.  The  agricultural-college  lands  which 
had  been  selected  in  the  Klamath  Lake  basin  had 
been  declared  not  subject  to  private  entry  by  the  land- 
office  at  Roseburg,  within  which  district  the  lands  lay, 
and  that  office  had  refused  to  approve  the  selection. 
The  Oregon  delegation  in  congress  procured  the  pas 
sage  of  an  act  confirming  the  selections  already  made 
by  the  state  where  the  lists  had  been  filed  in  the  proper 
land-office,  in  all  cases  where  they  did  not  conflict 
with  existing  legal  rights,  and  declaring  that  the  re 
mainder  might  be  selected  from  any  lands  in  the  state 
subject  to  preemption  or  entry  under  the  laws  of  the 
United  States;  with  the  qualification  that  where  the 
lands  were  of  a  price  fixed  by  law  at  the  double  mini 
mum  of  $2.50,  such  land  should  be  counted  as  double 
the  quantity  towards  satisfying  the  grant.  This  was 
followed  by  the  establishment  of  another  land-office, 
called  the  Link  tor.  district,  in  the  Klamath  country, 
and  the  approval  of  the  agricultural-college  selections.3'2 
The  internal  improvement  grant33  was  also  fully  se- 

81  The  legislature  in  1870  memorialized  congress  for  an  extension  of  time 
for  locating  the  salt-lands  grant.  Or.  Jour.  Sen.,  1870,  211;  U.  S.  Misc.  J)oc., 
20,  i.,  41st  cong.  3d  sess. ;  but  it  was  permitted  to  lapse.  Message  of  Gov. 
Thayer,  1882,  19. 

32  Grover' s  Message,  1872,  p.  12-13;  Cong.  Globe,  1871-2,  app.  702;  Zabris- 
kie's  Land  Laws,  sup.  1877,  27,  73. 

33  See  Appendix  to  Governor's  Mesmr/efor  1872,  which  contains  the  official 
correspondence  on  the  confirmation  of  the  state  lands,  and  is  an  interesting 
document;  also  Jackonttville  Sentinel  from  Oct.  14  to  Dec.  9,  1871. 


SWAMP  LANDS.  655 


cured  to  the  state  during  the  administration  of  Gov 
ernor  Grover. 

From  the  time  when  the  swamp-land  grant  was 
supposed  to  have  lapsed  through  neglect,  as  decided 
by  Whiteaker,  and  apparently  coincided  in  by  his  suc 
cessors,  up  to  August  1871,  no  attention  was  given  to 
the  subject.     Grover,  however,  gave  the  matter  close 
scrutiny,  and  discovered  that  the  same  act  which  re 
quired  the  state  to  select  the  swamp-lands  then  sur 
veyed  within  two  years  from  the  adjournment  of  the 
legislature   next  following  the  date  of  the  act    and 
which  requirement  had  been  neglected,  also  declared 
that  the  land  thereafter  to  be  surveyed   should  be 
chosen  within  two  years  from  the  adjournment  of  the 
legislature  next  following  a  notice  by  the  secretary  of 
the  interior  to  the  governor  that  the  surveys  had  been 
completed   and  confirmed.     No   such   notice    having 
been  given,  the  title  of  the  state  to  the  swamp-lands 
was  held  to  be  intact,  and  a  complete  grant  and  inde 
feasible  title  were  vested  in  the  state  by  the  previous 
acts  of  congress,  which  could  not  be  defeated  by  any 
failure  on  the  part  of  the  United  States  to  perform 
an  official  duty.     The  small  amount  of  swamp-lands 
surveyed  in   1860,  and  which  were  lost   by  neglect, 
could' not  much  affect  the  grant  should  it  never  be  re 
covered.  -      ^ 

In  pursuance  of  these  views,  the  legislature  of  1870 
passed  an  act  providing  for  the  selection  and  sale  of 
the  swamp  and  overflowed  lands  of  the  state.  Lhis 
act  made  it  the  duty  of  the  land  commissioner  for 
Oreo-on,  to  wit,  the  governor,  to  appoint  persons  to 
make  the  selections  of  swamp  and  overflowed  lands, 
and  make  returns  to  him,  when  they  would  be  mapped, 

»« The  first  clause  of  this  sentence  is  a  quotation  from  a  letter  of  Governor 
Grover  to  the  secretary  of  the  interior,  dated  Nov  9,  1871,  a  year  after  the 
nassaffe  of  the  act  but  only  three  months  after  ascertaining  from  W.  H.  Udell, 
f^eTfurveyor-general  an/ successor  to  E.  L.  Applegate,  that  no  correspond 
ence  whateyverbwas  on  file  in  the  surveyor-general's  office  concerning  the 
swamp-lands.  Therefore  the  legislature  must  have  passed  a n  act  mpursu- 
Lice  of  information  received  nine  months  after  its  passage,  bee  Or.  Goiernor  « 
Message,  app.,  1872,  21-32;  Or.  Laws,  1870,  64-7. 


656  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

described,  and  offered  for  sale  at  not  less  than  one 
dollar  per  acre;  twenty  per  cent  of  the  purchase 
money  to  be  paid  within  ninety  days  after  the  publi 
cation  of  a  notice  of  sale,  and  the  remainder  when  the 
land  had  been  reclaimed.  Reclamation  was  defined 
to  consist  in  cultivating  on  the  land  in  question  for 
three  consecutive  years  either  grass,  cereals,  or  vege 
tables,  on  proof  of  which  the  remainder  of  the  purchase 
money  could  be  paid,  and  a  patent  to  the  land  ob 
tained,  provided  the  reclamation  should  be  made  within 
ten  years.  No  actual  survey  was  required,  but  only 
that  the  tract  so  purchased  should  be  described  by 
metes  and  bounds;  therefore,  the  twenty  per  cent 
which  constituted  the  first  payment  was  a  conjectural 
amount.  The  law  had  other  defects,  which  operated 
against  the  disposal  of  the  lands  to  non-speculative 
purchasers  who  desired  to  obtain  patents  and  have 
their  titles  settled  at  once.  It  was  discovered,  also, 
in  the  course  of  a  few  years,  that  draining  the  land, 
which  the  law  required,  destroyed  its  value.  The 
law  simply  gave  the  opportunity  to  a  certain  class  and 
number  of  men  to  possess  themselves  of  large  cattle- 
ranges  without  anything  like  adequate  payment. 

The  intention  of  the  original  swamp-land  act  of 
congress,  passed  September  28,  1850,  was  to  enable  a 
state  subject  to  overflow  from  the  Mississippi  River 
to  construct  levees  and  drain  swamp-lands.  The 
benefits  of  this  grant  were  afterwards  extended  to 
other  states,  including  Oregon.  But  Oregon  had  no 
rivers  requiring  levees,  and,  strictly  speaking,  no 
swamp-lands.  It  had,  indeed,  some  small  tracts  of 
beaver-dam  land,  and  some  more  extensive  tracts  sub 
ject  to  annual  overflow,  on  which  the  best  of  wild 
grasses  grew  spontaneously.  To  secure  these  over 
flowed  lands,  together  with  others  that  were  not  sub 
ject  to  inundation,  but  could  be  embraced  in  metes 
and  bounds,  was  the  purpose  of  the  framers  and  friends 
of  the  swamp-land  act  of  1870  in  the  Oregon  legisla- 


LAND  SPECULATORS.  657 

ture.85  It  was  a  flagrant  abuse  of  the  trust  of  the 
people  conferred  upon  the  legislative  body,  and  of  the 
powers  conferred  upon  the  officers  of  the  state  by  the 
constitution.36  It  was  a  temptation  to  speculators, 
who  rapidly  possessed  themselves  of  extensive  tracts, 
and  enriched  themselves  at  the  expense  of  the  state, 
besides  retarding  settlement. 

One  effect  of  the  swamp-land  act  was  to  bring  in 
conflict  with  the  speculators  actual  settlers  who  had 
squatted  upon  some  unsurveyed  portions  of  these 
lands,  and  cultivated  them  under  the  homestead  law. 
If  it  could  be  proved  that  the  land  settled  on  belonged 
to  the  state  under  the  swamp-land  act,  the  settler 
was  liable  to  eviction.  Wherever  such  a  conflict  ex 
isted,  appeal  was  had  to  the  general  land-office,  the 
case  was  decided  upon  the  evidence,  and  sometimes 
worked  a  hardship,  which  was  contrary  to  the  spirit 
and  intention  of  the  government  in  granting  lands  to 
the  state. 

The  legislature  of  1872  urged  the  Oregon  delega 
tion  to  secure  an  early  confirmation  of  title,  no  patent, 
however,  being  required  to  give  the  state  a  title  to 
what  it  absolutely  owned  by  law  of  congress.  It  also 
passed  an  act  to  provide  for  the  sale  of  another  class 

35  It  was  said  that  some  of  the  members  who  took  an  active  part  in  the 
passage  of  the  bill  had  prepared  their  notices  and  maps  to  seize  the  valuable 
portions  of  the  swamp-lands  before  voting  on  it.  Two  members  made  out 
their  maps  covering  the  same  ground,  and  it  depended  on  precedence  in  filing 
notices  who  should  secure  it.  One  of  them  called  on  the  secretary  after  night 
fall  to  file  his  notice  and  maps,  but  was  told  that  the  governor  had  not  yet 
signed  the  bill,  on  which  he  retired,  satisfied  that  on  the  morning  he  could 
repeat  his  application  successfully.  The  bill  was  signed  by  the  governor  that 
evening,  and  his  rival,  who  was  more  persistent,  immediately  presented  his 
notice  and  maps,  which  being  filed  at  once,  secured  the  coveted  land  to  him. 
Jacksonville  Sentinel,  Dec.  16,  1871;  Sarramento  Union.  Jan.  15,  187*2.  See 
remarks  on  swamp-lands,  in  Gov.  ChadwicUs  Message,  1878,  35-40. 

80  The  board  of  swamp-land  commissioners  consisted  of  L.  F.  Grover,  gov 
ernor,  S.  F.  Chadwick,  secretary,  L.  Fleischner,  treasurer,  and  T.  H.  Cann, 
clerk  of  the  state  land  department.  Section  6  of  the  swamp-land  law  de 
clares  that,  'as  the  state  is  likely  to  suffer  loss  by  further  delay  in  taking  pos 
session  of  the  swamp-lands  within  its  limits,  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  approval  by  the  governor;  provided,  that  in  case 
the  office  of  commissioner  of  lands  is  riot  created  by  law,  the  provisions  of 
this  act  shall  be  executed  by  the  board  of  commissioners  for  the  sale  of  school 
and  university  lands' — that  is,  the  above-named  officers  of  the  state.  Or. 
Laws,  1870,  56-7. 

HIST.  OB.,  VOL.  II.    42 


658  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

of  overflowed  lands  on  the  sea-shore;  and  another 
act  appropriating  ten  per  cent  of  all  moneys  received 
from  the  sale  of  swamp,  overflowed,  and  tide  lands  to 
the  school  fund. 

The  swamp-lands  which  offered  the  greatest  induce 
ment  to  speculators  were  found  in  the  Klamath  Lake 
basin,  which  was  partially  surveyed  in  1858.  A  re- 
survey  in  1872  gave  a  greatly  increased  amount  of 
swamp-land,  and  changed  the  character  of  the  surveys 
materially.37  This  was  owing  to  a  decision  of  the 
supreme  court  of  the  United  States,  that  the  shores 
of  navigable  waters,  and  the  soils  under  them,  were 
not  granted  by  the  constitution  to  the  United  States, 
but  were  reserved  to  the  states  respectively.38  The 
amount  selected  and  surveyed  as  swamp-land  in  1874 
was  nearly  167,000  acres.  In  1876  it  was  over  300,- 
000,  with  a  large  amount  remaining  unsurveyed.  A 
considerable  proportion  of  these  selections  were  made 
in  the  Linkton  district,  about  Lower  Klamath,  Tule 
Goose,  and  Clear  lakes,  and  about  the  other  numerous 
lakes  in  south-eastern  Oregon,  and  they  led  finally  to 
the  settling-up  of  that  whole  region  with  stock-raisers, 
who,  when  they  have  exhausted  the  natural  grasses, 
will  dispose  of  their  immense  possessions  to  small  farm 
ers  who  will  cultivate  the  soil  after  purchasing  the 
lands  at  a  considerable  advance  on  the  price  paid  by 
the  present  owners. 

As  late  as  1884,  swindling  schemes  on  a  vast  scale 

*  O 

were  still  being  attempted.39  The  history  of  the  land 
grants  shows  that  the  intention  of  congress  was  to 
benefit  the  state,  and  encourage  immigration,  but  these 
benefits  were  all  diverted,  bringing  incalculable  injury 
to  the  community.  Seldom  was  a  demand  of  the 
legislature  refused.40  In  1864  congress  passed  an  act 

37  Or.  Law*,  1872, 129-33, 220-21 , 128-9;  U.  S.  Sen.  Misc.  Doc.,  22, 42d  cong. 
3d  sess;  Portland  Ore.yonian,  Jan.  27, 1873;  Rept  See.  Int.,  1S73, 2i>3-35,  2o7-93. 

38 See  Or.  Leyisl.  Docs,  1874,  p.  17-18;  8.  F.  Examiner,Qct.  18,  1814;  Salem 
Mercury,  Feb.  5,  1875;  Albany  State  Rights  Democrat,  Jan.  22,  1875. 

39  See  S.  F.  Chronicle,  Feb.  29,  1884. 

40  In  1864  the  U.  S.  senate  com.  on  land  grants  refused  a  grant  of  land  to 
construct  a  road  from  Portland  to  The  Dalles.  Sen.  Com.  Rept,  34,  38th  cong. 
1st  sess. 


DONATION  CLAIMS.  659 

amending  the  act  of  September  27,  1850,  commonly 
called  the  donation  law,  so  as  to  protect  settlers  who 
had  failed  to  file  the  required  notice,  and  allowing 
them  to  make  up  their  deficiencies  in  former  grants. 
A  large  amount  of  land  was  taken  up  under  this  act.41 
In  the  same  manner  the  state  was  indemnified  for  the 
school  lands  settled  upon  previous  to  the  passage  of 
the  act  donating  the  sixteenth  and  thirty-sixth  sec 
tions  for  the  support  of  schools.  In  1876  congress 
passed  an  act  for  the  relief  of  those  persons  whose 
donation  claims  had  been  taken  without  compensation 
for  military  reservations,  which  reservations  were 
afterward  abandoned  as  useless.  The  settlers  who 
had  continued  to  reside  on  such  lands  were  granted 
patents  the  same  as  if  no  interruption  to  their  title 
had  occurred. 

According  to  the  act  of  admission,  five  per  cent  of 
the  net  proceeds  of  sales  of  all  public  lands  lying  within 
the  state  which  should  be  sold  after  the  admission  of 
the  state,  after  deducting  the  expenses  incident  to  the 
sales,  was  granted  to  the  state  for  the  construction  of 
public  roads  and  improvements.  The  first  and  only 
public  improvement  made  with  this  fund  was  the  con 
struction  of  a  canal  and  locks  at  the  falls  of  the  Wil 
lamette  River  opposite  Oregon  City,  begun  in  1870 
and  completed  in  1872.  After  this  use  of  a  portion  of 
the  public-improvement  fund,  the  five-per-cent  fund 
was  diverted  from  the  uses  indicated  by  law,  and  by 
consent  of  congress  converted  to  the  common-school 
fund,  to  prevent  its  being  appropriated  to  local  schemes 
of  less  importance  to  the  state.42 

"Zabriskie's  Land  Laws,  636-7;  Portland  Or.  Herald,  Feb.  28,  1871;  Sec. 
Int.  Kept,  77-86,  44th  cong.  1st  sess. 

42  Or.  Laws,  1870,  14;  Governor's  Message,  app.,  1872,  73-4;  Deady't 
Hist.  Or.,  MS.,  52;  Portland  Standard,  Jan.  7,  1881.  The  first  embezzle 
ment  of  public  money  in  Oregon  was  from  the  five-per-cent  fund,  amounting 
to  $5,424.25.  The  drafts  were  stolen  by  Sam.  E.  May,  secretary  of  state,  and 
applied  to  his  own  use.  Or.  Governor's  Message,  app.,  79-113;  Wood*'  Recol 
lections,  MS.,  7-9.  It  was  this  crime  that  brought  ruin  on  Jesse  Applegate, 
one  of  the  bondsmen,  whose  home  was  sold  at  forced  sale  in  1883,  after  long 
litigation.  S.  E.  May  was  a  young  man  of  good  talents  and  fine  personal  ap 
pearance,  though  with  a  skin  as  dark  as  his  character,  aud  which  might 
easily  have  belonged  to  a  mulatto  or  mestizo. 


660          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

The  same  disposition  was  made  of  the  fund  arising 
from  the  sale  of  the  500,000  acres  to  which  the  state 
was  entitled  on  admission,  by  the  act  of  September  4, 
1841.  When  the  state  was  organized,  the  framers  of 
the  constitution  offered  to  take  this  grant  in  addition 
to  the  common-school  lands,  instead  of  for  public  im 
provements  ;  but  on  accepting  the  Oregon  constitu 
tion,  congress  said  nothing  concerning  this  method  of 
appropriating  the  lands,  from  which  it  was  doubtful 
whether  the  law  of  congress  or  the  law  of  the  state 
should  govern  in  this  case.  But  as  the  lands  belonged 
absolutely  to  the  state,  it  was  finally  decided  to  devote 
them  to  school  purposes. 

By  1885  half  of  the  500,000-acre  grant  was  sold, 
and  the  remainder,  most  of  which  was  in  eastern  Ore 
gon,  was,  some  time  previous,  offered  at  two  dollars 
an  acre.  From  this,  and  the  sale  of  the  sixteenth  and 
thirty-sixth  sections,  the  five-per-cent  fund,  money 
accruing  from  escheats,  forfeitures,  and  all  other 
sources  provided  by  law,  the  school  fund  amounted  in 
1881  to  about  $600,000,  which  was  loaned  on  real  estate 
security  at  ten  per  cent  per  annum.  The  number  of 
acres  actually  appropriated  by  congress  for  common 
schools  amounted  to  3,250,000,  of  which  about  500,- 
000  had  been  sold,  the  minimum  price  being  $1.25 
an  acre.43 

The  legislature  of  1868  passed  an  act  creating  a 
board  of  commissioners  for  the  location  of  the  90,000 
acres  appropriated  by  congress  for  agricultural  col 
leges,  and  to  establish  such  a  college.  By  this  act  a 
school  already  existing  at  the  town  of  Corvallis  was 
adopted  as  the  Agricultural  College,  in  which  students 
sent  under  the  provision  of  the  act  should  receive  a 

43  Portland  Standard,  Jan.  7,  1881.  The  fund  does  not  seem  proportioned 
to  the  amount  of  land.  At  the  lowest  price  fixed  by  law,  the  lands  sold  must 
have  aggregated  $925,000  up  to  the  date  just  mentioned.  Out  of  this,  after 
taking  the  cost  of  the  canal  and  locks  at  Oregon  City,  $200,000,  there  would 
be  a  considerable  amount  to  be  accounted  for  more  than  should  be  credited  to 
the  aqcount  of  expenses.  But  the  figures  are  drawn  from  the  best  authority 
obtainable. 


SCHOOL  LANDS.  661 

collegiate  education  in  connection  with  an  agricultural 
one.  Each  state  senator  was  authorized  to  select  one 
student,  not  less  than  sixteen  years  of  age,  who 
should  be  entitled  to  two  years'  tuition  in  this  college; 
and  the  president  of  the  college  was  permitted  to  draw 
upon  the  state  treasurer  for  eleven  dollars  and  twenty- 
five  cents  per  quarter  for  each  student  so  attending; 
the  money  to  be  refunded  out  of  the  proceeds  of  the 
agricultural  lands  when  selected. 

This  was  done  because  the  act  of  congress  making 
grants  for  the  establishment  of  state  colleges  of 
agriculture  required  these  schools  to  be  in  operation 
in  1867.  The  time  was  subsequently  extended  five 
years.  Meanwhile  the  board  of  commissioners,  John 
F.  Miller,  I.  H.  Douthit,  and  J.  C.  Avery,  proceeded 44 
to  locate  the  agricultural-college  lands,  chiefly  in 
Lake  county.  In  1881,  23,000  acres  had  been  sold 
at  $2.50  an  acre,  giving  a  fund  of  $60,000  for  the  sup 
port  of  the  agricultural  department  of  this  school. 

Of  the  state-university  lands,  about  16,000  acres  re 
mained  unsold  in  1885  of  the  46.000  acres  belonging 
to  this  institution.  This  remainder,  located  in  the 
Willamette  Valley,  was  held  at  two  dollars  an  acre. 
An  act  locating  the  state  university  at  Eugene  City 
was  passed  by  the  legislature  of  1872.  The  people  of 
Lane  county,  in  consideration  of  the  location  being 
made  in  their  midst,  made  a  gift  to  the  state  of  the 
grounds  necessary,  and  the  building  erected  upon  it, 

44  No  building  was  erected,  nor  was  the  location  of  the  college  secured  to 
Corvallis.  By  simply  adopting  the  Corvallis  institution  as  it  stood,  a  great 
difficulty  was  removed,  and  expense  saved,  while  the  land  grant  was  secured. 
Twenty-two  students  were  entered  in  1868.  In  1871  the  people  of  Bentonco. 
presented  35  acres  of  land  to  the  college  to  make  a  farm,  on  which  the  agricul 
tural  students  labored  a  short  time  each  day  of  the  school-week,  receiving  com 
pensation  therefor.  Wheat  and  fruit  were  cultivated  on  the  farm;  fertilizers 
are  tested,  and  soils  analyzed.  Lectures  are  given  on  meteorology,  botany, 
fruit-culture,  chemistry,  and  assaying.  The  building  was  enlarged,  and  the 
apparatus  increased  from  time  to  time,  with  collections  of  minerals.  The  farm 
was  valued  at  $5,000,  the  buildings  at  $6,000.  In  1876  about  100  students 
took  the  agricultural  course,  all  of  whom  were  required  to  perform  a  small 
amount  of  labor  on  the  farm,  and  to  practise  a  military  drill.  The  state 
makes  an  annual  appropriation  of  $5,000  toward  the  current  expenses  of  the 
college.  Dept  Affric.  Rf.pt,  1871-2,  325;  1875,  397,  492;  Or.  Laws,  1868, 
40-4];  Or.  Legist.  Docs,  1870,  app.  12-16;  Or.  Laws,  1872,  133-5;  Govern 
or's  Messaye,  1872,  12-13;  Portland  West  Shore,  Oct.  1880. 


662    '       POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

amounting  in  value  to  $52,000.  The  university  school 
was  opened  in  1876,  when  the  fund  arising  from  the 
sale  of  its  lands  reached  $75,000,  nearly  $10,000  of 
which  sum  arose  from  sales  of  the  Oregon  City  claim, 
previous  to  the  legislative  act  which  restored  that  prop 
erty  to  the  heirs  of  John  McLoughlin.45 

The  land  appropriated  to  the  erection  of  public 
buildings  having  been  all  sold  arid  the  funds  applied 
to  these  purposes,  there  remained,  in  1885,  unsold  of 
the  state  lands  of  the  above  classes  some  three  mil 
lion  acres,  then  held  at  from  $1.25  to  $2.50  an  acre, 
besides  such  of  the  swamp-lands  as  might  revert  to  the 
state,  the  tide  and  overflowed  lands  of  the  sea-shore, 
and  the  salt-springs  land.  Owing  to  the  greater  ease 
with  which  the  level  lands  were  cultivated,  the  prairies 
wrere  first  selected,  both  by  private  claimants  and 
government  agents.46  The  principal  amount  of  the 
state  lands  still  unsold  in  1885  were  the  brush  lands 
of  the  foot-hills  and  ridges  of  western  Oregon,  the 
timbered  lands  of  the  mountains,  arid  the  high  table 
lands  of  eastern  Oregon,  which,  compared  with  the 
fertile  and  level  valley  lands  of  the  state,  were  once 
esteemed  comparatively  valueless.  This,  however, 
was  a  hasty  conclusion.  The  brush  lands,  when 
cleared,  proved  to  be  superior  fruit  lands;  the  high 
plateaus  of  eastern  Oregon,  owing  to  a  clayey  soil  not 
found  in  the  valleys,  produced  excellent  wheat  crops, 
and  the  timbered  lands  were  prospectively  valuable 
for  lumber.  In  fact,  it  became  necessary  for  the  gov 
ernment,  in  1878,  to  impose  a  fine  of  from  $100  to 
$1,000  for  trespassing  on  the  forest  lands,  for  their 
protection  from  milling  companies  with  no  right  to 
the  timber.  At  the  same  time  the  government  of- 

45  Or.  Laws,  1872,  47-53,  96-7;  AWt's  Or.,  162;  Victor's  Or.,  178.  Much 
information  may  be  gleaned  concerning  the  status  of  schools  and  the  condition 
of  the  public  funds  from  Or.  School  Land  Safes  lie.pt,  1872;  Or.  Legld.  Docs, 
1868,  doc.  4,  41-3. 

46 1  find  the  principal  statements  here  set  down  collected  by  the  clerk  of 
the  board  of  land  commissioners,  M.  E.  P.  McCormac,  for  the  Portland  Stan 
dard,  Jan.  7,  1881;  AsJdcind  Tidings,  Jan.  29,  1877;  Sac.  Union,  Jan.  15,  1872; 
8.  F.  Post,  Sept.  9,  1873. 


CIVIL  CODE.  663 

fered  to  sell  its  timber,  in  tracts  of  160  acres,  at  $2.50 
an  acre;  and  lands  containing  stone  quarries  at  the 
same  price.  The  total  number  of  acres  of  timber  in 
the  state  is  estimated  at  761,000,  or  a  little  over 
thirty-one  per  cent  of  the  whole  area.? 

"As  it  'Became  a  known  fact  that  the  cultivation  of 
timber  tended  to  produce  a  moisture  which  was  lack 
ing  in  the  climate  and  soil  of  the  high  central  plains, 
congress  passed  an  act  by  the  provisions  of  which  a 
quarter-section  of  land  might  be  taken  up,  and  on  a 
certain  portion  of  it  being  planted  with  timber,  a  pat 
ent  might  be  obtained  to  the  whole.  Under  this  act, 
passed  in  1873  and  amended  in  1874.  between  18,000 
and  19,000  acres  were  claimed  in  the  year  ending- 
July  1,  1878,  chiefly  in  eastern  Oregon;  while  in  the 
same  year,  under  the  homestead  act,  nearly  86,000 
acres  were  taken  up,47  the  whole  amount  of  govern 
ment  land  taken  in  Oregon  in  1878  being  139,597 
acres.  The  rapid  settlement  of  the  country  at  this 
period,  together  with  the  absorption  of  the  public 
lands  by  railroad  grants,  seems  likely  soon  to  termi 
nate  the  possessory  rights  of  the  government  in  Ore 
gon,  the  claims  of  settlers  still  keeping  in  advance  of 
the  United  States  surveys. 

To  the  legislature  of  1862  was  submitted  a  Code  of 
Civil  Procedure,  with  some  general  laws  concerning 
corporations,  partnerships,  public  roads,  and  other 
matters,  prepared  by  a  commission  consisting  of 
Deady,  Gibbs,  and  Kelly,  which  was  accepted  with 
some  slight  amendments;  and  an  act  was  then  passed 
authorizing  Deady  to  complete  the  code  and  report 
at  the  next  session.  This  was  done,  and  the  code 
completed  was  accepted  in  1864,  but  four  members 
voting  against  it  on  the  final  ballot,  and  they  upon 
the  ground  of  the  absence  of  a  provision  prohibiting 

47 H.  Ex.  Doc.,  i.,  pt  5,  146-60,  45th  cong.  3d  sess.;  Victor's  Or.,  98; 
NasVs  Or.,  163;  Nordhoff,  N.  Col.,  211;  Def>t  Agric.  Sept,  1875,  331;  Ash 
land  Tidings,  Nov.  16,  1877;  Cong.  Globe,  1876-7,  137;  1877-8,  32. 


664  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

persons  other  than  white  men  from  giving  evidence 
in  the  courts. 

The  subject  of  the  equality  of  the  races  had  not 
lost  its  importance.  The  legislature  of  1862,  accord 
ing  to  the  spirit  of  the  constitution  of  Oregon,  which 
declared  that  the  legislative  assembly  should  provide 
by  penal  codes  for  the  removal  of  negroes  and  mulat- 
toes  from  the  state,  and  for  their  effectual  exclusion, 
enacted  that  each  and  every  negro,  Chinaman,  Ha 
waiian,  arid  mulatto  residing  within  the  limits  of  the 
state  should  pay  an  annual  poll-tax  of  five  dollars,  or 
failing  to  do  so  should  be  arrested  and  put  to  work 
upon  the  public  highway  at  fifty  cents  a  day  until  the 
tax  and  the  expenses  of  the  arrest  and  collection 
were  discharged.48 

By  the  constitution  of  Oregon,  Chinamen  not  resi 
dents  of  the  state  at  the  time  of  its  adoption  were 
forever  prohibited  from  holding  real  estate  or  mining 
claims  therein.  By  several  previous  acts  they  had 
been  "taxed  and  protected"  in  mining  as  a  means  of 
revenue,  the  tax  growing  more  oppressive  with  each 
enactment,  and  as  the  question  of  Chinese  immigra 
tion49  was  more  discussed,  the  law  of  1862  being  in 
tended  to  put  a  check  upon  it.  All  former  laws 
relating  to  mining  by  the  Chinese  having  been  re 
pealed  by  a  general  act  in  1864,  the  legislature  of 
1866  passed  another,  the  general  features  of  which 
were  that  no  Chinamen  not  born  in  the  United 

480r.  Gen.  Laws,  1845,  64;  Or.  Code,  1862,  app.  76-7. 

49  Since  the  Chinese  question  is  presented  at  length  in  another  portion  of 
this  work,  it  will  not  be  considered  in  this  place.  In  Oregon,  as  in  California, 
there  was  much  discussion  of  the  problem  of  the  probable  effect  of  Chinese 
immigration  and  labor  on  the  affairs  of  the  western  side  of  the  continent;  and 
occasionally  an  outbreak  against  them  occurred,  though  no  riots  of  importance 
have  taken  place  in  this  state.  During  the  period  of  railway  building  they 
were  imported  in  larger  numbers  than  ever  before.  The  Oregon  newspapers 
have  never  earnestly  entered  into  the  arguments  for  and  against  Chinese  im 
migration,  as  the  California  papers  have  done.  The  Or,  Deutsche  Zeituny  has 
published  some  articles  in  favor  of  it,  and  an  occasional  article  in  opposition 
has  appeared  in  various  journals:  but  there  had  not  been  any  violent  agita 
tion  on  the  subject  up  to  the  year  1881.  See  Boitse  Statesman,  April  20,  1867; 
Or.  Legist.  Docs,  1870,  doc.  11,  5-9;  Or.  Law*,  1870,  103-5;  Eugene  City 
Journal,  March  14,  1868;  S.  F.  Call,  Oct.  21,  1868;  McMiimville  Courier, 
Sept.  18,  1868;  8.  F.  Times,  Sept.  2,  1868,  Jan.  18, 1869;  Or.  Deutsche^eitung, 
July  17,  1869. 


CHINAMEN  AND  NEGROES.  665 

States  should  mine  in  Oregon,  except  by  paying  four 
dollars  per  quarter,  upon  receiving  a  license  from  the 
sheriff;  failing  in  the  payment  of  which  the  sheriff 
might  seize  and  sell  his  property.  Any  person  em 
ploying  Chinamen  to  work  in  the  mines  was  liable  for 
this  tax  on  all  so  employed.  Chinamen  complying 
with  the  law  should  be  protected  the  same  as  citizens 
of  the  United  States;  and  twenty  per  cent  of  such 
revenue  should  go  to  the  state.50 

With  the  laws  against  negroes  the  hand  of  the  gen 
eral  government  was  destined  to  interfere,  first  by  the 
abolition  of  slavery  in  all  United  States  territory,  and 
finally  when  citizenship  and  the  right  of  suffrage  were 
extended  to  the  colored  race.  The  resolution  of  con 
gress  providing  for  the  amendment  to  the  constitution 
of  the  United'  States  abolishing  slavery  was  passed 
February  1,  1865.  By  the  23d  of  September  seven 
teen  states  had  adopted  the  amendment.  Secretary 
Seward  wrote  to  Governor  Gibbs  asking  for  a  decis 
ion,  to  obtain  which  the  legislature  was  convened  at 
Salem  on  the  5th  of  December51  by  a  call  of  the 

50  Or.  Laws,  I860,  41-6.     In  1861  the  revenue  to  the  state  from  the  tax  on 
Chinamen  was  $539.25,  collected  in  the  counties  of  Jackson  and  Josephine;  or 
a  total  of  $10,785,  which  shows  a  mining  population  in  those  two  counties  of 
about  900.  Or.  Jour.  House,  1862,  ap.  65-6. 

51  This  was  the  same  elected  in  1864,  and  had  held  their  regular  session  in 
September  and  October  of  that  year.     It  consisted  of  the  following  members— 
Senate:  Baker  and  Umatilla  counties,  James  M.  Pyle;  Benton,  A.  G.  Hovey; 
Coos   Curry  and  Douglas,  G.  S.  Hinsdale;  Clatsop,  Columbia,  Washington, 
and  Tillamook,  Thos  E.  Cornelius;  Clackamas,  H.  W.  Eddy;  Douglas,  James 
Watson;  Jackson,  Jacob  Wagner;  Josephine,  C.   M.  Caldwell;  Lane,  C.  &. 
Chrismanand  S.  B.  Cranston;  Linn,  Bartlett  Curl  and  D.  W.  Ballard;  Marion, 
John  W.  Grim  and  William  Greenwood;  Multnomah,  J.  H.  Mitchell;  Folk, 
John  A.  Frazer;  Wasco,  L.  Donnel;  Yamhill,  Joel  Palmer. 

House-  Baker  county,  Samuel  Colt  and  Daniel  Chaplin;  Benton,  J.  Qumn 
Thornton  and  James  Gingles;  Coos  and  Curry,  Isaac  Hacker;  Clatsop,  Co 
lumbia,  and  Tillamook.  P.  W.  Gillette;  Clackamas,  E.  S.  8.  Fisher,  H  W. 
Shipley,  and  Owen  Wade;  Douglas,  E.  W.  Otey,  P.  C.  Parker,  and  A. 
Ireland;  Jackson,  James  D.  Fay,  T.  F.  Beall,  and  W.  F.  Songer;  Josephine, 
Isaac  Cox-  Lane,  G.  Callison,  J.  B.  Underwood,  and  A.  McCornack;  Linn, 
Robert  Glass,  J.  N.  Perkins,  J.  P.  Tate,  and  H.  A.  McCartney;  Marion,  I. 
R  Moores,  J.  C.  Cartwright,  J.  J.  Murphy,  and  H.  L.  Turner;  Multnomah, 
P  Wasserman  L.  H.  Wakefield,  and  John  Powell;  Polk,  James  S.  Holman, 
G!  Lafollet;  Umatilla,  L.  F.  Lane;  Wasco,  A.  J.  Borland;  Washington, 
W  Bowlby  and  D.  0.  Quick;  Yamhill,  Geo.  W.  Lawson  and  H.  VVarren. 
The  place  of  Wade  was  filled  in  1865  by  Arthur  Warner;  the  place  of  Lafol- 
It-t  by  Isaac  Smith;  the  place  of  Henry  Warren  by  J.  M.  Pierce.  Borland 
was  absent,  and  had  no  substitute.  Or.  Jour.  House,  1864  and  1865;  Or.  Jour. 
Senate,  1864;  National  Almanac,  1864. 


666  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

executive.  The  message  of  Governor  Gibbs  was  dig 
nified  and  argumentative  in  favor  of  the  abolition  of 
slavery.  It  was  impossible  to  get  a  unanimous  vote 
in  favor  of  the  measure,  on  account  of  the  democratic 
members  who  had  been  elected  by  the  disunion  ele 
ment.  The  amendment  was,  however,  adopted,  with 
only  seven  dissenting  votes  in  both  houses,52  by  a  joint 
resolution,  on  the  llth  of  December,  and  the  decision 
telegraphed  to  Washington. 

When  the  fourteenth  amendment  was  presented  to 
another  Oregon  legislature  in  the  following  year,  it  was 
adopted  with  even  less  debate,  and  the  clauses  of  the 
constitution  of  Oregon  which  discriminated  against 
the  negro  as  a  citizen  of  the  state  were  thereby  made 
nugatory.53 

The  remainder  of  the  political  history  of  Oregon 
will  be  brief,  and  chiefly  biographical.  The  republican 
party  of  the  United  States  in  1864  again  elected 
Abraham  Lincoln  to  be  president.  Oregon's  majority 
was  over  fourteen  hundred.  At  the  state  election  of 
this  year  J.  H.  D.  Henderson54  was  elected  repre- 

52 Gibbs  says,  in  his  Notes  on  Or.  Hist.,  MS.,  25,  that  'every  i-epublican 
except  one  voted  for  it,  and  every  democrat  against  it.' 

53  See  Or.  Jour.  Senate,  18GG,  25,  2(3,  27,  31,  3-1,  35,  56,  58,  61.     The  state 
senate  in  1806,  in  addition  to  Cranston,  Cornelius,  Donnell,  Hinsdale,  Palmer, 
Pyle,  and  Watson,  who  held  over,  consisted  of  the  following  newly  elected 
members:    Benton  county,  J.  R.  Bay  ley;  Baker,  S.  Isoii;  Clackamas,  W.  C. 
Johnson;    Grant,    L.    0.    Sterns;    Linn,    11.  H.    Crawford,    William   Cyrus; 
Lane,  H.  C.  Huston;  Marion,  Samuel  Brown,  J.  C.  Cartwright;  Multnomah, 
J.    N.    Dolph,   David   Powell;    Polk,    W.    D.    Jeffries;    Umatilla,  N.   Ford. 
House:  Baker,  A.  C.   Loring;  Baker  and  Union,   W.  C.   Hindman;    Benton, 

F.  A.  Chenoweth,  James  Gingles;  Clackamas,  J.  D.  Locey,  J.  D.  Garrett,  W. 
A.  Starkweather;  Clatsop,  Columbia,  and  Tillamook,  Cyrus  Olney;  Coos  and 
Curry,  F.  G.  Lockhart;  Douglas,  B.  Herman,  James  Cole,  M.  M.  Melvin;  Jack 
son,  E.  D.  Foudray,  Giles  Welles,  John  E.  Ross;  Josephine,  Isaac  Cox;  Mult 
nomah,  W.  W.  Upton,  A.  Rosenheim,  J.  P.  Garlick,  John  S.  White;  Marion, 
J.  I.  0.  Nicklin,  W.  E.  Parris,  C.  B.  Roland,  B.  A.  VVitzel,  L.  S.  Davis;  Po!k, 
J.  Stouffer,  J.  J.  Dernpsey,  William  Hall;   Grant,  Thos  H.  Brents,  M.  M. 
McKean;  Union,  James  Hendershott;  Umatilla,  T.  W.  Avery,  H.  A.  Gear; 
Wasco,  0.  Humason,  F.  T.   Dodge;   Yamhill,    J.   Lamson,  11.  B.  Laughlin; 
Lane,  John  Whiteaker,  J.  E.  P.  Withers,  R.  B.  Cochran;  Linn,  E.  B.  Moore, 

G.  R.  Helm,  J.  Q.  A.  Worth,  J.  R.  South,  W.  C.  Baird;  Washington,  G.  C. 
Day,  A.  Hinman.   Or.  Jour,  tienais,  186(5. 

54  Henderson  was  a  Virginian  aiid  a  Cumberland  presby terian  minister,  a 
modest  and  sensible  man  of  brains.     He  came  to  Oregon  in  1851  or  1852,  and 
resided  at  Eugene,  where  he  was  principal  of  an  academy  and  clerk  in  the 
surveyor-general's  office.  Deady's  Scrap-Book,  77. 


DEMOCRATS  AND 


sentative  to  congress;  J.  P.  Gazley,  George  L.  Woods, 
and  H.  N.   George,  presidential  electors.     The  sen 
ate  chose  George  H.  Williams  for  the  six  years'  term 
in  the  United  States  senate,  beginning  in  March  1865. 
With  the  close  of  the  war  for  the  union  the  politi 
cal  elements  began  gradually  to  reshape  themselves, 
many  of  the  union  party  who  had  been  Douglas  demo 
crats  before  the  war  resuming  their  place  in  the  demo 
cratic  ranks  when  the  danger  of  disunion  was  past.    To 
the  returning  ascendency  of  the  democratic  party  the 
republicans   contributed'  by  contests  for  place  among 
themselves.      In  18GG  A.  C.  Gibbs  and  J.  H.  Mitch- 
ell    were    both    aspirants    for    the    senatorship,    but 
Gibbs  received  the  nomination  in  the  caucus  of  the 
republican  members  of  the  legislature.     Opposed   to 
him  was  Joseph  S.  Smith,  democratic  nominee.     The 
balloting   was    long   continued    without    an    election, 
owino-  to  the  defection  of  three  members  whose  votes 
had  been  pledged.     When  it  became  apparent  that 
no  election  could  be  had,  the  name  of  H.  W.  Cor 
bett  was  substitued  for  that  of  Gibbs,  and  Corbett 
was   elected   on   the  sixteenth   ballot.     Corbett  was 
not  much  known  in  politics  except  as  an  unconditional 
union  man.    Personally  he  was  not  objectionable, 
labored  for  the  credit  of   his  state,  and  endeavored 
to   sustain  republican    measures  by  introducing  and 
laboring  for  bills  that  promoted  public  improvements/ 
In  1868  the  legislature  had  returned  to  something 
like  its  pre-rebellion  status,56  passing  a  resolution  in 
both  houses  requesting  senators  Williams  and 
bett  to  resign  for  having  supported  the  reconstruc 
tion  acts.57     The  senate  of  the  United  States  returned 
the  resolution  to  both  houses  of  the  Oregon  legisla- 

55  Henry  W.  Corbett  was  born  at  Westboro,  Mass.,  Feb.  1 8,  1827;  received 
an  academfc  education,  and  engaged  in  mercantile  pursuits,  first  m  New  \  ork 
and  then  in  Portland  in  1849,  where  he  acquired  a  hanf.some  fortune  He 
was  an  ardent  unionist  from  the  first.  Cong.  Directory,  31,  40th  cong.  2d L  sess. 

"There  were  13  democrats  and  9  republicans  m  the  senate,  ami  17  republi 
cans  and  30  democrats  in  the  house.   Camp's  Year-Bo^  18GiJ'  /,|J8: '    „-    n 

*  See  Williams'  speech  of  Feb.  4,  1868;  Or.  Jour.  Home,  1608,  123-oj  Or. 
Laws,  1868,  97-8. 


668  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

ture  by  a  vote  of  126  to  35.58  Williams  and  his  col 
league  secured  a  grant  of  land  for  the  construction  of 
a  railroad  from  Portland  to  the  Central  Pacific  rail 
road  in  California,  for  which  they  received  the  plaudits 
of  the  people,  and  especially  of  southern  Oregon. 
When  the  senatorial  term  of  the  former  expired  he 
was  appointed  attorney -general  of  the  United  States, 
and  afterward  chief  justice,  but  withdrew  his  name, 
and  retired  to  private  life  in  Portland. 

In  18G6  George  L.  Woods  was  elected  governor  in 
opposition  to  James  K.  Kelly.  To  avenge  this  injury 
to  an  old-line  democrat,  the  legislature  of  1868  59  con 
spired  to  pass  a  bill  redistricting  the  state  so  as  to 
increase  the  democratic  representation  in  certain  sec 
tions  and  decrease  the  republican  representation  in 

58  The  resolution  of  censure  just  mentioned  originated  in  the  house.  The 
senate  at  the  same  session  passed  a  resolution  rescinding  the  action  of  tlie 
legislature  of  13GG  assenting  to  the  fourteenth  amendment,  which  resolution 
was  adopted  by  the  house.  Or.  Jour.  Senate,  18G8,  32-6.  The  act  was  one  of 
political  enmity  merely,  as  the  legislature  of  18G8  had  no  power  to  annul  a 
compact  entered  into  for  the  state  by  any  previous  legislative  body.  The 
senate  of  Oregon  assumed,  however,  than  any  state  had  a  right  to  withdraw 
up  to  the  moment  of  ratification  by  three  fourths  of  all  the  states;  and  that 
the  states  of  Arkansas,  Florida,  Louisiana,  Alabama,  South  Carolina,  and 
Georgia  were  created  by  a  military  despotism  against  the  will  of  the  legal 
voters  of  those  states,  and  consequently  that  the  acts  of  their  legislatures 
were  not  legal,  and  did  not  ratify  the  fourteenth  amendment.  The  secretary 
of  state  for  Oregon  was  directed  to  forward  certified  copies  of  the  resolution 
to  the  president  and  secretary,  and  both  houses  of  congress.  But  nothing 
appears  in  the  proceedings  of  either  to  show  that  the  document  ever  reached 
its  destination. 

5tf  Senate:  Baker  county,  S.  Ison;  Washington,  Columbia,  Clatsop,  and 
Tillamook,  T.  K.  Cornelius;  Benton,  J.  R.  Bay  ley;  Umatilla,  N.  Ford; 
Ciackamas,  D.  P.  Thompson;  Union,  James  Hendershott;  Douglas,  Coos, 
and  Curry,  B.  Herman,  C.  M.  Pershbaker;  Josephine,  B.  F.  Holtzclaw; 
Yamhi.l,  S.  C.  Adams;  Jackson,  J.  N.  T.  Miller;  Lane,  H.  C.  Huston,  R.  B. 
Cochran;  Linn,  Win  Cyrus,  R.  H.  Crawford;  Marion,  Samuel  Miller,  Sam 
uel  Brown;  Multnomah,  Lansing  Stout;  Polk,  B.  F.  Burch,  president. 

House:  Baker,  R.  Beers;  Benton,  J.  C.  Alexander,  R.  A.  Bensal;  Baker 
and  Union,  D.  R.  Benson;  Ciackamas,  J.  W.  Garrett,  D.  P.  Trullinger; 
Coos  and  Curry,  Richard  Pendergast;  Columbia,  Clatsop,  and  Tillamook,  W. 

D.  Hoxter;  Douglas,  John   G.    Flook,  James  F.  Gazley,  James  Applegate; 
Grant,  R.  W.  Ncal,  Thomas  E.  Gray;  Jackson,  J.  B.  White,  Thomas  Smith, 
J.  L.  Louden;  Josephine,  Isaac  Cox;  Lane,  John  Whiteaker,  H.  H.  Gilfrey, 

E.  N.  Tandy;  Linn,  John  T.  Crooks,  John  Bryant,  B.   B.  Johnson,  W.  F. 
Alexander,  T.  J.  Stites;  Marion,  John  F.  Denny,  J.  B.  Lichtenthaler,  T.  W. 
Davenport,  John  Minto,  David  Simpson;  Multnomah,  W.  W.  Chapman,  T. 
A.   Davis,  James  Powell,  J.    S.  Scoggins;  Polk,  R.  J.  Grant,  F.  Waymire, 
Ira  S.  Townsend;  Umatilla,  A.  L.  Kirk;  Union,  H.   Rhinehart;  Wasco,  D. 
W.  Butler,  George  J.  Ryan;  Washington,  John  A.  Taylor,  Edward  Jackson; 
Yamhill,  W.  W.  Brown,   G.  W.  Burnett;   speaker,   John  Whiteaker.  Or. 
Jour.  Senate,  1868,  4-5;  Or.  Jour.  Home,  1868,  4-5. 


LEGISLATURE  AND  ELECTIONS.  669 

others,  having  for  its  object  the  election  of  a  demo 
cratic  United  States  senator  in  1870;  and  further,  to 
recount  the  gubernatorial  vote  of  1866,  to  count  out 
Woods  and  place  Kelly  in  the  office  of  governor. 
This  return  to  the  practices  of  the  'political  zouaves' 
of  the  days  of  the  Salem  clique,  amounting  in  this 
case  to  revolution,  was  thwarted  by  the  republican 
minority  under  the  direction  of  Woods.  In  order  to 
carry  their  points,  the  democrats  endeavored  to  pro 
long  the  session  beyond  the  constitutional  forty  days, 
by  deferring  the  general  appropriation  bill,  and  did  so 
prolong  it  to  the  forty-third  day,  when  fifteen  repub 
licans  ^resigned  in  a  body,  leaving  the  house  without 
a  quorum,  and  unable  to  pass  even  a  bill  to  pay  their 
per  diem.  In  this  dilemma,  they  demanded  that  the 
governor  should  issue  writs  of  election  to  make  a 
quorum;  but  this  was  refused  as  unconstitutional  after 
the  forty  days  were  passed,  and  the  house,  without 
the  power  even  to  adjourn,  fell  in  pieces.63 

The  representative  to  congress  elected  in  1866  was 
Rufus  Mallory,  republican,  who  defeated  his  opponent, 
James  D.  Fay,  by  a  majority  of  six  hundred.61 

In  1868  the  republican  candidate,  David  Logan, 
was  beaten  by  Joseph  S.  Smith,  whose  majority  was 
nearly  twelve  hundred,62  owing  partly  to  the  unpop 
ular  standing  of  Logan  even  with  his  own  party,63  as 

60  Or.  Jour.  House,  1868,  527-54;   Wood's  Recollections,  MS.,  35-8. 

61  Rufus  Mallory  was  a  native  of  Coventry,  N.  Y.,  born  January  10,  1831. 
He  received  an  academic  education,  and  studied  and  practised  law.     He  was 
dist  atty  in  the  1st  jud.  dist  in  Oregon  in  1SGO,  and  in  the  3d  jud.  dist  from 
1S62  to  18GG;  and  was  a  member  of  the  state  leg.  in  1802.   Congress.  Directory, 
40th  cong.  2d  sess.,  p.  31.     James  D.  Fay  married  a  daughter  of  Jesse  Apple- 
gate.     His  habits  were  bad,  and  he  committed  suicide  at  Coos  Bay.     He  was 
talented,  erratic,  and  unprincipled. 

62  Smith  ( 
odist  church 


the  country,  „  w 

1852.  He  was  in  18G4  agent  for  the  Salem  Manufacturing  Company,  in 
which  he  was  a  large  stockholder.  He  is  described  as  a  reserved  man,  not 
much  read  in  elementary  law,  but  an  acute  reasoner  and  subtle  disputant. 
Deady's  Scrap- Book,  81. 

03  The  federal  officers  in  Oregon  in  1868  were:  district  judge,  Matthew  P. 
Deady;  marshal,  Albert  Zeiber;  clerk,  Ralph  Wilcox;  collector  of  the  port 
of  Astoria,  Alanson  Hinman;  surveyor-general,  Elisha  Applegate;  register  of 
laud-office,  Roseburg,  John  Kelly  (A.  R.  Flint,  receiver);  register,  Oregon 


670  POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

was  shown  by  the  presidential  vote  in  the  following 
November,  which  gave  a  democratic  majority  of  only 
160  for  presidential  electors  out  of  22,000  votes  cast 
by  the  state. 

"in  1870  L.  F.  Grover,  who  ever  since  1864  had 
been  president  of  the  democratic  organization  of  the 
state,  was  elected  governor  of  Oregon,  with  S.  F. 
Chad  wick  as  secretary.64 

The  legislature  of  1870,  following  the  example  of 
its  immediate  predecessor,  rejected  the  fifteenth  amend 
ment  to  the  constitution  of  the  United  States,  which 
extended  the  elective  franchise  to  negroes.  The  man 
ner  of  the  rejection  was  similar  to  that  of  the  rescind 
ing  resolutions  of  1868,  and  like  them,  a  mere  impo 
tent  expression  of  the  rebellious  sentiments  of  the 
ultra-democratic  party  in  Oregon.65  It  had  no  effect 
to  prevent  negroes  in  Oregon  from  voting,  of  whom 
there  were  at  this  time  less  than  350.  It  also,  in 
obedience  to  party  government,  provided  for  the  ap 
pointment  of  three  commissioners  to  investigate  the 
official  conduct  of  the  state  officers  of  the  previous  ad 
ministration,  succeeding  in  discovering  a  defalcation 
by  Secretary  May  of  several  thousand  dollars,66 

City,  Owen  Wade  (Henry  Warren,  receiver);  supt  Incl.  aff.,  J.  W.  P. 
Huntington;  chief  clerk  Incl.  dept,  C.  S.  Woodworth;  assessor  int.  rev.,  Thomas 
Frazar;  collector  int.  rev.,  Medorum  Crawford;  deputy  assessor,  William 
Grooms;  deputy  col.,  Edwin  Backenstos. 

The  district  judges  of  the  supreme  court  of  Oregon  at  this  time,  beginning 
with  the  northern  districts,  were:  4th  dist,  W.  W.  Upton;  oth  dist,  J.  G. 
Wi.son  (east  of  the  Cascade  mts);  3d  dist,  R.  P.  Boise;  2d  dist,  A.  A. 
Skinner;  1st  dist,  P.  P.  Prim.  The  dist  attys  in  the  same  order  were 
M.  F.  Mulkey,  James  H.  Slater,  P.  C.  Sullivan,  J.  F.  Watson,  J.  R.  Neil. 
McCormick'*  Portland  Dir. ,  1808,  109;  Camp's  Year-Book,  1809,  434. 

64  L.  Fleischner  was  elected  treasurer,  R.  P.  Boise  was  1'eelected  judge, 
and  A.  J.  Thayer  and  L.  L.  Me  Arthur  to  succeed  Skinner  and  Wilson.     Id., 
app.  11. 

65  Or.  Laws,  1870,  190-1;  Ren.  Mine.  DOCK,  56,  41st  cong.  3d  sess.;  Gov. 
Menage,  in  Or.  Ler/is.  Docs,  1870,  doc.  11,  p.  9. 

6(5  The  investigation  lasted  a  year,  at  $5  per  day  each  to  the  commissioners 
for  the  time  necessarily  employed  in  making  the  investigation.  They  brought 
in  a  report  against  May,  and  also  some  absurd  charges  that  the  governor  had 
made  more  visits  to  the  penitentiary  than  his  duty  required,  at  the  expense 
of  the  state,  with  other  insignificant  matters.  They  discovered  that  C.  A. 
Reed,  the  adjutant-general  of  the  militia  organization,  had  purchased  two  gold 
pens,  not  needed,  his  office  being  abolished  by  the  same  body  which  com 
missioned  them,  at  an  expense  of  $1,3  a  day,  to  discover  these  two  pens. 

Legislative  assembly  of    1870— Senate:    Baker  county,    A.    H.    Brown; 


FINANCES.  671 


through  embezzlement  of  the  five-per-cent  fund  before 
mentioned. 

When  Governor  Grover  came  into  office  he  found 
the    treasury  containing    sufficient    funds,  less   some 
$6,000,  to  defray  the  expenses  of  the  state's  affairs  for 
the  next  two  years.     The  legislature  at  once  made  an 
appropriation"^  build  the  penitentiary  in  a  permanent 
form,  and  appropriated  money  from  the  five-per-cent 
fund  for  the  construction  of  a  steamboat  canal  with 
locks,  at  the  falls  of  the  Willamette.     A  small  amount 
was  also  devoted  to  the  organization  of  the  agricultu 
ral  college,  thereby  securing  the  land  grant  belonging 
to  it.     The  legislature  of  1872  passed  an  act  provid 
ing  for  the  construction  of  a  state  capitol,  and  appro 
priated  $100,000  to  be  set  apart  by   the  treasurer, 
to  be  designated  as  the  state-house  building  fund;  but 
for  the  purpose  of  providing  funds  for  immediate  use, 
the  treasurer  was  authorized  to  transfer  $50,000  from 
the  soldiers'-bounty  fund  to   the  building  fund,  that 
the  work  might  be  begun  without  delay.     The  same 
legislature  passed  an  act  organizing  and  locating  the 
state  university  at  Eugene  City,  on  condition  that  a 
site  and  building  were  furnished  by  the  Union  Uni- 

Douelas,  L.  F.  Mosher;  Coos  and  Curry,  C.  M.  Pershbaker;  Jackson 
JamSs  D.  Fay;  Josephine,  B.  F.  Holtzclaw;  Lane,  A.  W.  Patterson,  R. 
B.  Cochran;  Linn,  Enoch  Hoult,  R.  H.  Crawford;  Marion,  Samuel  Brown, 
John  H.  Moores;  MuUnomah,  Lansing  Stout,  David  Powell;  Clackatnas,  D. 
P  Thompson;  Polk,  B.  F.  Burch;  Grant,  J.  VV.  Baldwin;  Umatilla,  1.  T. 
Lieuallen;  Union,  J.  Hendershott;  Wasco,  Victor  Trevitt;  Washington,  Co 
lumbia,  Clatsop,  and  Tillamook,  T.  R.  Cornelius;  Yamhill,  W.  T  Newby; 
Benton,  R.  S.  Strahan.  President,  James  D.  Fay;  clerks,  Syl.  G.  bimpson 
and  Orlando  M.  Packard. 

House:  Baker,  H.  Porter;  Baker  and  Union,  J.  R.  McLain;  Benton,  D. 
Carlisle  W.  R.  Calloway;  Clackamas,  Peter  Paquet,  W.  A.  Starkweather,  J. 
T  Apperson;  Clatsop,  Columbia,  and  Tillamook,  Cyrus  Olney;  Coos  and 
Currv  F  G.  Lockhart;  Douglas,  James  C.  Hutchinson,  C.  M.  Caldwell,  J.  C. 
Drain;  Grant,  J.  M.  McCoy,  W.  H.  Clark;  Jackson,  Jackson  Rader,  James 
Wells  A.  J.  Burnett;  Lane,  John  Whiteaker,  G.  B.  Dorris,  James  F.  Amis; 
Linn  W  F  Alexander,  G.  R.  Helm,  Thomas  Munkers,  John  Ostrander,  W. 
S.  Elkins;  Marion,  T.  W.  Davenport,  R.  P.  Earhart,  J.  M.  Harrison,  G.  P. 
Holman,  W.  R.  Dunbar;  Multnomah,  J.  W.  Whailey,  Dan.  O  Regan,  L.  1 . 
W  Quimby,  John  C.  Carson;  Polk,  B.  Haydeu,  R.  J.  Grant,  W.  Comegys; 
Union  J  T.  Hunter;  Umatilla,  Johnson  Thompson,  F.  A.  Da  Sheill;  \V  ash- 
ington  W.  D.  Hare,  W.  A.  Mills;  Wasco,  James  Fulton,  0.  S.  Savage; 
Yamhill,  Al.  Hussey,  Lee  Loughlin.  Speaker,  Ben  Hayden;  clerks,  E.  S. 
McComas,  John  Costello,  W.  L.  White,  and  John  T.  Crooks.  Or.  Jour.  Sen 
ate,  1870,  4-6,  13;  Directory  Pac.  Coast,  1871-3,  111. 


i: 


672          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

versity  Association ;  and  setting  apart  the  interest  on 
the  fund  arising  from  the  sale  of  seventy-two  sections 
of  land  donated  to  the  state  for  the  support  of  the 
university  for  the  payment  of  the  salaries  of  teachers 
and  officers. 

These  were  all  measures  important  to  the  welfare 
and  dignity  of  the  state,  and  gave  to  Grover's  admin 
istration  the  credit  of  having  the  interests  of  the  peo- 
>le  at  heart.  An  agricultural  college  was  established 
y  simply  paying  for  the  tuition  of  twenty-three  pu 
pils  at  an  ordinary  academy,  at  ordinary  academy 
charges.67  A  university  was  established,  by  requiring 
the  town  where  it  was  located  to  furnish  a  site  and  a 
building,  and  paying  the  faculty  out  of  the  university 
fund.  The  Modoc  war,  also,  which  occurred  during 
Grover's  term  of  office,  added  some  consequence  to 
his  administration,  which,  excepting  that  of  Governor 
Gibbs,  was  the  most  busy,  for  good  or  evil,  of  any 
which  had  occurred  in  the  history  of  the  state.  In 
1874  Grover  was  reflected,  over  J.  C.  Tolrnan,  repub 
lican,  and  T.  F.  Campbell,  independent.63 

In  1872  the  republicans  in  the  legislature  elected 
John  H.  Mitchell  to  succeed  Corbett  in  the  U.  S. 
senate.  He  served  the  state  ably.69 

67  Or.  Governor's  Message,  1872,  3-10;   Or.  Laws,  1872,  47-53;  Grvver'a 
Pub.  Life  in  Or.,  MS.,  72. 

68  Grover's  opponent  in  1870  was  Joel  Palmer,  who  was  not  fitted  for  the 
position,  being  past  his  prime.     In  1874  Grover's  majority  over  Tolman  was 
550.     Campbell  simply  divided  the  vote,  and  was  beaten  by  3,181.     He  was 
a  preacher  of  the  Christian  church,  and  president  of  Monmouth  college,  of 
which  he  was  also  the  founder,  and  which  became  a  prosperous  school. 

69  Mitchell  was  born  in  Penn.  June  22,  1835,  receiving  a  fair  education, 
and  studying  law,  which  he  practised  in  his  native  state.     Appearing  in  Ore 
gon  in  1860,  at  the  moment  when  his  talents  and  active  loyalty  could  be  made 
available,  he  rapidly  rose  in  favor  with  his  party,  and  was  appointed  prose 
cuting  attorney  for  the  4th  jud.  dist,  in  place  of  VV.  W.  Page,  resigned,  but 
declined,  and  in  1864  was  elected  state  senator.     From  this  time  he  was  a 
leader  in  politics,  and  a  favorite  among  men,  having  many  pleasing  personal 
qualities.    After  having  been  chosen  senator,  a  scandal  was  discovered  which 
dismayed  the  republicans  and  gave  the  independents  that  which  they  desired, 
a  strong  leverage  against  the  old  party,  which  was  split  in  consequence,  the 
breach  made  being  so  violent  that  at  the  next  senatorial  election  they  lost 
the  battle  to  the  democrats.     Mitchell  was  not  unseated,  however,  as  had 
been  hoped.     At  the  expiration  of  his  term  he  resumed  the  practice  of  the 
law,  first  in  Washington  city,  and  later  in  Portland,  where  he  achieved  his 
first  political  honors,  and  where  the  field  is  open  to  talent  to  distinguish  itself. 


PECULATIONS.  673  > 

On  the  meeting  of  the  legislature  of  1876,  there 
being  a  United  States  senator  to  be  elected,  the  choice 
lay  between  Jesse  Applegate  and  Grover.  The  first 
ballot  in  the  seriate  gave  Applegate  seven  and  Grover 
twenty  votes,  with  two  votes  scattering.  The  first 
ballot  in  the  house  gave  twenty-seven  for  Applegate 
and  twenty-five  for  Grover,  with  seven  for  J.  W. 
Nesmith.  In  joint  convention  Nesmith  received  on 
some  ballots  as  many  as  fourteen  votes.  But  the 
democrats  were  chiefly  united  on  Grover  and  the  re 
publicans  on  Applegate;  and  at  length  the  friends  of 
Nesmith  gave  way,  that  the  candidate  of  their  party 
might  succeed,  and  Grover's  vote  rose  from  forty-two 
to  forty-eight,  by  which  he  was  elected.  In  Febru 
ary  1877  he  resigned  the  office  of  governor,  and  took 
his  place  in  the  U.  S.  senate,70  S.  F.  Chadwick  suc 
ceeding  to  the  gubernatorial  office. 

In  the  mean  time  there  was  a  growing  uneasiness 

O  O 

in  the  public  mind,  arising  from  the  conviction  that 
there  was  either  mismanagement  or  fraud,  or  both,  in 
the  state,  land,  and  other  departments,  and  the  legis 
lature  of  1878  appointed  a  joint  committee  to  examine 
into  the  transactions  of  the  various  offices  and  de- . 
partments  of  the  state  government.  The  commission 
published  its  report,  and  the  impression  got  abroad 
that  a  system  of  peculation  had  been  carried  On  for 
some  time  past,  in  which  serious  charges  were  made; 
but  notwithstanding  the  numerous  accusations  against 

O  O 

the  several  state  officials,  there  was  not  sufficient  evi 
dence  to  prove  that  moneys  had  been  illegally  drawn 
from  the  public  funds.  Nevertheless,  the  administra- 
tion  suffered  in  reputation  in  consequence  of  the  re 
port.  The  scandal  created  was  doubtless  tinged  by 
partisan  spirit,  more  or  less.  The  improvement  in 
the  affairs  of  the  government  was  substantial  and 
noteworthy,  and  at  a  later  date  credit  was  not  un- 

70  See  Sen.  Com.  Sept,  536,  548,  561,  627,  678,  44th  cong.  2d  sess.;  also, 
Proceeding?  of  the  Electoral  Commission,  and  Cong.  Globe.  1876-7,  74-5,  209-10, 
app.  132,  188,  192;  Portland  Oregonian,  Jan.  27,  1877.' 
HIST.  OR.,  VOL.  II.    43 


674         POLITICAL,   INDUSTRIAL,  AND  INSTITUTIONAL. 

willingly  conceded  to  the  administration,  the  course 
of  which  had  been  temporarily  clouded  by  hurtful 
though  unsubstantiated  complaints.71 

The  elevation  of  Grover  to  the  U.  S.  senate  left 
Stephen  F.  Chad  wick  in  the  gubernatorial  chair,  which 
he  filled  without  cause  for  dissatisfaction  during  the 
remainder  of  the  term.  During  Chadwick's  adminis 
tration  eastern  Oregon  was  visited  by  an  Indian  war. 
During  this  interval  the  depredations  caused  were 
very  severe,  and  the  loss  to  the  white  settlers  of  prop 
erty  was  immense,  a  full  history  of  which  will  be  in 
cluded  in  those  described  in  my  History  of  Washington, 
Idaho,  and  Montana. 

One  by  one  the  former  democratic  aspirants  for 
place  reached  the  goal  of  their  desires.  Joseph  S. 
Smith  was  succeeded  in  congress  by  James  H.  Slater, 
who  during  the  period  of  the  rebellion  was  editor  of 
the  Corvallis  Union,  a  paper  that,  notwithstanding 
its  name,  advocated  disunion  so  as  to  bring  itself 
under  the  notice  of  the  government,  by  whose  author 
ity  it  was  suppressed.72 

The  successor  of  Slater  was  Joseph  G.  Wilson,73 
who  died  at  the  summer  recess  of  congress  in  1873. 
A  special  election  chose  J.  W.  Nesmith  to  fill  the 
vacancy,  who,  though  a  democratic  leader,  had  es 
chewed  some  of  the  practices  of  his  party,  if  not  the 

71  For  a  report  of  the  proceedings  of  the  investigating  committee,  see  Or. 
Legist.  Docs,  1878;  Portland  Oregonian,  Dec.  30,  1878. 

72  James  H.  Slater  was  a  native  of  111.,  born  in  1827.     He  came  to  Cal.  in 
1840,  and  thence  to  Oregon  in  1850,  residing  near  Corvallis,  where  he  taught 
school  and  studied  law,  the  practice  of  which   he  commenced  in  18.38.     He 
was  elected  to  the  legislature  several  times.     He  removed  to  eastern  Oregon 
in  1862,  engaging  in  mining  for  a  time,  but  finally  settled  at  La  Grande.  Axh- 
land  Tidings,  Sept.  20,  1878. 

73  Wilson  was  born  in  New  Hampshire  Dec.  13,  1826,  the  son  of  a  dissent 
ing  Scotch  presbyterian,  who  settled  in  Londonderry  in  17 1C.     His  parents 
removed  to  Cincinnati  in    1826,  settling  afterward   near  Reading,   Joseph 
receiving  his  education  at  Marietta  college,  from  which  he  graduated  with 
the  degree  of  LL.  D.    He  entered  the  Cincinnati  law  school,  from  which  he 
graduated  in  1852  and  went  to  Oregon.     He  rose  step  by  step  to  be  congress 
man.     His  wife  was  Elizabeth  Millar,  daughter  of  Rev.  James  P.  Millar  of 
Albany,  a  talented  and  cultivated  lady,  who,  after  her  husband's  untimely 
death,  received  a  commission  as  postmaster  at  The  Dalles,  which  she  held 
for  many  years. 


CONGRESSMAN  AND  GOVERNOR.  675 

love  of  office.  His  majority  was  nearty  2,000  over 
his  opponent,  Hiram  Smith.  He  was  in  turn  suc 
ceeded  by  George  La  Dow,74  a  man  little  known  in 
the  state,  and  who  would  not  have  received  the  nom 
ination  but  for  the  course  of  the  Oregonian  in  making 
a  division  in  the  republican  ranks  and  running  Rich 
ard  Williams,  while  the  regular  party  ran  T.  W. 
Davenport.  The  vacancy  caused  by  the  death  of  La 
Dow  was  filled  by  La  Fayette  Lane,  specially  elected 
October  25,  1875.  At  the  next  regular  election,  in 
1876,  Richard  Williams73  received  a  majority  of  votes 
for  representative  to  congress,  serving  from  March 
1877  to  March  1879.  He  was  succeeded  by  ex-Gov 
ernor  John  Whiteaker,  democrat,  and  he  by  M.  C. 
George,  republican,  who  has  been  returned  the  sec 
ond  time. 

In  1878  the  republicans  again  lost  their  choice  for 
governor  by  division,  and  C.  C.  Beekman  was  defeated 
by  W.  W.  Thayer,76  who  was  followed  by  Z.  F. 
Moody 77  in  1882.  The  U.  S.  senator  elected  in  1882, 

74 George  A.  La  Dow  was  born  in  Cayuga-co.,  N.  Y.f  March  18,  1826.  Ilia 
father  emigrated  to  111.  1839,  where  George  was  educated  for  the  practice  of 
law.  Subsequently  settling  in  Wisconsin,  he  was  elected  dist  atty  for  Wau- 
paca  co.  In  1869  he  came  to  Oregon  and  settled  in  Umatilla  co.,  being  elected 
representative  in  1872.  8.  F.  Examiner,  in  Sa.'em  Statesman,  June  13,  1874. 

75  Richard  Williams  was  a  son  of  Elijah  Williams,  a  pioneer.     He  was  a 
young  man  of  irreproachable  character  and  good  talents,  a  lawyer  by  profes 
sion,  who  had  been  appointed  dist  titty  in  1867.  S.  F.  Calf,  March  24,  1867. 

76  W.  W.  Thayer,  a  brother  of  A.  J.  Thayer,  was  born  at  Lima,  N.  Y., 
July  15,    1827.     He  received  a  common-school  education,  and  studied  law, 
being  admitted  to  the  bar  by  the  sup.  ct  at  Rochester,  in  March  1851.     He 
subsequently  practised  at  Tonawanda  and  Buffalo,  until  1862,  when  lie  came 
to  Oregon,  intending  to  settle  at  Corvallis.     The  mining  excitement  of  186;J 
drew  him  to  Idaho;  he  remained  at  Lewiston  till  1867,  when  he  returned  to 
Oregon  and  settled  in  East  Portland,  forming  a  law  partnership  with  Richard 
Williams.     He  was  a  member  of  the  Idaho  legislature  in  1866,  and  was  also 
dist  atty  of  the  3d  jud.  dist.     During  his  administration  as  governor,  the 
state  debt,  which  had  accumulated  under  the  previous  administration,  was 
paid,  and  the  financial  condition  of  the  state  rendered  sound  and  healthy. 
The  insane  asylum  was  commenced  with  Thayer  as  one  of  a  board  of  com 
missioners,  and  was  about  completed  when  his  term  expired.     It  is  an  impos 
ing  brick  structure,  capable  of  accommodating  400  or  500. 

77  Zenas  Ferry  Moody  was  a  republican  of  New  England  and  revolutionary 
stock,  and  has  not  been  without  pioneer  experiences,  coming  to  Oregon  in 
1851.     He  was  one  of  the  first  U.  S.  surveying  party  which  established  the 
initial  point  of  the  Willamette  meridian,  and  continued  two  years  in  the  ser 
vice.     In  1853  he  settled  in  Brownsville,  and  married  Miss  Mary  Stephenson, 
their  children  being  four  sous  and  one  daughter.     In  1856  he  was  appointed 


676          POLITICAL,  INDUSTRIAL,  AND  INSTITUTIONAL. 

after  a  severe  and  prolonged  contest  between  the 
friends  of  J.  H.  Mitchell  and  the  democracy,  uniting 
with  the  independents,  was  Joseph  N.  Dolph,78 
Mitchell's  former  partner  and  friend. 

The  time  has  not  yet  come,  though  it  is  close  at 
hand,  when  Oregon-born  men  shall  fill  the  offices  of 
state,  and  represent  their  country  in  the  halls  of  the 
national  legislature.  Then  the  product  of  the  civili 
zation  founded  by  their  sires  in  the  remotest  section 
of  the  national  territory  will  become  apparent.  Sec 
tionalism,  which  troubled  their  fathers,  will  have  dis 
appeared  with  hostility  to  British  influences.  Homo 
geneity  and  harmony  will  have  replaced  the  feuds 
of  the  formative  period  of  the  state's  existence.  A 
higher  degree  of  education  will  have  led  to  a  purer 
conception  of  public  duty.  Home-bred  men  will  repel 
adventurers  from  other  states,  who  have  at  heart  no 
interests  but  their  individual  benefits. 

When  that  period  of  progress  shall  have  been 
reached,  if  Oregon  shall  be  found  able  to  withstand 
the  temptations  of  too  great  wealth  in  her  morals,  and 
the  oppressiveness  of  large  foreign  monopolies  in  her 
business,  she  will  be  able  fully  to  realize  the  most 
sanguine  expectations  of  those  men  of  destiny,  the 
Oregon  Pioneers. 

inspector  of  U.  S.  surveys  in  Cal.,  afterward  residing  for  some  time  in  111., 
but  returning  to  The  Dalles  in  1802.  The  country  being  in  a  state  of  rapid 
development  on  account  of  the  mining  discoveries  in  the  eastern  part  of  the 
state  and  in  Idaho,  he  established  himself  at  Umatilla,  where  he  remained  in 
business  for  three  years.  In  the  spring  of  1866  he  built  the  steamer  Mary 
Moody  on  Pend  d'Oreille  Lake,  and  afterward  aided  in  organizing  the  Oregon 
and  Montana  Transportation  Company,  which  built  two  other  steamboats, 
and  improved  the  portages.  In  1867  he  was  merchandising  in  Boise"  City,  re 
turning  to  The  Dalles  in  1869,  where  he  took  charge  of  the  business  of  Wells, 
Fargo  &  Co.  At  a  later  period  he  was  a  mail  contractor,  and  ever  a  busy  and 
earnest  man.  He  was  elected  in  1872  to  the  state  senate,  and  in  1880  to  the 
lower  house,  being  chosen  speaker.  In  1882  he  was  nominated  for  governor, 
and  elected  over  Joseph  H.  Smith  by  a  majority  of  1,452  votes.  Representa 
tive  Men  of  Or.,  1-111. 

78  Dolph  was  born  in  1835,  in  N.  Y.,  and  educated  at  Genessee  college, 
after  which  he  studied  law.  He  came  to  Oregon  in  1862,  where  his  talenta 
soon  made  him  prominent  in  his  profession,  and  secured  him  a  lucrative  prac 
tice.  He  married,  in  1864,  a  daughter  of  Johnson  Mulkey,  a  pioneer  of  1847, 
by  whom  he  had  6  children.  At  the  time  of  his  election  he  was  attorney  for 
and  vice-president  of  the  Northern  Pacific  railroad. 


CHURCHES  AND  CHURCH  SCHOOLS. 

THE  early  history  of  the  Methodist  Church  is  the  history  of  the  first 
American  colonization,  and  has  been  fully  given  in  a  former  volume;  but  a 
sketch  of  the  Oregon  methodist  episcopal  church  proper  must  begin  at  a  later 
date.  From  1844  to  1853  the  principal  business  transactions  of  the  church 
were  at  the  yearly  meetings,  without  any  particular  authority  from  any  con 
ference. 

On  the  5th  of  September,  1849,  the  Oregon  and  California  Mission  Confer 
ence  was  organized  in  the  chapel  of  the  Oregon  Institute,  Salem,  by  author 
ity  of  the  general  conference  of  1848,  by  instructions  from  Bishop  Waugh, 
and  under  the  superintendence  of  William  Roberts.  The  superintendents  of 
the  Oregon  Mission  were,  first,  Jason  Lee,  1834-1844;  George  Gary,  1844- 
1847;  William  Roberts,  1847-1849,  when  the  Mission  Conference  succeeded 
the  Oregon  Mission,  under  Roberts.  The  mission  conference  included  New 
Mexico,  and  possessed  all  the  rights  and  privileges  of  othersimilar  bodies,  except 
those  of  sending  delegates  to  the  general  conference  and  drawing  annual  divi 
dends  from  the  avails  of  the  book-concerns  and  chartered  funds.  Four  sessions 
were  held,  the  first  three  in  Salem,  and  the  fourth  at  Portland.  Under  the 
mission  conference  the  following  ministers  were  appointed  to  preach  in  Ore 
gon:  i;i  1849-50,  W.  Roberts,  David  Leslie,  A.  F.  Waller.  J.  H.  Wilbur,  J. 
L.  Parrish,  William  Helm,  J.  0.  Raynor,  J.  McKinney,  C.  0.  Hosford,  and 
J.  E.  Parrott;  in  1850-1,  I.  McElroy,  F.  S.  Hoyt,  and  N.  Doane  were  added; 
in  1851-2,  L.  T.  Woodward,  J.  S.  Smith,  J.  Flinn,  and  J.  W.  Miller;  in  1852 
-3,  Isaac  Dillon,  C.  S.  Kingsley,  P.  G.  Buchanan,  and  T.  H.  Pearue — never 
more  than  fourteen  being  in  the  field  at  the  same  time. 

In  March  1853  Bishop  E.  R.  Ames  arrived  in  Oregon,  and  on  the  17th  the 
Oregon  Annual  Conference  was  organized,  including  all  of  Oregon  and  Wash 
ington,  which  held  its  first  session  at  Salem,  and  gave  appointments  to  twenty- 
two  ministers,  including  all  of  the  above-named  except  Leslie,  Parrish,  Helm, 
McElroy,  McKinney,  and  Parrott,  and  adding  G.  Hines,  H.  K.  Hines,  T.  F. 
Royal,  G.  M.  Berry,  E.  Garrison,  B.  Close,  and  W.  B.  Morse.  Since  1853 
there  have  been  from  thirty-three  to  seventy-four  preachers  annually  furnished 
appointments  by  the  conference.  In  1873  the  conference  was  divided,  and 
Washington  and  eastern  Oregon  set  off,  several  of  the  pioneer  ministers  being 
transferred  to  the  new  conference.  According  to  a  sketch  of  church  history 
by  Roberts,  there  were,  in  187G,  3,249  church  members,  and  683  on  probation; 
74  local  preachers;  CO  churches,  valued  at  $107,750;  parsonages  valued  at 
$29,850;  Sunday-schools,  78;  pupils,  4,469;  teachers,  627;  books  in  Sunday- 
school  libraries,  7,078,  besides  periodicals  taken  for  the  use  of  children.  The 
first  protestant  church  edifice  erected  on  the  Pacific  coast,  from  Cape  Horn 
to  Bering  Strait,  was  the  methodist  church  at  Oregon  City,  begun  in  1842  by 
Waller,  and  completed  in  1844  by  Hines.  Abernethy  added  a  bell  in  1851, 
weighing  over  500  pounds,  the  largest  then  in  the  territory.  He  also  pur 
chased  two  smaller  ones  for  the  churches  in  Salem  and  Portland,  and  one 
for  the  Clackamas  academy  at  Oregon  City.  Or.  Statesman,  July  4,  1851. 
These  were  not  the  first  bells  in  Oregon,  the  catholics  having  one  at  Cham- 
poeg,  if  not  others.  Religious  services  were  held  in  Salem  as  early  as  1841,  at 
the  Oregon  Institute  chapel,  which  served  until  the  erection  of  a  church,  which 
was  dedicated  January  23,  1853,  and  was  at  this  time  the  best  protestant 

(677) 


678  CHURCHES  AND  CHURCH  SCHOOLS. 

house  in  Oregon.  Home  Missionary,  xxvi.  115-6.  About  1871  a  brick  edifice, 
costing  $35,000,  was  completed  to  take  the  place  of  this  one.  A  methodist 
church  was  also  erected  at  South  Salem. 

The  methodist  church  of  Portland  was  organized  in  1848,  a  church  build 
ing  was  begun  by  Wilbur  in  1850,  and  the  first  methodist  episcopal  church  of 
Portland  incorporated  January  26,  1853.  The  original  edifice  was  a  plain  but 
roomy  frame  building,  with  its  gable  fronting  on  Taylor  Street,  near  Third.  A 
reincorporation  took  place  in  1867,  and  in  1869  a  brick  church,  costing  $35,000, 
was  completed  on  the  corner  of  Third  and  Taylor  streets,  fronting  on  Third. 
A  second  edifice  was  erected  on  Hall  Street.  During  the  year  1884,  a  new 
society,  an  offshoot  from  the  Taylor-Street  church,  was  organized  under 
the  name  of  the  Grace  Methodist  Episcopal  Church,  taking  with  it  $40,000 
worth  of  the  property  of  the  former.  The  methodist  church  at  The  Dalles 
was  built  in  1862  by  J.  F.  Devore,  at  a  time  when  mining  enterprises  were 
beginning  to  develop  the  eastern  portion  of  the  state. 

The  methodists  have  been  foremost  in  propagating  their  principles  by 
means  of  schools,  as  the  history  of  the  Willamette  University  illustrates.  In 
new  communities  these  means  seem  to  be  necessary  to  give  coherence  to 
effort,  and  have  proved  beneficial.  Willamette  University,  which  absorbed 
the  Oregon  Institute,  was  incorporated  January  12,  1853.  It  opened  with  two 
departments,  a  preparatory,  or  academic,  and  a  collegiate  course,  and  but  few 
pupils  took  more  than  the  academic  course  for  many  years.  It  had  later  six 
departments,  thirteen  professors  and  tutors,  and  four  academies  which  fed 
the  university.  The  departments  were  college  of  liberal  arts,  medical  college, 
woman's  college,  conservatory  of  music,  university  academy,  and  correlated 
academies.  College  Journal,  June  1882.  The  correlated  academies  were  those 
of  Wilbur,  Sheridan,  Santiam,  and  Dallas.  The  medical  college,  one  of  the 
six  departments  of  the  university,  was  by  the  unanimous  vote  of  the  faculty 
removed  to  Portland  in  1S77. 

The  Clackamas  seminary  for  young  ladies,  established  at  Oregon  City  in 
1851,  was  the  combined  effort  of  the  methodists  and  congregationalists,  and 
prospered  for  a  time,  but  as  a  seminary  has  long  been  extinct;  $11,000  were 
raised  to  found  it,  and  John  McLoughlingave  a  block  of  land.  Harvey  Clark 
vas  the  first  teacher,  after  which  Mrs  Thornton  and  Mr  and  Mrs  H.  K. 
Hines  taught  in  it.  Or.  Spectator,  June  6,  1851;  Or.  Argus,  Nov.  10,  1855. 
Santiam  and  Umpqua  academies  were  established  about  1854.  La  Creole 
Academic  Institute,  at  Dallas,  was  incorporated  in  1856.  The  incorporators 
were  Frederick  Waymire,  William  P.  Lewis,  John  E.  Lyle,  Horace  Lyman, 
Reuben  P.  Boise,  Thomas  J.  Lovelady,  Nicholas  Lee,  James  Frederick,  and 
A.  W.  Swaney.  Or.  Laws,  1860,  93.  The  act  provided  that  at  no  time  should 
a  majority  of  the  trustees  be  of  one  religious  denomination.  The  academy  is 
nevertheless  at  present  one  of  the  branches  of  the  Willamette  University. 
Philomath  college,  a  few  miles  from  Corvallis.  is  also  controlled  by  a  board 
of  trustees  elected  by  the  annual  conference.  This  college  has  an  endowment 
of  over  $16,003  and  a  small  general  fund.  The  buildings  are  chiefly  of  brick, 
and  cost  $15,000. 

The  Portland  academy  was  opened  in  1852  by  C.  S.  Kingsley  and  wife,  who 
managed  it  for  several  years,  and  after  them  others.  The  property  was  worth, 
in  1876,  $20,000,  but  the  usefulness  of  the  school,  which  had  no  endowment, 
had  passed,  and  it  has  since  suspended.  Hine*'  Or.,  105-6;  Olympia  Columbian, 
Sept.  18,  1852;  Pub.  Instruc.  Rept,  in  Or.  Mess,  and  Doc.,  1876,  146.  Corvallis 
college  was  founded  by  the  methodist  church  south,  in  1865,  and  incorporated 
August  22,  1868,  since  which  time  it  has  had  control  of  the  state  agricultural 
college,  as  stated  in  another  place;  150  students  were  enrolled  in  1878.  The 
Ashland  college  and  normal  school,  organized  in  1878  from  the  Ashland 
academy,  is  also  under  the  management  of  the  conference. 

The  Catholic  Church,  next  in  point  of  time,  had  a  rude  church  at  Cham- 
poeg  on  their  first  entrance  into  the  Willamette  valley  in  the  winter  of  1839- 
40.  In  February  1846  a  plain  wooden  church  was  dedicated  at  Oregon  City, 
and  in  November  St  Paul's  brick  church  was  consecrated  at  Champoeg.  la 


CATHOLICS  AND  CONGREGATIONALISTS.  679 

the  autumn  of  1851  a  church  was  begun  in  Portland,  which  was  dedicated  in 
February  1852  by  Archbishop  Blanchet.  In  1854  this  building  was  removed 
to  Stark  Street,  near  Third,  and  ten  years  later  had  wings  added  for  library 
and  other  uses,  being  reconsecrated  in  1864.  In  1871  the  building  was  again 
enlarged,  and  used  until  1878,  \\hen  it  was  removed  to  make  room  for  St 
Mary's  cathedral,  a  fine  brick  structure  costing  $60,000,  the  corner-stone  of 
which  was  laid  in  August  of  that  year.  Portland  Daily  Bee,  May  16,  1878; 
Portland  Oregonian,  Aug.  24,  1878;  Portland  Herald,  Feb.  9,  1873. 

There  is  also  in  Portland  the  chapel  of  St  Mary  attached  to  the  convent  of 
the  sisters  of  the  most  holy  names  of  Jesus  and  Mary,  between  Mill  and  Mar 
ket  streets.  The  sisters  have  a  day  and  boarding  school,  ordinarily  attended 
by  150  pupils.  St  Joseph's  day-school  for  boys,  near  the  church,  had  an  aver 
age  attendance  in  1868  of  75.  St  Michael's  college,  for  the  higher  education 
ot  young  men,  is  a  later  institution,  and  well  supported.  The  church  of 
St  John  the  Evangelist,  at  the  corner  of  Chamekata  and  College  streets,  Salem, 
was  dedicated  April  10,  1864.  Forty  or  fifty  families  attend  services  here, 
and  a  large  number  of  children  receive  instruction  in  the  Sunday-school. 
The  academy  of  the  Sacred  Heart,  under  the  care  of  the  sisters,  a  substantial 
brick  structure,  is  a  boarding  and  day  school  \vhere  eighty  girls  are  taught  the 
useful  and  ornamental  branches.  This  institution  was  dedicated  in  1863,  but 
the  present  edifice  was  not  occupied  till  1873.  There  is  also  a  catholic 
church,  and  the  academy  of  Mary  Immaculate  at  The  Dalles,  located  on  Third 
Street;  St  Mary's  academy  at  Jacksonville,  Notre  Dame  academy  at  Baker 
City,  Mater  Dolorosa  mission  at  Grande  Ronde  reservation,  and  St  Joseph's 
hall,  a  female  orphan  asylum,  at  Portland. 

The  oldest  Congregational  Church  in  Oregon  is  that  of  Oregon  City,  organ 
ized  in  1844  by  Harvey  Clark,  independent  missionary,  who  also  set  on  foot 
educational  matters,  and  organized  a  church  at  Forest  Grove.  See  Atkinson'* 
Cong.  Church,  1-3,  a  centennial  review  of  Congregationalism  in  Oregon.  The 
American  home  missionary  society  about  this  time  projected  a  mission  to 
Oregon,  and  in  1847  sent  George  H.  Atkinson  and  wife  to  labor  in  this  field. 
They  settled  in  Oregon  City  in  June  1848,  at  the  time  the  discovery  of  gold 
in  California  nearly  depopulated  that  place.  Atkinson,  Eells,  and  Clark  pro 
ceeded  to  form,  with  other  congregationalists,  the  Oregon  Association,  which 
held  its  first  meeting  at  Oregon  City  September  20th,  and  appointed,  together 
with  the  presbyterian  ministers,  trustees  for  the  Tualatin  academy.  Home 
Missionary,  xxii.  43,  63.  In  November  184(J  arrived  Horace  Lyman  and  wife, 
also  sent  out  by  the  home  missionary  society  in  1847,  but  who  had  lingered 
and  taught  for  one  year  in  San  Jose",  California.  Lyinan  settled  at  Portland, 
where  he  began  to  build  up  a  church.  There  were  at  Oregon  City  in  1849 
but  eight  members,  but  they  undertook  to  build  a  plain  meeting-house,  24  by 
40  feet,  ceiled,  and  without  belfry  or  steeple,  the  cost  of  which  was  $3,550. 

Atkinson  preached  at  Portland  first  in  June  1849,  in  a  log-house  used  as  a 
shingle-factory.  The  congregation  was  attentive,  and  the  citizens  subscribed 
$2,000  to  erect  a  school-house,  which  was  to  be  at  the  service  of  all  denomi 
nations  for  religious  services.  It  was  arranged  that  the  congregational  min 
isters  should  preach  there  once  in  two  weeks.  At  the  second  meeting,  in 
July,  Captain  Wood  of  the  U.  S.  steamer  Massachusetts  was  present,  to  the 
delight  of  the  minister  as  well  as  the  people.  When  Lyman  arrived  he  began 
teaching  and  preaching  in  the  school-house.  Portland  Oregonian,  May  24, 
1864;  Lymau,  in  Pac.  Christian  Advocate,  1865:  As  there  was  then  no  church 
to  organize  in  Portland,  and  as  his  salary  was  only  $500 — the  rent  of  a  dwell 
ing  being  quite  all  of  that — he  was  compelled  to  solicit  aid.  The  town  pro 
prietors  offered  a  lot.  In  the  forest,  on  the  rising  ground  at  the  south  end  of 
Second  Street,  Lyman  made  his  selection,  and  $5,000  were  subscribed,  and 
the  building,  32  by  48  feet,  was  begun.  Lyman  worked  with  his  own  hands 
in  clearing  the  ground  for  his  house  and  the  church,  and  making  shingles  for 
the  former,  falling  ill  from  his  unwonted  exertions  and  the  malaria  of  the 
newly  exposed  earth.  But  the  citizens  of  Portland  came  kindly  to  his  assist 
ance;  he  was  nursed  back  to  health;  the  house  and  church  were  completed, 


680  CHURCHES  AND  CHURCH  SCHOOLS. 

chiefly  by  their  aid,  and  on  the  15th  of  June,  1851,  the  First  Congregational 
-Church  of  Portland  was  organized,  with  ten  members,  and  the  church  edifice 
dedicated.  This  building  had  a  belfry  and  small  spire,  and  cost  $6,400,  seat 
ing  some  400  persons.  See  Lyman,  in  Cong.  Asso.  Or.  Annual  Meeting,  1876, 
<35,  a  quarter-centennial  review,  containing  a  complete  history  of  the  First 
.Congregational  Church  of  Portland;  also  Home  Missionary,  xxiv.  137-8. 

The  membership  of  the  other  churches  amounted  to  50  at  this  time;  25  at 
Tualatin  plains,  14  at  Oregon  City,  three  at  Milwaukee,  and  eight  at  Cala- 
.pooya,  where  a  church  was  organized  by  H.  H.  Spalding;  but  congregations 
and  Sunday-schools  were  sustained  at  a  few  other  points. 

In  January  1852  the  Oregon  Association  held  its  third  annual  meeting, 
five  ministers  being  present.  It  was  resolved  that  Atkinson  should  visit  the 
.eastern  states  to  solicit  aid  for  the  educational  work  of  the  church,  particu 
larly  of  the  Tualatin  academy  and  Pacific  university,  and  also  that  other  parts 
of  Oregon  should  be  pointed  out  to  the  home  missionary  society  as  fields  for 
missionaries.  The  result,  in  addition  to  the  money  raised,  was  the  appoint 
ment  of  Thomas  J.  Condon  and  Obed  Dickinson  missionaries  to  Oregon,  the 
former  to  St  Helen,  and  the  latter  to  Salem,  where  a  church  of  four  members 
had  been  organized.  They  arrived  in  March  1853,  by  the  bark  Trade  Wind, 
from  New  York.  Their  advent  led  to  the  organization  of  two  more  of  what 
may  properly  be  styled  pioneer  churches. 

Soon  after  the  arrival  of  Dickinson,  W.  H.  Willson  of  Salem  offered  two 
town  lots.  About  half  the  sum  required  for  a  building  was  raised,  while  the 
church  held  its  meetings  in  a  school-house;  but  this  being  too  small  for  the 
congregation,  a  building  was  purchased  and  fitted  up  for  church  services,  in 
September  1854.  It  was  not  till  1803  that  the  present  edifice,  a  modest  frame 
structure,  was  completed  and  dedicated.  Dickinson  continued  in  the  pastor 
ate  till  18G7,  when  he  resigned,  and  was  succeeded  by  P.  S.  Knight.  Condon 
went  first  to  St  Helen,  where  the  town  proprietor  had  erected  a  school-house 
and  church  in  one,  surmounted  by  a  belfry  with  a  good  bell,  and  a  small  spire. 
This  building,  which  is  still  standing,  wras  not  consecrated  to  the  use  of  any 
denomination,  but  was  free  to  all,  and  so  remained.  In  1854  Condon  was  ap 
pointed  to  Forest  Grove.  They  were  not  able  to  build  here  till  August  1859, 
•when  a  church  was  erected,  costing  some  $9,000.  Or.  Statesman,  Aug.  30, 
1859.  Near  the  close  of  1853  Milton  B.  Starr,  who  had  preached  for  several 
years  in  the  western  states,  came  to  Albany,  Oregon,  and  organized  a  church. 
The  following  spring  Lyman  was  sent  to  Dallas  to  preach,  and  Portland  was 
left  without  a  pastor.  In  1859  Condon  organized  a  church  at  The  Dalles, 
building  in  1862.  He  remained  at  The  Dalles  for  many  years,  leaving  there 
1  finally  to  go  to  Forest  Grove,  where  his  attainments  in  natural  science  were 
in  demand.  On  the  opening  of  the  state  university  he  accepted  a  professor 
ship  in  that  institution.  Atkinson  was  settled  as  pastor  of  the  church  in 
•  Portland  in  18G3,  where  he  continued  some  ten  years,  when,  his  health  failing, 
he  went  north  to  establish  congregations.  During  his  pastorate  a  new  church 
edifice  was  erected  on  the  ground  selected  in  1850;  and  more  recently  Ply 
mouth  church  on  Fourteenth  and  E  streets.  The  organized  congregational 
churches  reported  down  to  1878  were  nine:  Albany,  Astoria,  Dalles,  Forest 
Grove,  Hillsboro,  Oregon  City,  Portland,  East  Portland,  and  Salem.  Cong. 
Aoso.  Minutes,  1878,  51.  Plymouth  church  was  a  later  organization. 

Pacific  university,  founded  by  congregationalists,  was  non -sectarian.  It 
had  $50,000  in  grounds  and  buildings,  $4,000  in  cabinet  and  apparatus,  $83,000 
in  productive  funds,  and  a  library  containing  5,000  volumes. 

The  first  minister  of  the  Presbyterian  denomination  in  Oregon  was  Lewis 
Thompson,  a  native  of  Kentucky,  and  an  alumnus  of  Princeton  theological 
seminary,  who  came  to  the  Pacific  coast  in  1846  and  settled  on  the  Clatsop 
plains.  Wood's  Pioneer  Work,  27.  There  is  a  centennial  history  of  the  pres 
bytery  of  Oregon,  by  Edward  R.  Geary,  in  Portland  Pac.  Christian  Advocate, 
July  27,  1876.  On  the  19th  of  September,  1846,  Thompson  preached  a  sermon 
at  the  house  of  W.  H.  Gray,  albeit  there  were  none  to  hear  him  except  a 
ruling  elder  from  Missouri,  Alva  Condit,  his  wife  Ruth  Condit,  and  Gray  and 


PRESBYTERIAN  INSTITUTIONS.  681 

his  wife.  Truman  P.  Powers  of  Astoria  was  the  first  ordained  elder  of  the 
presbyterian  church  ou  the  Pacific  coast.  He  came  to  Oregon  in  1846.  In 
October  Thompson  was  joined  by  a  young  minister  from  Ohio,  Robert  Robe, 
and  on  the  19th  of  November  they,  together  with  E.  R.  Geary  of  Lafayette,  at 
the  residence  of  the  latter,  formed  the  presbytery  of  Oregon,  as  directed  by 
the  General  Assembly  at  its  session  in  that  year. 

In  1853  there  were  five  presbyterian  ministers  in  Oregon,  the  three  above- 
mentioned,  J.  L.  Yantis,  and  J.  A.  Hanna.  The  latter  had  settled  at  Marys- 
ville  (now  Corvallis)  in  1852  and  organized  a  church,  while  Yantis  had  but 
recently  arrived.  A  meeting  of  the  presbytery  being  called  at  Portland  in 
October,  Hanna  and  Yantis  became  members,  and  it  was  determined  to  or 
ganize  a  church  in  that  place,  of  which  Yantis  was  to  have  charge,  together 
with  one  he  had  already  formed  at  Calapooya.  This  was  accordingly  done; 
and  through  the  stormy  winter  the  resolute  preacher  held  service  twice  a 
month  in  Portland,  riding  eighty  miles  through  mud  and  rain  to  keep  his  ap 
pointments,  until  an  attack  of  ophthalmia  rendered  it  impracticable,  and  George 
F.  Whitworth,  recently  arrived  with  the  design  of  settling  on  Puget  Sound, 
was  placed  temporarily  in  charge  of  the  church  in  Portland.  On  his  removal 
to  Washington  the  society  became  disorganized,  and  finally  extinct. 

Meantime  Thompson  had  built  a  small  church  at  Clatsop,  and  was  pursuing 
his  not  very  smooth  way  in  that  foggy,  sandy  region,  where  he  labored  faith 
fully  for  twenty-two  years  before  he  finally  removed  to  California.  Hobe  or 
ganized  a  church  at  Eugene  City  in  1855,  remaining  there  in  the  ministry  till 
1863,  during  which  time  a  building  was  erected.  Geary,  who  had  undertaken 
a  boarding-school,  became  involved  in  pecuniary  embarrassment,  and  was  com 
pelled  to  take  a  clerkship  under  Palmer  in  the  Indian  department;  but  being 
discharged  for  seeming  to  covet  the  office  of  his  employer,  he  took  charge  of 
the  Calapooya  church,  and  organized  that  of  Brownsville,  where  he  fixed  his 
residence,  and  where  a  church  building  was  erected  by  the  members.  A  char 
ter  was  procured  from  the  legislature  of  1857-8  for  the  Corvallis  college, 
which  would  have  been  under  the  patronage  of  the  presbyterians  had  it 
reached  a  point  where  such  patronage  could  be  claimed.  There  is  nothing  to 
show  that  it  was  ever  organized. 

An  effort  was  made  about  the  beginning  of  1860  to  revive  the  presbyterian 
church  in  Portland.  McGill  of  the  Princeton  seminary,  being  appealed  to, 
procured  the  cooperation  of  the  Board  of  Domestic  Missions,  and  P.  S.  Caffrey 
was  commissioned  to  the  work.  He  preached  his  first  sermon  in  the  court 
house  June  15,  1860.  On  the  3d  of  August  the  first  presbyterian  church  of 
Portland  was  reorganized  by  Lewis  Thompson  of  Clatsop,  with  seventeen  mem 
bers,  and  regular  services  held  in  a  room  on  the  corner  of  Third  and  Madison 
streets.  Caffrey's  ministrations  were  successful;  and  in  1863  the  corner-stone 
of  a  church  edifice  was  laid  on  Third  and  Washington  streets,  which  was 
finished  the  following  year,  at  a  cost  of  $20,000.  Geary's  Or.  Prexbytert/,  2; 
Portland  Herald,  Jan.  26,  1873;  Deadt/'s  Scrap-Book,  43,  85.  When  in  1869 
Caffrey  resigned  his  charge  to  Lindsley,  there  was  a  membership  of  103,  and 
the  finances  of  the  church  were  in  good  condition.  In  1882  the  church 
divided,  and  a  new  edifice  was  erected,  costing  $25,000,  at  the  north-east  cor 
ner  of  Clay  and  Ninth  streets,  called  Calvary  Presbyterian  Church,  with  E. 
Trumrell  Lee  first  pastor.  The  church  edifice  at  Corvallis  was  begun  in  1860 
and  completed  in  1864,  at  a  cost  of  $6,000,  Hanna  contributing  freely  of  his 
own  means.  Richard  Wylie,  assigned  by  the  board  of  missions  to  this  place 
in  the  latter  year,  was  the  first  pastor  regularly  installed  in  this  church. 
Richard  Wylie  was  one  of  three  sons  of  James  Wylie,  who  graduated  together 
at  Princeton.  In  1865  the  father  and  James  and  John,  Richard's  brothers, 
came  to  the  Pacific  coast,  James  accepting  a  pastorate  in  San  Jose,  California, 
and  John  being  assigned  to  the  church  in  Eugene  City.  James  Wylie,  sen., 
was  examined  for  the  ministry  by  the  Oregon  presbytery,  licensed  to  preach, 
and  finally  ordained  for  tlie  full  ministry.  Geary's  Or.  Presbytery,  2. 

In  1866  the  presbytery  consisted  of  the  ministers  above  named,  with  the 
addition  of  W.  J.  Monteich,  Anthony  Simpson,  and  J.  S.  Reasoner,  the  former 


682  CHURCHES  AND  CHURCH  SCHOOLS. 

assigned  to  Albany,  and  Simpson  to  Olympia,  which  by  the  lapse  of  the  Puget 
Sound  presbytery,  erected  in  1858,  came  again  under  the  care  of  Oregon.  A 
church  was  organized  at  Albany  by  Monteith,  and  a  private  classical  school 
opened,  which  grew  into  the  Albany  collegiate  institute  under  the  care  of  the 
presbytery,  a  tract  of  live  acres  being  donated  by  Thomas  Monteith,  one  of 
the  town  ownei^s,  and  brother  of  W.  J.  Monteith.  The  citizens  erected  a 
substantial  building,  and  in  spite  of  some  drawbacks,  the  institution  grew  in 
reputation  and  means.  Reasoner  was  not  called  upon  to  labor  for  the  church, 
being  advanced  in  years  and  a  farmer.  In  1808  H.  H.  Spalding,  whom  the 
congregational  association  had  advised  to  accept  an  Indian  agency,  became  a 
member  of  the  presbytery,  but  he  was  not  given  charge  of  a  church,  being 
broken  in  mind  and  body  by  the  tragedy  of  Waiilatpu.  His  death  occurred 
at  Lapwai,  where  he  was  again  acting  as  missionary  to  the  Nez  Perces, 
August  3,  1874,  at  the  age  of  73  years.  The  first  presbyterian  church  of 
Saiem  was  organized  May  20,  18G9,  with  sixteen  members.  Their  church  edi 
fice  was  erected  in  1871,  at  a  cost  of  $6,000.  Within  the  last  ten  years  churches 
have  been  organized  and  houses  of  worship  erected  in  Roseburg,  Jacksonville, 
and  Marshfield  in  southern  Oregon. 

All  that  has  been  said  above  of  presbyterians  relates  to  the  old-school 
division  of  that  church.  There  were  in  Oregon,  however,  others,  under  the 
names  of  Cumberland  presl>yterians,  associate  presbyterians,  and  associate 
reformed.  In  1351  James  P.  Millar,  of  Albany,  N.  Y.,  arrived  in  Oregon  as 
a  missionary  of  one  of  these  latter  societies;  but  finding  here  200  members 
and  half  a  dozen  ministers  of  the  two  societies,  he  entered  into  a  scheme  to  unite 
them  in  one,  to  be  known  as  the  United  Presbyterian  church  of  Oregon,  con 
stituting  one  presbytery,  and  being  independent  of  any  allegiance  to  any 
ecclesiastical  control  out  of  Oregon.  The  men  who  formed  this  church  were 
James  P.  Millar,  Thomas  S.  Kendall,  Samuel  G.  Irvine,  Wilson  Blain,  Jamea 
Worth,  J.  M.  Dick,  and  Stephen  D.  Gager.  Or.  Statesman,  Dec.  18,  1852.  In 
1858  they  founded  the  Albany  academy,  with  Thomas  Kendall,  Delazon  Smith, 
Dennis  Beach,  Edward  Geary,  Walter  Monteith,  J.  P.  Tate,  John  Smith, 
James  H.  Foster,  and  R.  H.  Crawford  trustees.  This  school  was  superseded 
by  the  Albany  institute  in  1867.  Or.  Law*,  Special,  1857-8,  9-10;  Afesx.  and 
Docs,  Pub.  Instruction,  1878,  81-2.  A  college,  known  as  the  Sublimity,  was 
created  by  legislative,  act  in  January  1858,  to  be  controlled  by  the  United 
Brethren  in  Christ;  but  whether  this  was  a  school  of  the  united  presbyterians 
I  am  unable  to  determine. 

The  pioneer  of  the  Cumberland  presbyterians  was  J.  A.  Cornwall  of 
Arkansas,  who  came  to  Oregon  in  1846  by  the  southern  route,  as  the  reader 
may  remember.  Cornwall  was  the  only  ordained  minister  until  1851,  when 
two  others,  Neill  Johnson  of  Illinois,  and  Joseph  Robertson  of  Tennessee, 
arrived.  By  order  of  the  Missouri  synod,  these  ministers  met  in  1847,  at  the 
house  of  Samuel  Allen  in  Marion  county,  and  formed  the  Oregon  presbytery 
of  the  Cumberland  presbyterian  church,  W.  A.  Sweeney,  another  minister, 
being  present.  Five  ruling  elders,  who  had  partially  organized  congregations, 
were  admitted  to  seats  in  the  presbytery,  as  follows:  John  Purvine  from 
Abiqua,  Joseph  Carmack  from  La  Creole,  Jesse  C.  Henderson  from  Yamhill, 
David  Allen  from  Tualatin,  and  D.  M.  Keen  from  Santiam.  There  were  at 
this  time  four  licentiates  in  the  territory;  namely,  B.  F.  Music,  John  Dillard, 
William  Jolly,  and  Luther  White.  The  whole  number  of  members  in  com 
munion  was  103. 

There  was  no  missionary  society  to  aid  them,  the  ministers  being  sup 
ported  by  voluntary  offerings.  But  in  the  spring  of  1853  an  effort  was  made 
to  raise  funds  to  found  a  college  under  their  patronage,  and  in  the  following  year 
a  building  was  erected  at  Eugene  City,  costing  $4,000,  with  an  endowment 
fund  amounting  to  $20,000.  The  school  was  opened  in  November  1856,  under 
the  presidency  of  E.  P.  Henderson,  a  graduate  of  Waynesville  college,  Penn 
sylvania,  with  fifty-two  students.  Four  days  after  this  auspicious  inaugura 
tion  the  college  building  was  destroyed  by  an  incendiary  fire.  Not  to  be 
defeated,  however,  another  house  was  procured  and  the  school  continued, 


THE  BAPTISTS.  683 

while  a  second  building  was  erected  at  a  cost  of  $3,000,  the  second  session 
doubling  the  number  of  students.  The  attendance  increased  to  150  in  18J7, 
but  again,  on  the  night  of  the  26th  of  February,  1858,  the  college  was 
burned.  A  stone  building  was  then  begun,  and  the  walls  soon  raised.  Be 
fore  it  was  completed  a  division  took  place  on  the  issue  of  bible-reading  and 
prayer  in  the  school,  and  those  opposed  to  these  observances  withdrew  their 
aid,  and  the  unfinished  building  was  sold  by  the  sheriff  to  satisfy  the  me 
chanics.  I  find  among  the  Orejon  Special  Law*  of  1857-8  an  act  incorporat 
ing  the  Union  University  Association,  section  4  of  which  provides  that  the 
4  utmost  care  shall  be  taken  to  avoid  every  species  of  preference  for  any  sect 
or  party,  either  religious  or  political.'  This  was  probably  the  form  of  protest 
against  sectarian  teaching  which  destroyed  the  prospects  of  the  Cumberland 
school.  Henderson,  after  a  couple  of  sessions  in  a  rented  house,  seeing  no 
hope  for  the  future,  closed  his  connection  with  the  school,  which  was  sus 
pended  soon  after,  and  never  revived. 

About  1875  W.  R.  Bishop  of  Brownsville  completed  a  commodious  school 
building  as  an  individual  enterprise,  and  established  a  school  under  the  name 
of  Pringipia  Academy,  with  a  chapel  attached.  In  18G1  the  Oregon  Cumber 
land  presbytery  was  divided,  by  order  of  the  Sacramento  synod  to  which  it 
belonged,  and  all  of  Oregon  south  of  Calapooya  Creek  on  the  east  side  of  the 
Willamette  River,  and  all  south  of  La  Creole  River  on  the  west  side  of  the 
Willamette,  was  detached  and  made  to  form  the  Willamette  presbytery,  while 
all  north  of  that  retained  its  former  name.  In  1874  the  Oregon  presbytery 
was  again  divided,  that  part  east  of  the  Cascade  Mountains  and  all  of  Wash 
ington  being  set  off  and  called  the  Cascade  presbytery,  with  four  ordained 
ministers,  the  Oregon  presbytery  having  begun  its  operations  in  the  Walla 
Walla  Valley  in  1871,  when  A.  W.  Sweeney  organized  a  church  at  Waitsburg 
with  eighteen  members,  since  which  time  several  others  have  been  formed, 
and  churches  erected.  By  order  of  the  general  assembly  of  the  Cumberland 
in  May  1875,  the  Oregon  synod  was  constituted,  composed  of  these  three 
presbyteries,  which  have  in  communion  700  members,  and  own  thirteen  houses 
of  worship,  worth  $19,000.  See  centennial  sketch  by  Neill  Johnson,  in  Port 
land  Pac.  Christian  Advocate,  May  4,  1876. 

Among  the  early  immigrants  to  Oregon  were  many  Baptists,  this  denomi 
nation  being  numerous  in  the  western  and  south-western  states.  As  early  as 
1843  a  society  was  organized  and  a  church  building  erected  at  Oregon  City. 
Other  churches  soon  followed,  Portland  having  an  organized  society  in  1855, 
although  not  in  a  flourishing  state  financially.  It  was  not  until  June  1800 
that  a  missionary,  Samuel  Cornelius  of  Indianapolis,  arrived,  appointed  by 
the  American  Baptist  Home  Mission,  to  labor  in  Portland.  His  introductory 
sermon  was  preached  in  the  methodist  church  on  the  first  Sunday  in  July, 
but  a  public  hall  was  soon  secured,  and  the  organization  of  the  Frst  Baptist 
Church  of  Portland  took  place  on  the  12th  of  August,  with  twelve  members; 
namely,  Samuel  Cornelius  and  wife,  Josiah  Failing  and  wife,  Douglas  W.  Wil 
liams,  Elizabeth  Failing,  Joshua  Shaw  and  wife,  R.  Weston  and  wife,  and 
George  Shriver  and  wife.  First  Baptl  t  Church  Manual,  1.  This  small  body 
made  a  call  on  Cornelius  to  become  their  pastor,  which  was  accepted,  and  on 
him  and  the  two  deacons,  Williams  and  Failing,  devolved  the  task  of  building 
a  house  of  worship.  A  half-block  of  land  on  the  corner  of  Fourth  and  Alder 
streets  had  been  donated  for  the  site  of  a  baptist  church  by  Stephen  Coffin  sev 
eral  years  before,  and  on  this  was  begun  a  building,  which  was  so  far  completed 
by  January  5,  18G2,  that  its  basement  was  occupied  for  religious  services.  In 
September  1864  Cornelius  returned  to  the  east,  leaving  a  membership  of  49  per 
sons,  and  the  church  was  without  a  pastor  for  two  years,  during  which  the 
deacons  sustained  as  best  they  could  the  burden  of  the  society  to  prevent  it 
from  falling  to  pieces.  Then  came  E.  C.  Anderson  of  Kalamazoo,  Michigan, 
sent  by  the  Home  Mission  Society  to  act  as  pastor,  in  December  1866.  The 
church  was  incorporated  in  March  18G7.  Anderson  continued  in  the  pastorate 
five  years,  and  increased  the  membership  to  seventy,  the  church  eduice  cost 
ing  $112,500,  being  dedicated  in  January  1870.  The  incorporators  were  Josiah 


684  CHURCHES  AND  CHURCH  SCHOOLS. 

Failing,  Joseph  N.  Dolph,  W.  S.  Caldwell,  John  S.  White,  George  C.  Chandler, 
and  W.  Lair  Hill.  Again  no  one  was  found  to  supply  the  place  of  pastor  for 
a  year  and  a  half,  when  A.  R.  Medbury  of  San  Francisco  accepted  a  call, 
and  remained  with  this  church  three  years,  during  which  forty  new  members 
were  added,  and  a  parsonage  was  presented  to  the  society  by  Henry  Failing, 
since  which  time  the  church  has  been  fairly  prosperous.  In  1861  the  number 
of  baptists  in  Oregon  was  484,  of  churches  13,  and  ordained  ministers  10. 

The  first  baptist  school  attempted  was  Corvallis  Institute,  which  seems  not 
to  have  had  any  history  beyond  the  act  of  incorporation  in  185G-7.  An  act 
was  also  passed  the  following  year  establishing  a  baptist  school  under  the 
name  of  West  Union  Institute,  in  Washington  county,  with  David  T.  Lennox, 
Ed  H.  Lennox,  Henry  Sewell,  William  Mauzey,  John  S.  White,  and 
George  C.  Chandler  as  trustees.  At  the  same  session  a  charter  was  granted 
to  the  baptist  college  at  McMinnville,  a  school  already  founded  by  the  Disci 
ple  or  Christian  church,  and  turned  over  to  the  baptists  with  the  belongings, 
six  acres  of  ground  and  a  school  building,  as  a  free  gift,  upon  condition  that 
they  should  keep  up  a  collegiate  school.  The  origin  of  McMinnville  and  its 
college  was  as  follows:  In  1852-3,  W.  T.  Newby  cut  a  ditch  from  Baker 
Creek,  a  branch  of  the  Yamhill  River,  to  Cozine  Creek,  upon  his  land,  where 
he  erected  a  grist-mill.  In  1854  S.  C.  Adams,  who  lived  on  his  donation 
claim  4  miles  north,  took  a  grist  to  mill,  and  in  the  course  of  conversation 
with  Newby  remarked  upon  the  favorable  location  for  a  town  which  his  land 
presented,  upon  which  Newby  replied  that  if  he,  Adann,  would  start  a  town, 
he  should  have  half  a  block  of  lots,  and  select  his  own  location,  from  which 
point  the  survey  should  commence.  In  the  spring  of  1855  Adams  deposited 
the  lumber  for  his  house  on  the  spot  selected,  about  200  yards  from  the  mill, 
and  proceeded  to  erect  his  house,  where,  as  soon  as  it  was  completed,  he  went 
to  reside.  Immediately  after  he  began  to  agitate  the  subject  of  a  high  school 
as  a  nucleus  for  a  settlement,  and  as  he  and  most  of  the  leading  men  in  Yam- 
hill  were  of  the  Christian  church,  it  naturally  became  a  Christian  school. 
James  McBride,  William  Dawson,  W.  T.  Newby,  and  Adams  worked  up  the 
matter,  bearing  the  larger  part  of  the  expense.  Newby  gave  six  acres  of  lan;l. 
The  building  erected  for  the  school  was  large  and  commodious  for  those  times. 
Adams,  who  was  a  teacher  by  profession,  was  urged  to  take  charge  of  the 
school,  and  taught  it  for  a  year  and  a  half.  Among  his  pupils  were  John  R. 
McBride,  L.  L.  Rowland,  J.  C.  Shelton,  George  L.  Woods,  and  Wm  D.  Baker. 
But  there  had  not  been  any  organization,  or  any  charter  asked  for,  and  Adams, 
who  found  it  hard  and  unprofitable  work  to  keep  up  the  school  alone,  wished 
to  resign,  and  proposed  to  the  men  interested  to  place  it  in  the  hands  of  the 
baptists,  who  were  about  founding  the  West  Union  Institute.  To  this  they 
made  no  objection,  as  they  only  wished  to  have  a  school,  and  were  not  secta 
rian  in  feeling.  Accordingly,  Adams  proposed  the  gift  to  the  baptists,  and 
it  was  accepted,  only  one  condition  being  imposed,  and  agreed  to  in  writing, 
to  employ  at  least  one  professor  in  the  college  department  continuously.  It 
was  incorporated  in  January  1858  as  the  baptist  college  at  McMinnville,  by 
Henry  Warren,  James  M.  Fulkerson,  Ephriam  Ford,  Reuben  C.  Hill,  J.  S. 
Holman,  Alexius  N.  Miller,  Richard  Miller,  and  Willis  Gaines,  trustees. 
The  Washington  county  school  was  allowed  to  drop,  and  the  McMinnville 
college  was  taken  in  charge  by  G.  C.  Chandler  in  the  collegiate  department, 
and  Mrs  N.  Morse  in  the  preparatory  school.  The  incorporated  institution 
received  the  gift  of  twenty  acres  of  land  for  a  college  campus  from  Samuel 
and  Mahala  Cozine  and  Mrs  P.  W.  Chandler.  It  owned  in  1882  three  thou 
sand  dollars  in  outside  lands,  a  building  fund  of  twenty-one  thousand  dollars, 
and  an  endowment  fund  of  over  seventeen  thousand,  besides  the  apparatus  and 
library.  From  addresses  by  J.  N.  Dolph  and  W.  C.  Johnson  in  McMinville 
College  and  ('atalofjue,  1882.  A  new  and  handsome  edifice  has  been  erected, 
whose  corner-stone  was  laid  in  1882.  The  Beacon,  a  monthly  denominational 
journal,  was  published  at  Salem  as  the  organ  of  the  baptists. 

Several  attempts  were  made  to  have  colleges  free  from  sectarian  influence, 
which  rarely  succeeded.     The  Jefferson  institute,  incorporated  in  January 


EPISCOPALIANS.  685 

1857,  and  located  at  Jefferson  is  an  exception.     This  school  is  independent 
and  has  been  running  since  its  founding  in  1856-7.     Any  person  may  become 
«jT™      ^y  Puaymf  $5°  int°  the  endow™nt  fund,  which  amounts  to  about 
1^1  i     ?u  i  consis^  of  fifteen  trustees,  five  of  whom  are  annually 

elected  by  the  members.  Three  directors  are  elected  by  the  board  from  their 
own  number,  who  have  the  general  management  of  school  affairs.  The  first 
board  of  trustees  were  Geo  H  Williams,  J.  H.  Harrison,  Jacob  Conser,  E.  E. 
Parnsh,  W.  F.  West  T.  Small,  H  A.  Johnson,  C.  A.  Reed,  N.  R.  Doty,  J 
B.  Terhune,  J.  S.  Miller^  James  Johnson,  L.  Pettyjohn,  Manuel  Gonzalez 
and  Andrew  Cox.  Mrs  Conser  gave  a  tract  of  land  in  eight  town  lots  The 
building  cost  $3  000.  C.  H.  Mattoon  was  the  first  teacheY,  in  1857  Portland 
Pac^  Advocate,  Feb.  24  and  March  2,  1870;  Kept  ofSupt  Pub.  In'truc.,  1878, 
91-2.  The  number  of  pupils  in  1884  was  about  one  hundred.  The  curricu 
lum  does  not  embrace  a  college  course,  but  only  the  preparatory  studies. 
The  Butteville  Institute,  established  by  legislative  act  in  January  1859  wag 
an  independent  school,  which,  if  ever  successful,  is  now  out  of  ex^tence 

1  he  pioneer  of  the  Protestant  Episcopal  Church  in  Oregon  was  St  M  Fack 
ler,  who  crossed  the  plains  with  the  immigration  of  1847  in  search  of  health 
of  whom  I  have  spoken  in  another  place.  He  found  a  few  members  of  this" 
church  in  Oregon  City  and  held  occasional  services  in  1848  at  the  house  ol 
A  McKinlay,  but  without  attempting  to  organize  a  church.  The  first  mis 
sionary  of  the  episcopal  church  in  the  east  was  William  Richmond  of  the 
mocese  ol  JNew  York,  appointed  by  the  Board  of  Domestic  Missions  in  April 

fVv   M-l    °r  tn      Qgi°n'  ard  7h°  orSanized  congregations  at  Portland,  Oregon 

.uy,  Milwaukee,  Salem,  Lafayette,  and  other  places  before  the  close  of  that 
ear    adding  Champoeg,  Chehalem,  and  Tualatin  plains  the  following  year 

In  the  fall  ot  18o2  he  was  oined  by  James  A.  Woodward  of  the  diocese  of 
Pennsylvania,  who  like  Fackler  had  made  the  overland  journey  to  etter  his 
physical  condition  and  had  succeeded,  which  Fackler  did  not.  Y  After  the  ar 
rival  of  Woodward,  services  were  held  in  the  congregational  church  at 
Oregon  City  until  a  room  was  fitted  up  for  the  purpose 

In  January  1853  John  McCarty  of  New  York  diocese  arrived  as  army  chap- 

am  at  Vancouver.  At  this  time  there  were  about  twenty  members  in  Port 
land  who  formed  Trinity  Church  organization.  At  the  meeting™ ? the  general 
convention  held  m  New  York  in  October  1853,  Thomas  Fiflding  Scott  of 
the  diocese  of  Georgia  was  elected  missionary  bishop  of  Oregon  and  Wash 
ington,  but  before  his  arrival  Richmond  and  Woodward  had  returS  to  the 
east,  leaving  only  Fackler  and  McCarty  as  aids  to  the  bishop.  Two  church 

TriSS  ??  P  f?  ^  T?  T ?.ed' the  firSt'  St  J°hn'S  at  Milwaukee,  the  second, 
T.miy  at  Portland.  The  latter  was  consecrated  September  24th,  about  three 
mon ths  after  the  arrival  of  Scott.  In  1855  the  church  at  Milwaukee  and 
another  at  Salem  were  consecrated,  but  without  any  increase  of  the  clerical 
force  until  late  m  this  year,  when  Johnston  McCormack,  a  deacon,  arrived 
who  was  stationed  temporarily  at  Portland.  In  1856  arrived  John  Sel  wood 
and  his  brother  James  R.W.  Sellwood;  but  having  been  wounded  n  the 
PanamA  not  of  that  year  John  was  not  able  for  some  months  to  enter  upon 

is  duties.  His  brother,  however,  took  charge  of  the  church  at  Salem.  The 
first  episcopal  school  for  boys  was  opened  this  year  at  Oswego  under  the 
.lanagement  of  Bernard  Cornelius,  who  had  recently  taught  in  Olympia"  and 
*as  a  graduate  of  Dublin  university.  Seventy  acres  of  land,  and  a  large 

wellmg-house  pleasantly  situated,  were  purchased  for  this  purpose.     j£2£ 

Daly  was  ordained  deacon  m  Afay,  giving  a  slight  increase  to  the  few  work- 

?>Q  hi  Tl  i?       QStV?Iary  S,C;hurch  at  E?Sene  City  was  consecrated  in  January 

Lo-jy  DV  lilSllOD  OCOtt:   arm  thprp  arnvo/l    olc.^    *!,;«  „    ._  .C— .   -i_. 


fi       c 


o 

Ie  was  for  many  years  a  pastor  and  teacher  at  Astoria,  but  Returned  to 
Canada  afterward  St  Paul's  chapel  at  Oregon  City  was  dedicated  ™n  the 
pnng  of  1801;  and  m  the  autumn  Scott  opened  a  girls'  school  at  Milwaukee 


686  CHURCHES  AND  CHURCH  SCHOOLS. 

which  was  successful  from  the  first.  The  Ore  yon  Churchman,  a  small  monthly 
publication  in  the  interests  of  the  church,  was  first  issued  this  year. 

The  episcopal  church  was  making  steady  advances  when  in  18G7  Bishop 
Scott  died,  universally  lamented.  Over  200  persons  had  been  confirmed,  not 
all  of  whom  remained  steadfast  during  an  interval  of  two  years  when  the 
diocese  was  without  a  head.  A  fresh  impetus  was  imparted  to  the  life  of  the 
church  when  a  new  missionary  bishop,  B.  Wistar  Morris,  arrived  in  Oregon, 
ia  June  1869.  A  block  of  land  was  purchased  in  Portland,  on  Fourth  Street, 
between  Madison  and  Jefferson,  and  St  Helen  Hall  built.  By  the  Cth  of 
September  ic  had  fifty  pupils.  In  the  following  year  it  was  enlarged,  and  be 
gun  its  second  year  with  123  pupils.  The  Scott  grammar  and  divinity  school 
for  boys  was  erected  in  1870,  on  a  tract  of  land  in  the  western  part  of  Couch's 
addition,  commanding  a  fine  view  of  Portland  and  the  Willamette  River.  Both 
of  these  institutions  were  successful,  the  grammar  school  having  to  be  enlarged 
in  1872.  The  building  was  burned  in  November  1877,  but  rebuilt  larger  than 
before,  at  a  cost  of  $25,000.  In  the  same  year  the  congregation  of  trinity 
church  erected  a  new  edifice  on  the  block  occupied  by  the  former  one  between 
Oak  and  Pine,  but  facing  on  Sixth  Street,  and  costing  over  $30,000,  the  bishop 
being  assisted  by  several  clergymen.  A  church  had  been  organized  in  Walla 
Walia  by  Wells,  who  extended  his  labors  to  several  of  the  towns  of  eastern 
Oregon  in  1873.  In  1874  the  bishop  laid  the  corner-stones  of  five  churches, 
and  purchased  four  acres  of  land  in  the  north-western  quarter  of  Portland,  on 
which  was  erected  a  hospital  and  orphanage,  under  the  name  of  Good  Samar 
itan,  the  energy  of  Morris  and  the  liberality  of  the  people  of  Portland 
placing  the  episcopal  society  in  the  foremost  rank  in  point  of  educational  and 
charitable  institutions.  When  Scott  entered  upon  his  diocese,  it  included  all 
of  the  original  territory  of  Oregon,  but  occupied  later  only  Oregon  and  Wash 
ington.  In  the  latter,  in  1870,  there  were  seven  churches,  one  boarding-school 
for  girls — at  Walla  Walla — one  parish  school,  one  rectory,  and  157  communi 
cants.  Episcopal  Church  in  Or. ,  a  history  prepared  for  the  centennial  commis 
sioners,  1870,  Vancouver,  1870;  Seattle  Intelligence,  Aug.  24,  1879. 

Among  the  other  religious  denominations  of  Oregon  were  the  Campbellites. 
Like  the  other  churches,  they  knew  the  value  of  sectarian  schools,  and  accord 
ing  to  one  of  their  elders,  would  have  had  one  in  every  county  had  it  been 
practicable.  As  I  have  before  said,  they  founded  the  school  at  McMinuville, 
which  became  a  baptist  college,  James  Me  Bride,  William  Dawson,  and  S.  C. 
Adams  erecting  the  first  college  building.  Adams  taught  the  school  just 
previous  to  its  transfer.  A  little  later  than  the  McMinnville  school  was 
the  founding  of  the  Bethel  Academy  in  1856.  The  promoters  of  this  enter 
prise  were  Elder  G.  0.  Burnett,  Amos  Harvey,  Nathaniel  Hudson,  and  others. 
In  1855  it  was  chartered  by  the  legislature  as  the  Bethel  Institute.  In  Octo 
ber  they  advertised  that  they  were  ready  to  receive  pupils,  and  also  that  'stu 
dents  will  be  free  to  attend  upon  such  religious  services  on  each  Lord's  day 
as  they  may  choose.'  The  institute  opened  in  November  with  fifty  or  sixty 
pupils  in  attendance,  and  we  learn  that  'Judge  Williams  addressed  the  peo 
ple'  at  a  meeting  of  the  trustees  in  February  following.  L.  L.  Rowland  and 
N.  Hudson  were  teaching  in  1859,  and  in  18GO  the  act  of  incorporation  was 
amended  tj  read  Bethel  College.  Or.  Law*,  1800,  102-3.  At  tiiis  time  the 
Bethel  school  was  prosperous.  It  had  a  well-selected  library,  and  choice  appa 
ratus  in  the  scientific  departments. 

But  Bethel  had  a  rival  in  the  same  county.  In  1855  measures  were  taken 
to  found  another  institution  of  learning,  the  trustees  chosen  being  Ira  F.  But 
ler.  J.  E.  Murphy,  R.  P.  Boise,  J.  B.  Smith,  S.  Simmons,  William  Mason, 
T.  H.  Hutchison,  H.  Burford,  T.  H.  Lucas,  D.  R.  Lewis,  and  S.  S.  Whitman. 
This  board  organized  with  Butler  for  president,  Hutchison  secretary,  and 
Lucas  treasurer.  A  charter  was  granted  them  the  same  year,  incorporating 
Monmouth  University;  460  acres  of  land  were  donated,  Whitman  giving 
200,  T.  H.  Lucas  80.  A.  W.  Lucas  20,  and  J.  B.  Smith  and  Elijah  Davidson 
each  80.  This  land  was  laid  out  in  a  town  site  called  Monmouth,  and  the 
lots  sold  to  persons  desiring  to  reside  near  the  university.  In  the  abundant 


UNITARIANS  AND  LUTHERANS.  637 

charity  of  their  hearts,  and  perhaps  with  a  motive  to  popularize  their  insti 
tution,  the  trustees  passed  a  resolution  to  establish  a  school  for  orphans  in 
connection  with  the  university;  but  this  scheme  being  found  to  be  impracti 
cable,  it  was  abandoned,  and  the  money  subscribed  to  the  orphan  school  re- 

Not'withstanding  its  ambitious  title,  the  Moumouth  school  only  served  to 
divide  the  patronage  which  would  have  been  a  support  for  one  only,  and  after 
ten  years  of  unprolitable  effort,  it  was  resolved  in  convention  by  the  Christian 
church  to  unite  Bethel  and  Monmouth,  under  the  name  of  Monmouth  Chris 
tian  College,  which  was  done.  The  first  session  of  this  college  is  reckoned 
from  October  18GG  to  June  1867.  The  necessity  for  an  endowment  led,  m 
18G8,  to  the  sale  of  forty  scholarships  at  five  hundred  dollars  each,  by  which 
assistance  the  institution  became  fairly  prosperous.  On  the  organization  of 
the  co'lege,  L.  L.  Rowland  of  Bethany  college,  Virginia,  was  made  principal, 
with  N.  Hudson  assistant.  In  18G9  a  more  complete  organization  took  place, 
and  T.  F.  Campbell,  a  native  of  Mississippi  and  graduate  of  Bethany  college, 
was  placed  at  the  head  of  the  college  as  principal,  being  selected  president 
the  ioliowin<*  year,  a  situation  which  he  held  for  thirteen  years  with  profit  to 


the  management.     A  substantial  brick  building  was  erected,  a  newspaper, 
the  Monmouth  Christian  Messenger,  published,  and  the  catalogue  showed  2^0 


property  is  valued  at  twenty  thousand  dollars,  and  the  endowment  twenty- 
five  thousand.  The  census  of  1870  gives  the  number  of  Christian  churches  at 
twenty -six,  and  church  edifices  at  sixteen.  At  a  Christian  cooperation  con 
vention  held  at  Dallas  in  1877,  thirty-one  societies  were  represented.  Later 
a  church  was  organized  in  Portland,  and  a  building  erected  for  religious  ser- 

Baker  City  Academy,  an  incorporated  institution,  was  opened  in  1868, 
with  F  H  Grubbe  principal,  assisted  by  his  wife,  Jason  Lee's  daughter. 
Grubbe  subsequently  took  charge  of  The  Dalles  nigh  school,  his  wne  dying 
at  that  place  in  1881.  He  was  succeeded  in  the  Baker  City  academy  by  S. 
P  Barrett,  and  later  by  William  Harrison.  As  the  pioneer  academy  of  east 
ern  Oregon,  it  did  a  good  work.  The  corner-stone  of  the  Blue  Mountain 
University  at  La  Grande  was  laid  in  1874.  In  1878  it  was  in  successful  op 
eration,  wilh  colleges  of  medicine,  law,  and  theology  promised  at  an  early 
day  In  addition  to  the  preparatory  and  classical  departments,  there  were 
two  scientific  courses  of  four  years.  The  school  was  non-sectarian.  G.  E. 
Ackerman  was  first  president.  A  good  school  was  also  established  at  Union, 
and  the  Independent  Academy  at  The  Dalles.  The  latter  institution  acquired 
possession  of  the  stone  building  partially  erected  for  a  mint  in  1SG9-/0,  but 
presented  to  the  s.ate  when  the  mint  was  abandoned,  and  by  the  state  trans 
ferred  to  this  school. 

The  First  Unitarian  Church  of  Portland,  incorporated  m  1865  by  Thomas 
Frazier  E.  I).  Shattuck,  and  R.  R.  Thompson,  was  the  first  of  that  denom 
ination  in  the  state.  Its  first  house  of  worship  was  located  on  the  corner •  ot 
Yamhiil  and  Seventh  streets,  a  plain  building  of  wood,  the  lot  costing  $/,(X)0, 
with  free  seats  for  300  people.  Its  pastor,  T.  L.  Eliot,  drew  to  this  modest 
temple  goodly  congregations;  the  society  grew,  and  in  1878  was  laid  the  cor 
ner-stone  of  the  present  church  of  Our  Father,  one  of  the  most  attractive 
edifices  in  the  city,  which  was  dedicated  in  1879.  Olympia  Imitanan  Advo 
cate,  Aug.  1878;  'Portland  Oref/onian,  July  27,  1878,  June  14,  1879.  There 
is  a  small  number  of  universalists  in  the  state.  They  had  a  church  at  Coquule 
City,  organized  by  Zenas  Cook,  missionary  of  this  denomination,  lliey 
erected  a  place  of  worship  in  1878. 


688      PUBLIC  SCHOOLS  AND  BENEVOLENT  INSTITUTIONS. 

years  of  struggle  against  adverse  circumstances,  the  building"  was  sold  by  the 
sheriff  in  May  1875.  Another  lutheran  church  was  organized  in  1871,  by  A. 
E.  Fridrichsen,  from  the  Danes,  Swedes,  and  Norwegians  of  Portland,  and 
incorporated  June  9,  1871,  under  the  name  of  the  Scandinavian  Evangelical 
Lutheran  Church  of  Portland.  Being  offered  building  ground  in  East  Port 
land  by  James  B.  Stephens  and  wife,  they  built  there,  but  services  were  also 
held  in  the  basement  of  the  first  presbyterian  church,  where  a  discourse  in  the 
Swedish  tongue  was  preached  Sunday  evenings.  As  there  was  considerable  im 
migration  from  the  Scandinavian  and  German  countries,  the  lutheran  church 
rapidly  increased  in  Oregon  and  Washington.  From  centennial  report  by  A. 
Emil  Fridrichsen,  in  Portland  Christian  Advocate,  May  11,  1876. 

Portland  had  also  a  German  church,  an  African  Methodist  Episcopal  Zion 
church,  two  Jewish  societies,  Beth  Israel  with  a  synagogue  at  the  corner  of 
Fifth  and  Oak,  and  Ahavai  Sholom  with  a  synagogue  on  Sixth  street,  between 
Oak  and  Pine,  and  a  Chinese  temple  on  Second  street,  between  Morrison  and 
Adler  streets. 

The  Seventh-Day  Adventists  had  a  church  incorporated  in  September 
1878,  at  Milton,  Umatilla  county,  by  J.  C.  Burch,  W.  Eussell,  and  W.  J. 
Goodwin. 

The  First  Society  of  Humanitarians  of  Astoria  was  incorporated  in  Janu 
ary  1878,  by  James  Taylor,  L.  O.  Fruit,  and  John  A.  Goss. 

The  Methodist  G.  Church  South  was  organized  at  Wiiigville,  Baker  county, 
in  1878,  Hiram  Osborne,  C.  G.  Chandler,  and  E.  C.  Perkins,  trustees. 

The  Emanuel  Church  of  the  Evangelical  Association  of  North  America,  of 
Albany,  was  incorporated  July  22,  1878,  by  E.  B.  Purdom,  F.  Martin,  and  L. 
G.  Allen. 

There  were  Hebrew  Congregations  at  Astoria  and  Albany.  Or.  Sec.  State 
Rapt,  1878,  112-20. 

The  latest  available  statistics,  those  of  1875,  gave  the  number  of  religious 
organizations  in  Oregon,  of  all  denominations,  at  351,  with  242  churches,  320 
clergymen,  14,324  communicants,  and  71,630  adherents.  The  assessed  value 
of  the  church  property  was  $654,000.  During  the  years  following  there  was 
a  large  increase  in  numbers  and  property.  With  respect  to  numbers,  the 
different  denominations  rank  as  follows:  Methodists,  baptists,  catholics,  epis 
copalians,  congregationalists,  and  other  minor  sects. 

PUBLIC  SCHOOLS  AND  BENEVOLENT  INSTITUTIONS. 

That  section  of  the  organic  act  which  conferred  1,280  acres  of  land  upon 
every  township  for  the  support  of  public  schools  made  a  system  of  free  edu 
cation  obligatory  upon  the  people,  and  one  of  the  first  acts  of  the  legislature 
of  1849  was  a  law  in  consonance  with  this  gift,  providing  for  the  appropria 
tion  of  the  interest  of  the  money  arising  from  the  sale  of  school  lands  to  tha 
purposes  of  public  insruction.  The  law,  in  a  revised  form,  exists  still.  But  th« 
income  of  the  school  fund  arising  from  sales  of  school  land  was  not  sufficient 
for  the  support  of  the  common  schools,  and  in  1853-4  the  revised  law  provided 
for  levying  a  tax  in  every  county,  of  two  mills  on  the  dollar,  and  ako  that  the 
county  treasurer  should  set  apart  all  moneys  collected  from  fines  for  breach  of 
any  of  the  penal  laws  of  the  territory,  in  order  to  give  immediate  effect  to  the 
educational  system.  The  legislature  of  1854-5  made  every  school  district  a 
body  corporate  to  assess  and  collect  taxes  for  the  support  of  the  public  schools 
for  a  certain  portion  of  the  year. 

When  Oregon  became  a  state  it  was  even  more  richly  endowed  with  lands 
for  educational  purposes,  and  in  its  constitution  generously  set  apart  much  of 
its  dower  for  the  same  purpose.  In  1876  the  common-school  fund  amounted 
to  over  half  a  million  dollars.  For  the  school  year  of  1877-8  the  interest  on 
the  school  fund  amounted  to  over  $48,000.  As  the  fund  increases  with  the 
gradual  sale  of  the  school  lands,  it  is  expected  that  an  amount  will  eventually 
be  realized  from  the  three  million  acres  remaining  which  will  meet  the  larger 
part  of  the  expense  of  the  public  schools.  In  Portland,  where  «he  schools  are 


STATE  UNIVERSITY.  689 

more  perfectly  graded  than  elsewhere,  the  cost  per  year  for  each  pupil  has 
been  about  twenty-one  dollars.  The  total  value  of  public  school  property  in 
the  state  in  1877-8  was  nearly  half  a  million  dollars,  comprising  752  school- 
houses  and  their  furniture.  The  lowest  average  monthly  salary  in  any  county 
was  thirty-five  dollars,  and  the  highest  seventy-one.  Biennial  Rept  Supt 
Pub.  Instruc.  Or.,  1878,  20.  The  course  of  study  in  the  common  schools, 
which  is  divided  into  seven  grades,  preparatory  to  the  high-school  course,  ia 
more  fully  exemplified  in  Portland  than  elsewhere.  The  whole  city  is  com 
prised  in  one  district,  with  buildings  at  convenient  distances  and  of  ample 
size.  The  Central  school  was  iirst  opened  in  May  1858.  It  was  built  on  a 
block  of  land  between  Morrison  and  Yamhill  and  Sixth  and  Seventh  streets, 
for  which  in  1856  $1,000  was  paid,  and  a  wing  of  the  main  building  erected, 
costing  $3,COO,  the  money  being  raised  by  taxation,  according  to  the  school 
law.  The  following  year  another  $4,000  was  raised  and  applied  to  the  com 
pletion  of  the  building;  111  pupils  were  present  at  the  opening,  the  principal 
being  L.  L.  Terwiliiger,  assisted  by  0.  Connelly  and  Mrs  Hensill.  In  1872-3 
the  original  structure  was  moved  and  added  to,  making  a  new  and  commodi 
ous  house  at  a  cost  of  over  $30,000.  In  1883,  the  block  on  which  it  stood  be 
ing  needed  for  a  hotel,  the  building  was  moved  to  a  temporary  resting-place 
on  the  next  block  north.  The  second  school  building  was  erected  in  18G5,  at 
the  corner  of  Sixth  and  Harrison  streets,  eleven  blocks  south  of  the  Central,  at 
a  cost  of  about  ten  thousand  dollars.  It  was  twice  enlarged,  in  1871  and  1877, 
at  a  total  cost  of  nearly  $21,000.  The  Harrison-Street  school  was  opened  in 
January  18G6  by  11.  K.  Warren,  principal,  assisted  by  Misses  Tower,  Ste 
phens,  and  Kelly.  In  May  1870  it  was  nearly  all  destroyed  by  fire,  but  was  re 
built  the  same  year  at  a  cost  of  $18,000,  and  reopened  in  February  1880.  The 
third  school  building  erected  in  the  district  was  called  the  North  School,  and 
was  located  between  Tenth  and  Eleventh  and  C  and  D  streets,  in  Couch's  Addi 
tion.  It  was  built  in  1SG7,  the  block  and  house  costing  over  seventeen  thousand 
dollars.  Two  wings  were  added  in  1877,  with  an  additional  expenditure  of 
over  four  thousand.  The  first  principal  wasG.  S.  Pershin,  assisted  by  Misses 
Hay,  Northrup,  and  Polk.  The  fourth,  or  Park  School,  was  erected  in  1878- 
9,  on  Park  Street,  at  a  cost  of  $42,000.  The  high  school  occupied  the  upper 
floor,  and  some  grant  mar  classes  the  lower.  Each  of  these  four  schools  had 
in  1883  a  sealing  capacity  of  some  G50,  while  the  attendance  was  about  four 
hundred  and  seventy-live  for  each.  Two  fine  school  buildings  have  been  added 
since  1880,  one  in  the  north  end  of  the  city,  called  the  Couch  School,  and  one 
in  the  south  end,  named  the  Failing  School,  after  two  prominent  pioneers  of 
Portland.  There  was  a  high  school,  three  stories  and  basement,  of  the  most 
modern  design,  which  cost  ^150,000. 

The  State  University,  which  received  an  endowment  from  the  general 
government  of  over  40,000  acres  of  land,  has  realized  therefrom  over  $70,000, 
the  interest  on  which  furnishes  a  small  part  of  the  means  required  for  its  sup 
port,  the  remainder  being  derived  from  tuition  fees.  The  institution  passed 
through  the  same  struggles  that  crippled  private  institutions. 

After  expending  the  money  appropriated  by  congress  in  political  squab 
bles,  it  was  for  a  long  time  doubtful  if  a  university  would  be  founded 
within  the  generation  lor  whom  it  was  intended,  when  Lane  county  came  to 
the  rescue  in  the  following  manner:  The  citizens  of  Eugene  City  resolved  in 
1872  to  have  an  institution  of  learning  of  a  higher  grade  than  the  common 
schools.  An  association  was  incorporated  in  August  of  that  year,  consisting  of 
J.  M.  Thompson,  J.  J.  Walton,  Jr,  W.  J.  J.  Scott,  B.  F.  Dorris,  J.  B.  Under 
wood,  J.  J.  Comstock,  A.  S.  Patterson,  S.  H.  Spencer,  E.  L.  Bristow,  E.  L. 
Apple^ate,  and  A.  W.  Patterson,  of  Lane  county,  which  was  called  the 
Union  University  Association,  with  a  capital  stock  of  $50,000,  in  shares  of 
$100  each.  During  the  discussions  consequent  upon  the  organization,  a  propo 
sition  was  made  and  acted  upon,  to  endeavor  to  have  the  state  university 
located  at  Eugene.  When  half  the  stock  was  subscribed  and  directors 
elected,  the  matter  was  brought  before  the  legislature,  of  which  A.  W.  Pat 
terson  \vas  a  member.  An  act  was  passed  establishing  the  state  university 
HIST.  OB.,  VOL.  II.  44 


690      PUBLIC  SCHOOLS  AND  BENEVOLENT  INSTITUTIONS. 

in  September  1872,  upon  the  condition  that  the  Union  University  Association 
should  procure  a  suitable  building  site,  and  erect  thereon  a  building  which 
•with  the  furniture  and  grounds  should  be  worth  not  less  than  $50,000,  the 
property  to  be  deeded  to  the  board  of  directors  of  the  state  university  free  of 
all  incumbrances,  which  was  done.  The  law  provided  that  the  board  of  state 
university  directors  should  consist  of  six  appointed  by  the  governor,  and  three 
elected  by  the  Union  University  Association.  The  governor  appointed  Matthew 
P.  Deady,  L.  L.  McArthur,  E.  S.  Strahan,  T.  G.  Hendricks,  George  Hum 
phrey,  and  J.  M.  Thompson,  the  three  elected  being  B.  F.  Dorris,  W.  J.  J. 
Scott,  and  J.  J.  Walton,  Jr.  At  the  first  meeting  of  the  board,  in  April  1873, 
Deady  was  elected  president. 

The  legislature  gave  substantial  aid  by  appropriating  $10,000  a  year  for 
1877-8.  Eighteen  acres  of  land  were  secured  in  a  good  situation,  and  a  build 
ing  erected  of  brick,  80  by  57  feet,  three  stories  in  height,  with  porticoes,  man 
sard  roof,  and  a  good  modern  arrangement  of  the  interior;  cost,  $80,000. 

It  was  necessary  to  provide  for  a  preparatory  department.  The  institution 
opened  October  10,  1876,  with  80  pupils  in  the  collegiate  and  75  in  the  pre 
paratory  departments;  43  in  the  collegiate  department  were  non-paying,  the 
•university  law  allowing  one  free  scholarship  to  each  county,  and  one  to  each 
member  of  the  legislature.  Owing  to  the  want  of  money,  there  was  not  a  full 
board  of  professors;  those  who  were  first  to  organize  a  class  for  graduation 
had  many  difficulties  to  contend  with.  The  first  faculty  consisted  only 
of  J.  W.  Johnson,  president  and  professor  of  ancient  classics,  Mark  Bailey, 
professor  of  mathematics,  and  Thomas  Condon,  professor  of  geology  and  nat 
ural  history.  The  preparatory  school  was  in  charge  of  Mrs  Mary  P.  Spiller, 
assisted  by  Miss  Mary  E.  Stone.  From  these  small  beginnings  was  yet  to 
grow  the  future  university  of  the  state  of  Oregon.  In  1884  there  were  7  regu 
lar  professors,  2  tutors,  215  students,  and  19  graduates.  JR<  gents'  llept,  1S7S, 
titate  University;  Or.  Mess,  and  Docs,  1876,  148-53;  Deady' s  Hist.  Or.,  MS., 
55;  Univer.  Or.  Catalogue,  1878,  18. 

State  institutions  for  the  education  of  deaf,  dumb,  and  blind  persons  re 
mained  backward.  The  deaf-and-dumb  school  at  Salem  was  organized  in 
1870,  with  thirty-six  pupils  in  attendance,  in  the  building  formerly  occupied 
by  the  academy  of  the  Sacred  Heart,  which  was  removed  into  a  new  one. 
The  legislature  provided  by  act  of  1870  that  not  more  than  $2,000  per  annum 
of  public  money  should  be  expended  on  the  instruction  of  deaf-mutes.  The 
legislature  of  1874  appropriated  $10,000  for  their  maintenance,  and  the  legis 
lature  of  1876,  $12,000,  The  first  appropriation  for  the  blind  was  made  in 
1872,  amounting  to  $2,000;  in  1874,  $10,000  was  appropriated;  in  1876, 
§8,000;  and  in  1878  a  general  appropriation  of  $10,OJO  was  made,  with  no 
directions  for  its  use,  except  that  it  was  to  pay  for  teachers  and  expenses  of 
the  deaf,  dumb,  and  Hind  schools.  In  1878  the  institute  for  the  blind  was 
closed,  and  the  few  under  instruction  returned  to  their  homes;  it  was  reopened 
and  closed  again  in  1884,  waiting  the  action  of  the  legislature.  These  insti 
tutions  have  no  fund  for  their  support,  but  depend  upon  biennial  appropri 
ations.  Like  all  the  other  public  schools,  they  were  for  a  time  under  the 
management  of  the  state  board  of  education,  but  the  legislature  of  1880  organ 
ized  the  school  for  deaf-mutes  by  placing  it  under  a  board  of  directors.  Or. 
Mess,  and  Doc*,  1882.  32. 

A  protege  of  the  general  government  was  the  Indian  school  at  Forest  Grove, 
where  a  hundred  picked  pupils  of  Indian  blood  were  educated  at  the  nation's 
expense.  The  scheme  was  conceived  by  Captain  C.  M.  Wilkinson  of  the 
3d  U.  S.  infantry,  who  procured  several  appropriations  for  the  founding  and 
conduct  of  the  school,  of  which  lie  was  made  first  superintendent.  The  ex 
periment  began  in  1880,  and  promised  well,  although  the  result  can  only  be 
known  when  the  pupils  have  entered  actual  life  for  themselves. 

Of  special  schools,  there  were  a  few  located  at  Portland.  The  homeopathic 
medical  college,  H.  McKinnell,  president,  was  a  society  rather  than  a  school. 

The  Oregon  school  and  college  association  of  natural  history,  under  the 
presidency  of  Thomas  Condon,  was  more  truly  a  branch  at  large  of  the  state 


PROSE  AND  POETRY.  691 

university.  P.  S.  Knight,  secretary,  did  much  in  Salem  to  develop  a 
taste  for  studies  in  natural  history,  by  example,  lecturing,  and  teaching; 
while  Condon,  whose  name  was  synonymous  with  a  love  of  geological  studies 
and  other  branches  of  natural  science,  did  no  less  for  The  Dalles,  Portland, 
Forest  Grove,  and  Eugene.  These  with  other  friends  of  science  formed 
an  association  for  the  cultivation  and  spread  of  the  natural  science  branches 
of  education,  the  seat  of  which  was  Portland. 

The  Oregon  Medical  College  of  Portland  was  formed  by  the  union  of  the 
Multnomah  County  Medical  Society  and  the  medical  department  of  the  Wil 
lamette  University.  The  former  society  was  founded  about  the  beginning  of 
1805,  and  the  latter  organized  in  1807.  Eighty-three  doctors  of  medicine 
were  graduated  from  the  university  in  ten  years.  In  1877  it  was  determined 
to  remove  this  branch  of  the  university  to  Portland,  where  superior  advan 
tages  might  be  enjoyed  by  the  students,  and  in  February  1873  the  incorpora 
tion  of  the  Oregon  Medical  College  took  place,  the  incorporators  being  R. 
Glisan,  Philip  Harvey,  W.  B.  Cardwell,  W.  H.  Watkins,  R.  G.  Rex,  O.  P. 
S.  Plummer,  Matthew  P.  Deady,  and  W.  H.  Saylor. 

LITERATURE. 

It  cannot  be  said  that  Oregon  has  a  literature  of  its  own.  Few  states  have 
ever  claimed  this  distinction,  and  none  can  properly  do  so  before  the  men 
and  women  born  on  its  soil  and  nurtured  in  its  institutions  have  begun  to 
send  forth  to  the  world  the  ideas  evolved  from  the  culture  and  observation 
obtained  there.  That  there  was  rather  more  than  a  usual  tendency  to  author 
ship  among  the  early  settlers  and  visitors  to  this  portion  of  the  Pacific  coast 
is  true  only  because  of  the  great  number  of  unusual  circumstances  attending 
the  immigration,  the  length  of  the  journey,  the  variety  of  scenery,  and  the 
political  situation  of  the  country,  which  gave  them  so  much  to  write  about 
that  almost  without  intention  they  appeared  as  authors,  writers  of  newspaper 
letters,  pamphleteers,  publishers  of  journals,  petitioners  to  congress,  and  re 
corders  of  current  events.  It  is  to  their  industry  in  this  respect  that  I  am 
indebted  for  a  large  portion  of  my  material.  Besides  these  authors,  all  of 
whom  have  been  mentioned,  there  remain  a  few  sources  of  information  to 
notice. 

The  Oregon  Spectator  has  preserved  some  of  the  earliest  poetry  of  the 
country,  often  without  signature.  Undoubtedly  some  of  the  best  was  written 
by  transient  persons,  English  officers  and  others,  who,  to  while  away  the  te 
dium  of  a  frontier  life,  dallied  with  the  muses,  and  wrote  verses  alternately 
to  Mount  Hood,  to  Mary,  or  to  a  Columbia  River  salmon.  Mrs  M.  J.  Bailey, 
George  L.  Curry,  J.  H.  P. ,  and  many  noms  de  ptumr.  appear  in  the  Spectator. 
Mount  Hood  was  apostrophized  frequently,  and  there  appear  verses  addressed 
to  the  different  immigrations  of  1843,  1845,  and  1846,  all  laudatory  of  Oregon, 
and  encouraging  to  the  new-comers.  Lieutenant  Drake  of  the  Modcstc  wrote 
frequent  effusions  for  the  Spectator,  most  often  addressed  'To  Mary;'  and 
Henry  N.  Peers,  another  English  officer,  wrote  'The  Adventures  of  a  Colum 
bia  River  Salmon,'  a  production  worth  preserving  on  account  of  its  descrip 
tive  as  well  as  literary  merit.  It  is  found  in  Or.  Spectator,  Sept.  2,  1847; 
Clyman's  Note-Book,  MS.,  9-10,  refers  to  early  OregDn  poets. 

In  point  of  time,  the  first  work  of  fiction  written  in  Oregon  was  The  Prairie 
Flower,  by  S.  W.  Moss  of  Oregon  City.  It  was  sent  east  to  be  published, 
and  appeared  with  some  slight  alterations  as  one  of  a  series  of  western  stories 
by  Emmerson  Bennett  of  Cincinnati.  One  of  its  foremost  characters  was 
modelled  after  George  W.  Ebberts  of  Tualatin  plains,  or  the  Black  Squire,  as 
he  was  called  among  mountain  men.  Two  of  the  women  in  the  story  were 
meant  to  resemble  the  wife  and  mother-in-law  of  Medorum  Crawford.  Moss's 
Pictures  Or.  City,  MS.,  18.  The  second  novel  was  Captain  Gray's  Company, 
by  Mrs  A.  S.  Duniway,  the  incidents  of  which  showed  little  imagination  and 
a  too  literal  observation  of  camp  life  in  crossing  the  plains.  Mrs  Duniway 
did  better  work  later,  although  her  abilities  lie  rather  with  solid  prose  than 


692  LITERATURE. 

fiction.  Charles  Applegate  wrote  and  published  some  tales  of  western  life, 
which  he  carefully  concealed  from  those  who  might  recognize  them.  The 
list  of  this  class  of  authors  is  short.  I  do  not  know  where  to  turn  for  another 
among  the  founders  of  Oregon  literature.  Every  college  and  academy  had 
its  literary  society,  and  often  they  published  some  small  monthly  or  bi-monthly 
journal,  the  contributions  to  which  may  be  classed  with  school  exercises 
rather  than  with  deliberate  authorship. 

Mrs  Belle  W.  Cooke  of  Salem  wrote  some  graceful  poems,  and  pub 
lished  a  small  volume  under  the  title  of  Tears  and  Victory.  Mrs  Cooke 
was  mother  of  one  of  Oregon's  native  artists,  Clyde  Cooke,  who  studied  in 
Europe,  and  inherited  his  talent  from  her.  Samuel  A.  Clarke  of  Salem,  au 
thor  of  Sounds  by  the  Western  Sea,  and  other  poems,  wrote  out  many  local 
legends  in  verse,  with  a  good  deal  of  poetical  feeling.  See  legend  of  the  Cas 
cades,  in  Harper's  Magazine,  xlviii.,  Feb.  1874,  313-19.  H.  C.  Miller, 
better  known  as  Joaquin  Miller,  became  the  most  widely  famous  of  all 
Oregon  writers,  and  has  said  some  good  things  in  verse  of  the  mountains  and 
woods  of  his  state.  It  is  a  pity  he  had  not  evolved  from  his  inner  conscious 
ness  some  loftier  human  ideals  than  his  fictitious  characters.  Of  all  his  pic 
tures  of  life,  none  is  so  fine  as  his  tribute  to  the  Oregon  pioneers,  under  the 
title  of  Pioneers  of  the  Pacific,  which  fits  California  as  well. 

Miller  married  a  woman  who  as  a  lyrical  poet  was  fully  his  equal;  but  while 
he  went  forth  free  from  their  brief  wedded  life  to  challenge  the  plaudits  of 
the  world,  she  sank  beneath  the  blight  of  poverty,  and  the  weight  of  woman's 
inability  to  grapple  with  the  human  throng  which  surges  over  and  treads  down 
those  that  faint  by  the  way;  therefore  Minnie  Myrtle  Miller,  still  in  the 
prime  of  her  powers,  passed  to  the  silent  land.  Among  the  poets  of  the  Wil 
lamette  Valley,  Samuel  L.  Simpson  deserves  a  high  rank,  having  written 
some  of  the  finest  lyrics  contributed  to  local  literature,  though  his  style  is  un 
even.  A  few  local  poems  of  merit  have  been  written  by  Mrs  F.  F.  Victor, 
who  came  to  Oregon  by  way  of  San  Francisco  in  1865,  and  published  sev 
eral  prose  books  relating  to  the  country.  It  seems  most  natural  that  all 
authorship  should  be  confined  to  topics  concerning  the  country,  its  remoteness 
from  literary  centres  and  paucity  of  population  making  it  unlikely  that  any 
thing  of  a  general  interest  would  succeed.  This  consideration  also  cramps  all 
intellectual  efforts  except  such  as  can  be  applied  directly  to  the  paying  pro 
fessions,  such  as  teaching,  medicine,  and  law,  and  restricts  publication  so  that 
it  does  not  fairly  represent  the  culture  of  the  people,  which  crops  out  only  inci 
dentally  in  public  addresses,  newspaper  articles,  occasionally  a  pamphlet  and 
at  long  intervals  a  special  book.  I  allude  here  to  such  publications  as  Mullan's 
Overland  Guide,  Drew's  Owyhee  Reconnaissance,  Condon's  Report  on  State, 
Geology,  Small's  Oregon  and  her  Resources,  Dufur's  Statistics  of  Oregon, 
Deady's  Wallamet  vs.  Willamette,  and  numerous  public  addresses  in  pamphlet 
form,  to  contributions  to  the  Oregon  pioneer  association's  archives,  Victor's  An 
Over  Oregon  and  Washington,  Murphy's  State  Directory,  GUisan's  Journal  of 
Army  Life,  and  a  large  number  of  descriptive  publications  in  paper  covers, 
besides  monographs  and  morceaux  of  every  descripton. 

The  number  of  newspapers  and  periodicals  published  in  Oregon  in  1880, 
according  to  the  tenth  census,  was  74,  against  2  in  1850,  16  in  1860,  and  35  in 
1870.  Of  these,  7  were  dailies,  59  weeklies,  6  monthlies,  1  semi-monthly,  and 
1  quarterly.  A  few  only  of  these  had  any  particular  significance.  The 
Astorian,  founded  in  1872  by  D.  C.  Ireland,  on  account  of  its  excellence  as 
a  commercial  and  marine  journal,  should  be  excepted.  The  Inland  Empire 
of  The  Dalles  is  also  deserving  of  mention  for  its  excellence  in  disseminating 
useful  information  on  all  topics  connected  with  the  development  of  the  coun 
try.  The  West  Shore,  a  Portland  monthly  publication,  founded  in  August 
1875  by  L.  Samuels,  grew  from  an  eight-page  journal  to  a  magazine  of  from 
twenty  to  thirty  quarto  pages,  chiefly  local  in  character,  and  profusely  illus 
trated  with  cuts  representing  the  scenery  and  the  architectural  improvements 
of  Oregon,  Washington,  Idaho,  Montana,  and  British  Columbia.  The  locality 
longest  without  a  newspaper  was  Coos  Bay,  which,  although  settled  early, 


PIONEER  ASSOCIATIONS.  693 

isolated  by  a  lack  of  roads  from  the  interior,  and  having  considerable  busi 
ness,  had  no  printing-press  until  October  1870,  when  the  Monthly  Guide  was 
started  at  Empire  City,  a  sheet  of  4  pages  about  6  by  4  inches  in  size.  It 
ran  until  changed  into  the  Coo*  Bay  News  in  March  1873,  when  it  was  en 
larged  to  12  by  18  inches.  In  September  of  the  same  year  it  was  removed  to 
Marshiield  and  again  enlarged. 

PIONEER  ASSOCIATION. 

The  Oregon  Pioneer  Society  was  organized  October  8  and  9,  1867,  at 
Salem,  in  the  hall  of  the  house  of  representatives,  W.  H.  Gray  being  prime 
mover.  The  officers  elected  were  J.  W.  Nesmith  president,  Matthew  P. 
Deady  vice-president,  I.  N.  Gilbert  treasurer,  and  Medorum  Crawford  secre 
tary.  Resolutions  were  offered  to  form  committees  to  obtain  facts  concerning 
the  immigration  of  1843,  and  in  reference  to  the  civil  and  political  condition  of 
the  country  from  its  earliest  settlement. 

In  the  mean  time  W.  H.  Gray  had  founded  the  Oregon  Pioneer  and  His 
torical  Society,  with  its  office  at  Astoria,  which  society  made  less  of  the  social 
reunions  and  more  of  the  collection  of  historical  documents,  and  which  held 
its  first  meeting  in  1872.  I  have  not  been  able  to  find  a  schedule  of  its  first 
proceedings.  Truman  P.  Powers,  one  of  Oregon's  most  venerable  pioneers,  was 
its  president  in  1875.  He  has  only  recently  died.  It  strikes  one,  in  looking 
over  the  proceedings  of  that  year,  that  less  sectarianism  would  be  conducive  to 
a  better  quality  of  history  material. 

On  the  18th  of  October,  1873,  the  original  society  reorganized  as  the  Ore 
gon  Pioneer  Association,  with  F.  X.  Mathieu  president,  J.  W.  Grim  vice- 
president,  W.  H.  Rees  secretary,  and  Eli  Cooley  treasurer.  It  held  its  anni 
versaries  and  reunions  on  the  15th  of  June,  this  being  the  day  on  which  the 
treaty  of  boundary  between  Great  Britain  and  the  United  States  was  con 
cluded.  Addresses  were  annually  delivered  by  men  acquainted  with  pioneer 
life  and  history.  Ex-governor  Curry  delivered  the  first  annual  address  No 
vember  11,  1873,  since  which  time,  Deady,  Nesmith,  Strong,  Rees,  Holman, 
Boise",  Minto,  Geer,  Atkinson,  Thornton,  Evans,  Applegate,  Staats,  Chadvvick, 
Grover,  and  others  have  contributed  to  the  archives  of  the  society  valuable 
addresses.  A  roll  of  the  members  is  kept,  with  place  of  nativity  and  year  of 
immigration,  and  all  are  eligible  as  members  who  came  to  Oregon  while  the 
territory  was  under  the  joint  occupancy  of  the  United  States  and  Great  Brit 
ain,  or  who  were  born  or  settled  in  the  territory  prior  to  January  1,  1854. 
Biographies  form  a  feature  of  the  archives.  The  association  offered  to  join 
with  the  historical  society  in  1874,  but  the  latter  decided  that  'any  material 
change  in  its  organic  existence  would  defeat  the  prime  object  of  the  society,' 
and  they  remained  apart.  The  association  is  a  popular  institution,  its  reunions 
being  occasions  of  social  intercourse  as  well  as  historical  reminiscences,  and 
occasions  for  the  display  of  the  best  talent  in  the  state.  The  transactions  of 
each  annual  meeting  are  published  in  a  neat  pamphlet  for  preservation.  In 
1877  the  men  and  women  who  settled  the  Rogue  River  and  other  southern 
valleys,  and  whose  isolation,  mining  adventures,  and  Indian  wars  gave  them 
a  history  of  their  own,  hardly  identical  with  but  no  less  interesting  than  that 
of  the  settlers  of  the  Willamette  Valley,  met  at  the  picturesque  village  of 
Ashland  and  founded  the  Pioneer  Society  of  Southern  Oregon  on  the  13th  of 
September  of  that  year,  about  800  persons  being  present.  Its  first  officers 
were  L.  C.  Duncan  president,  William  Hoffman  secretary,  N.  S.  Hayden  treas 
urer.  E.  L.  Applegate  delivered  an  address,  in  which  he  set  forth  the  motives 
which  animated,  and  the  exploits  which  were  performed  by,  the  pioneers. 
Other  addresses  were  made  by  Thomas  Smith,  E.  K.  Anderson,  and  John  E. 
Ross.  The  society  in  1885  was  in  a  prosperous  condition.  Portland  Orego- 
nian,  Nov.  18,  1867;  Port/and  Advocate,  Sept.  14,  1867;  Axtoria  Astoriaii, 
April  3,  1875;  Sac.  Record- Union,  April  3,  1875;  Portland  Bulletin,  Dec. 
6,  1871;  Portland  Oreyonian,  March  9, 1872;  Ashland  Tiding*,  Sept.  28,  1877; 
Jacksonville  Times,  April  12,  1878. 


694  IMMIGRATION  SOCIETY. 

LIBRARIES. 

The  original  State  Library  of  Oregon,  as  the  reader  knows,  was  destroyed 
by  fire  in  1855.  The  later  collection  numbered  in  1885  some  11,000  volumes, 
and  was  simply  a  law  library,  as  there  were  few  miscellaneous  books.  It 
contained  no  state  historical  documents  or  writings  of  local  authors  to  speak 
of.  The  annual  appropriation  of  $750  was  expended  by  the  chief  justice  in 
purchasing  books  for  the  supreme  court. 

The  Library  Association  of  Portland  had  the  largest  miscellaneous  collec 
tion  ia  the  state.  It  was  founded  in  February  1864  by  subscriptions  from  a 
few  prominent  men.  amounting  in  all  to  a  little  over  $2,500.  At  the  end  of 
the  first  year  it  had  500  volumes,  and  increased  annually  till  in  1885  there 
were  some  12,000  volumes.  Although  not  large,  this  library  was  selected 
with  more  than  ordinary  care,  the  choice  of  books  having  been  made  princi 
pally  by  Judge  Deady,  to  whose  fostering  care  its  continued  growth  may  be 
principally  ascribed,  although  the  institution  is  scarcely  less  indebted  to  W. 
S.  Ladd,  for  the  free  use  of  the  elegant  rooms  over  his  bank  for  many  years. 
The  first  board  of  directors  was  W.  S.  Ladd,  B.  Goldsmith,  L.  H.  Wakeiield, 
H.  W.  Corbett,  E.  D.  Shattuck,  C.  H.  Lewis,  William  Strong,  W.  S.  Cald- 
well,  P.  C.  Schuyler,  Jr,  and  Charles  Calef.  The  directors  were  divided  into 
five  classes  by  lot,  the  first  class  going  out  at  the  expiration  of  two  years,  the 
second  in  four  years,  and  so  on  to  the  end,  two  new  directors  being  elected 
biennially.  Tue  first  officers  of  the  association  were  W.  S.  Ladd,  president; 
William  Strong,  vice-president;  Bernard  Goldsmith,  treasurer;  Henry  Failing, 
corresponding  secretary:  W.  S.  Caldwell,  recording  secretary;  H.  W.  Scott, 
\V.  B.  Cardwell,  and  C.  C.  Strong,  librarians.  In  1872  the  association  em 
ployed  Henry  A.  Oxer  as  librarian  and  recording  secretary,  whose  qualifica 
tions  for  the  duties  materially  assisted  to  popularize  the  institution.  Jud0e 
Deacly  has  been  presiding  officer  for  many  years. 

The  Pacific  University,  State  University,  Willamette  University,  Mon- 
mouth  University,  McMinuville  and  other  colleges  and  schools,  and  tiie  catholic 
church  of  Portland,  maintained  libraries  for  the  use  of  those  under  tuition,  and 
there  were  many  private  collections  in  the  state. 

IMMIGRATION  SOCIETY. 

The  first  society  for  the  promotion  of  immigration  was  formed  in  1856,  in 
New  York,  under  the  title  of  New  York  Committee  of  Pacific  Emigration. 
S.  P.  Dewey  and  W,  T.  Coleman  of  San  Francisco,  and  Amory  Holbrook  and 
and  A.  McKinlay  of  Oregon  City,  were  present  at  the  preliminary  meeting  at 
the  Tontine  House.  An  appeal  was  made  to  the  people  of  Oregon  to  interest 
themselves  in  sustaining  a  board  of  immigration,  and  keeping  an  agent  in, 
New  York  in  common  with  the  California  Emigration  Society.  Or.  Statesman, 
Feb.  3,  1857.  The  matter,  however,  seems  to  have  been  neglected,  nothing 
further  being  heard  about  immigration  schemes  until  after  the  close  of  the 
civil  war,  and  after  the  settlement  of  Idaho  and  Montana  had  intercepted  the 
westward  flow  of  population,  reducing  it  to  a  minimum  in  the  Willamette 
Valley  and  everywhere  west  of  the  Cascades.  About  1868  the  State  Agricul 
tural  Society  appointed  A.  J.  Dufur,  its  former  president,  to  compile  and  pub 
lish  facts  concerning  the  'physical,  geographical,  and  mineral'  resources  of  the 
state,  anil  a  'description  of  its  agricultural  development,'  which  he  accord 
ingly  did  in  a  pamphlet  of  over  a  hundred  pages,  which  was  distributed  broad 
cast  and  placed  in  the  way  of  travellers.  Dufur's  Or.  Statistics,  Salem,  1869. 

In  August  1869  a  Board  of  Statistics,  Immigration,  and  Labor  Exchange 
was  formed  at  Portland,  with  the  object  of  promoting  the  increased  settlement 
of  the  country,  and  furnishing  immigrants  with  employment.  The  board  con 
sisted  of  ten  men,  who  managed  the  business  and  employed  such  agents  as  they 
thought  best,  but  the  revenues  were  derived  from  private  subscriptions.  Ten 
thousand  copies  of  pamphlets  prepared  by  the  society  were  distributed  the 


IMMIGRATION".  695 

first  year  of  its  existence,  and  the  legislature  was  appealed  to  for  help  in  fur 
nishing  funds  to  continue  these  operations,  which  were  assisted  by  a  subordi 
nate  society  at  Salem.  Or.  Legist.  Docs,  1870,  11,  app.  1-11.  In  1872  E.  L. 
Applegate  was  appointed  a  commissioner  of  immigration  by  the  legislature, 
with  power  to  equip  himself  with  maps,  charts,  and  statistics  in  a  manner  prop 
erly  to  represent  Oregon  in  the  United  States  and  Europe,  and  to  'counteract 
interested  misrepresentations.'  Or.  Law*,  1872,  38.  The  compensation  for 
this  service  was  left  blank  in  the  law,  from  which  circumstance,  and  from  the 
additional  one  that  Applegate  returned  to  Oregon  in  the  spring  of  1872  as  a 
peace  commissioner  to  the  Modocs  under  pay,  it  is  just  to  conclude  that  his 
salary  as  a  commissioner  of  immigration  was  insufficient  to  the  service,  or  that 
his  services  were  inadequate  to  the  needs  of  the  country,  or  both. 

At  the  following  session  in  1874  the  State  Board  of  Immigration  was 
created,  October  28th,  the  members  of  which  were  to  be  appointed  by  the 
governor  to  the  number  of  five,  who  were  to  act  without  salary  or  other  com 
pensation,  under  rules  of  their  own  making.  This  act  also  authorized  the 
governor  to  appoint  honorary  members  in  foreign  countries,  none  of  whom 
were  to  receive  payment.  Or.  Law*,  1874,  113.  The  failure  of  the  legislature 
to  make  an  appropriation  compelled  the  commissioners  appointed  by  the  gov 
ernor  to  solicit  subscriptions  in  Portland.  Considerable  money  was  collected 
from  business  firms,  and  an  agent  was  sent  to  San  Francisco.  Upon  recom 
mendation  of  the  state  board,  consisting  of  W.  S.  Ladd,  H.  W.  Corbett,  B. 
Goldsmith,  A.  Lienenweber  and  William  Ileid,  the  governor  appointed  twenty- 
four  special  agents,  ten  in  the  United  States,  ten  in  Europe,  two  in  New 
Zealand,  and  two  in  Canada.  The  results  were  soon  apparent.  Nearly  0,000 
letters  of  inquiry  were  received  in  the  eighteen  months  ending  in  September 
1876,  and  a  perceptible  movement  to  the  north-west  was  begun.  The  eastern 
branch  of  the  state  board  at  Boston  expended  $24,000  in  the  period  just 
mentioned  for  immigration  purposes;  half -rates  were  secured  by  passenger 
vessels  and  railway  lines  from  European  ports  to  Portland,  by  which  means 
about  4,000  immigrants  came  out  in  1875,  and  over  2,000  in  1870,  while 
the  immigration  of  the  following  year  was  nearly  twelve  thousand.  Or.  M?ss. 
and  Docs,  1876,  14,  10;  Portland  Board  of  Trade,  1877,  17. 

On  the  24th  of  January,  1877,  the  Oregon  State  Immigration  Society 
organized  under  the  private-corporations  act  of  1862,  with  a  capital  stock  of 
$500,003,  in  shares  of  §5  each,  the  object  being  to  promote  immigration,  col 
lect  and  diffuse  information,  buy  and  sell  real  estate,  and  do  a  general  agency 
business.  The  president  of  the  incorporated  society  was  A.  J.  Dufur,  vice- 
president  D.  H.  Stearns,  secretary  T.  J.  Matlock,  treasurer  L.  P.  W.  Quimby. 
By- Laws  Or.  Em'ifj.  Soc.,  16.  An  office  was  opened  in  Portland,  and  the 
society,  chiefly  through  its  president,  performed  considerable  labor  without 
any  satisfactory  pecuniary  returns.  But  there  was  by  this  time  a  wide-spread 
interest  wakened,  which  led  tostatisical  and  descriptive  pamphlets,  maps,  and 
circulars  by  numerous  authors,  whose  works  were  purchased  and  made  use  of 
by  the  Oregon  and  California  and  Northern  Pacific  railroad  companies  to  settle 
their  lands,  and  by  other  transportation  companies  to  swell  their  passenger 
lists.  The  result  of  these  efforts  was  to  fill  up  the  eastern  portion  of 
Oregon  and  Washington  with  an  active  population  in  a  few  years,  and  to 
materially  increase  the  wealth  of  the  state,  both  by  addition  to  its  producing 
capacity,  and  by  a  consequent  rise  in  the  value  of  lands  in  ^very  part  of  it. 
The  travel  over  the  Northern  Pacific,  chiefly  immigration,  was  large 
from  the  moment  of  its  extension  to  the  Rocky  Mountains,  and  was  in  1885 
still  on  the  increase. 

RAILROADS. 

In  February  1853  the  Oregon  legislative  assembly,  stirred  by  the  discus 
sion  in  congress  of  a  transcontinental  railroad,  passed  a  memorial  in  relation 
to  such  a  road  from  the  Mississippi  River  to  some  point  on  the  Pacific  coast, 
this  being  the  first  legislative  action  with  regard  to  railroads  in  Oregon  after 
the  organization  of  the  territory,  although  there  had  been  a  project  spoken  of, 


696  RAILROADS. 

and  even  advertised,  to  build  a  railroad  from  St  Helen  on  the  Columbia  to 
Lafayette  in  Yamhill  county  as  early  as  1850.  Or.  Spectator,  Jan.  30,  1850. 
Knighton,  Tappan,  Smith,  and  Crosby  were  the  projectors  of  this  road. 

In  the  latter  part  of  1853  came  I.  I.  Stevens  to  Puget  Sound,  full  of  the 
enthusiasm  of  an  explorer,  and  sanguine  with  regard  to  a  road  which  should 
unite  the  Atlantic  and  Pacific  states.  Under  the  excitement  of  this  confident 
hope,  the  legislature  of  1853-4  granted  charters  to  no  less  than  four  raihvay 
companies  in  Oregon,  and  passed  resolutions  asking  for  aid  from  congress. 
Or.  Jour.  Council,  1853-4,  125.  The  Willamette  Valley  Railroad  Company, 
the  Oregon  and  California  Railroad  Company,  the  Cincinnati  Eailroad  Com 
pany,  and  the  Clackainas  Railroad  Company  were  the  four  mentioned.  The 
Cincinnati  company  proposed  to  build  a  road  from  the  town  of  that  name  in 
Polk  county  to  some  coal  lands  in  the  same  county.  Id.,  125;  Or.  Statesman^ 
April  18,  1854.  The  act  concerning  the  Clackainas  company  is  lacking  among 
the  laws  of  that  session,  although  the  proceedings  of  the  council  show  that  it 
passed.  It  related  to  the  portage  around  the  falls  at  Oregon  City.  Or.  Jour. 
Council,  94,  95,  107,  116,  126.  One  of  these  companies  went  so  far  as  to  hold 
meetings  and  open  books  for  subscriptions,  but  nothing  further  came  of  it. 
The  commissioners  were  Frederick  Waymire,  Martin  L.  Barker,  John  Thorp, 
Solomon  Tetherow,  James  S.  Holman,  Harrison  Linnville,  Fielder  M.  Thorp, 
J.  C.  Avery,  and  James  O'Neil.  Or.  Statesman,  April  11  and  25,  1854.  This 
was  called  the  Willamette  Valley  Railroad  Company. 

A  charter  was  granted  to  a  company  styling  itself  the  Oregon  and  Cali 
fornia  Railroad  Company,  who  proposed  to  build  a  road  from  Eugene  City 
to  some  point  on  the  east  side  of  the  Willamette  River  below  Oregon  City,  or 
possibly  to  the  Columbia  River.  The  commissioners  for  the  Oregon  and  Cal 
ifornia  road  were  Lot  Whitcomb,  N.  P.  Doland,  W.  Meek,  James  B.  Stephens, 
William  Holmes,  Charles  Walker,  Samuel  Officer,  William  Barlow,  John 
Gribble,  Harrison  Wright,  J.  D.  Boon,  J.  L.  Parrish,  Joseph  Holman,  Wil 
liam  H.  Rector,  Daniel  Waldo,  Benj.  F.  Harding,  Samuel  Simmons,  Ralph 
C.  Geer,  William  Parker,  Augustus  R.  Dimick,  Hugh  Cosgrove,  Robert 
Newell,  VV.  H.  Willson,  Green  McDonald,  James  Curl,  E.  H.  Randall,  Luther 
Elkins,  John  Crabtree,  David  Claypole,  Elmore  Keyes,  James  H.  Foster, 
George  Cline,  John  Smith,  Anderson  Cox,  John  H.  Lines,  Jeremiah  Duggs, 
John  N.  Donnell,  Asa  McCully,  Hugh  L,  Brown,  James  N.  Smith,  William 
Earle,  W.  W.  Bristow,  Milton  S.  Riggs,  James  C.  Robinson,  P.  Welkins, 
William  Stevens,  Jacob  Spores,  Benjamin  Richardson,  E.  F.  Skinner,  James 
Hetherly.  Felix  Scott,  Henry  Owen,  Benjamin  Davis,  Joseph  Bailey,  J.  W. 
Nesmith,  and  Samuel  Brown.  Id.,  April  4,  1854.  Of  this  likewise  nothing 
came  except  the  name,  which  descended  to  a  successor.  Another  corporation 
received  a  charter  in  1857  to  build  a  road  to  Newport  on  Yaquina  Bay, 
which  was  not  built  by  the  company  chartered  at  that  date.  The  only 
railroads  in  Oregon  previous  to  the  organization  of  the  Oregon  Central  Rail 
road  Company,  of  which  I  am  about  to  give  the  history,  were  the  portages 
about  the  cascades  and  dalles  of  the  Columbia  and  the  falls  at  Oregon  City. 

In  1863  S.  G.  Eliot,  civil  engineer,  made  a  survey  of  a  railroad  line  from 
Marysville  in  California  to  Jacksonville  in  Oregon,  where  his  labors  ended 
and  his  party  was  disbanded.  This  survey  was  made  for  the  California  and 
Columbia  River  Railroad  Company,  incorporated  October  13,  1863,  at  Marys 
ville,  California. »  Eliot  endeavored  to  raise  money  in  Oregon  to  complete  his 
survey,  but  was  opposed  by  the  people,  partly  from  prejudice  against  Califor- 
nian  enterprises.  Marysvil'le  Appeal,  June  27,  1863;  Portland  Orejonian,  Jan. 
4,  1864;  Deady's  Scrap-Book,  37,  56;  Portland  Oregonian,  Dec.  17,  1863. 
Joseph  Gaston,  the  railroad  pioneer  of  the  Willamette,  then  residing  in  Jack 
son  county,  being  deeply  interested  in  the  completion  of  the  survey  to  the 
Columbia  River,  took  it  upon  himself  to  raise  a  company,  which  he  placed 
under  the  control  of  A.  C.  Barry,  who  after  serving  in  the  civil  war  had  come 
to  the  Pacific  coast  to  regain  his  health.  Barry  was  ably  assisted  by  George 
H.  Belden  of  the  U.  S.  land  survey.  As  the  enterprise  was  wholly  a  volun 
teer  undertaking,  the  means  to  conduct  it  had  to  be  raised  by  contribution, 


HISTORY  OF  THE  OREGON  CENTRAL.  697 

and  to  this  most  difficult  part  of  the  work  Gaston  applied  himself.  A  circular 
was  prepared,  addressed  to  the  leading  farmers  ;ind  business  men  of  the  coun 
try  through  which  the  surveying  party  would  pass,  inviting  their  support, 
while  Barry  was  instructed  to  subsist  his  men  on  the  people  along  the  line 
and  trust  to  the  favor  of  the  public  for  his  own  pay. 

The  novelty  and  boldness  of  these  proceedings,  while  eliciting  comments, 
did  not  operate  unfavorably  upon  the  prosecution  of  the  survey,  which  pro 
ceeded  without  interruption,  the  party  in  the  field  living  sumptuously,  and 
often  being  accompanied  and  assisted  by  their  entertainers  for  days  at  a  time. 
It  was  not  always  that  the  people  applied  to  were  so  enthusiastic.  One  promi 
nent  man  declared  that  so  far  from  the  country  being  able  to  support  a  rail 
road,  if  one  should  be  built  the  first  train  would  carry  all  the  freight  in  the 
country,  the  second  all  the  passengers,  and  the  third  would  pull  up  the  track 
behind  it  and  carry  off  the  road  itself.  'This  same  man,'  remarks  Mr 
Gaston,  '  managed  to  get  into  office  in  the  first  railroad  company,  and  has  en 
joyed  a  good  salary  therein  for  13  years.'  Gastorfs  Railroad  Devel  pment  in 
Orcyon,  MS.,  8-9.  Gaston  continued  to  write  and  print  circulars,  which  were 
distributed  to  railroad  men,  county  officers,  government  land-offices,  and  all 
persons  likely  to  be  interested  in  or  able  to  assist  in  the  organization  of  a 
railroad  company,  both  on  the  Paci5c  coast  and  in  the  eastern  states.  These 
open  letters  contained  statistical  and  other  information  about  the  country, 
and  its  agricultural,  mineral,  commercial,  and  manufacturing  resources. 
Hundreds  of  petitions  were  at  the  same  time  put  in  circulation,  asking  congress 
to  grant  a  subsidy  in  bonds  and  lands  to  aid  in  constructing  a  branch  railroad 
from  the  Central  Pacific  to  Oregon. 

By  the  time  the  legislature  met  in  September,  Gaston  had  Barry's  report 
completed  and  printed,  giving  a  favorable  view  of  the  entire  practicability  of 
a  road  from  Jacksonville  to  the  Columbia  at  yt  Helen,  to  which  point  it  was 
Barry's  opinion  any  road  through  the  length  of  the  Willamette  River 
ought  to  go,  although  the  survey  was  extended  to  Portland.  To  this  report 
was  appended  a  chapter  on  the  resources  of  Oregon,  highly  flattering  to  the 
feelings  of  the  assembly.  The  document  was  referred  to  the  committee  on 
corporations,  and  James  M.  Pyle,  senator  from  Douglas  county,  chairman, 
made  an  able  report,  supporting  the  policy  of  granting  state  aid.  Cyrus  01- 
ney,  of  Clatsop  county,  drew  up  the  first  state  subsidy  bill,  proposing  to  grant 
$2oO,000  to  the  company  that  should  first  construct  100  miles  of  railroad  in 
the  Willamette  Valley.  The  bill  became  a  law,  but  no  company  ever  accepted 
this  trifling  subsidy.  Portland  Oregonian,  Sept.  7  and  13,  1864;  Barry's  Cal. 
et-  Or.  It.  R.  Surcey,  34;  Or.  Journal  Senate,  18G4,  ap.  30-7;  Portland  Orejo- 
nian,  Nov.  5,  1864;  Or.  Jour.  House,  1864,  ap.  185-9;  Or.  Statesman,  July 
23,  1804;  Portland  Orer/oman,  June  20,  July  27,  Aug.  11,  Sept.  13,  Oct. 
29,  1804.  In  November,  however,  after  the  adjournment  of  the  legisla 
ture,  an  organization  was  formed  under  the  name  of  the  Willamette  Valley- 
Railroad  Company,  -which  opened  books  for  subscription,  and  filed  arti 
cles  of  incorporation  in  December.  Id.,  Nov.  12  and  17,  and  Dec.  2,  1804; 
Deady's  Scraj>-Book,  107.  The  incorporators  were  J.  C.  Ainsworth,  H.  W. 
Corbett,  W.  S.  Ladd,  A.  C.  Gibbs,  C.  N.  Carter,  I.  R.  Moores,  and  E.  N. 
Cooke.  Ainsworth  was  president,  and  George  H.  Belden  secretary.  Beldcn 
was  a  civil  engineer,  and  had  been  chief  in  the  surveyor-general's  office,  but 
resigned  to  enter  upon  the  survey  of  the  Oregon  and  California  railroad.  Or. 
Argus,  May  25,  1863.  Barry  meantime  proceeded  with  his  reports  and  peti 
tions  to  Washington,  where  he  expected  the  cooperation  of  Senators  Williams 
and  Nesmith.  The  latter  did  indeed  exert  his  influence  in  behalf  of  con 
gressional  aid  for  the  Oregon  branch  of  the  Central  Pacific,  but  Barry  became 
weary  of  the  uncertainty  and  delay  attendant  upon  passing  bills  through  con 
gress,  and  giving  up  the  project  as  hopeless,  went  to  Warsaw,  Missouri,  where 
he  entered  upon  the  practice  of  law. 

Before  Barry  quitted  Washington  he  succeeded  in  having  a  bill  introduced 
in  the  lower  house  by  Cole  of  California,  the  terms  of  which  granted  to  the 
California  and  Oregon  Railroad  Company  of  California,  and  to  such  company 


698  RAILROADS. 

organized  under  the  laws  of  Oregon  as  the  legislature  of  the  state  should 
designate,  twenty  alternate  sections  of  land  per  mile,  ten  on  each  side  of  the 
road,  to  aid  in  the  construction  of  a  line  of  railroad  and  telegraph  from  some 
point  on  the  Central  Pacific  railroad  in  the  Sacramento  Valley  to  Portland, 
Oregon,  through  the  Rogue  River,  Umpqua,  and  Willamette  valleys,  the  Cal 
ifornia  company  to  build  north  to  the  Oregon  boundary,  and  the  Oregon  com 
pany  to  build  south  to  a  junction  with  the  California  road.  Cong.  Globe, 
1865-6,  ap.  388-9;  Zabriakie'fi  Land  Laws,  637;  Veatch&'s  Or.,  12-21.  This 
bill,  which  was  introduced  in  December  1864,  did  not  become  a  law  until 
July  23,  1866,  and  was  of  comparatively  little  value,  as  the  line  of  the  road 
passed  through  a  country  where  the  best  lands  were  already  settled  upon. 
The  bill  failed  in  congress  in  1865  because  Senator  Conness  of  California 
refused  to  work  with  Cole.  It  passed  the  house  late,  and  the  senate  not  at 
all.  S.  F.  Bulletin,  March  8,  1865;  Eujene  Review,  in  Portland  Oregonian, 
April  1  and  26,  1865.  The  California  and  Oregon  railroad  had  already  filed 
ar deles  of  incorporation  at  Sacramento,  its  capital  stock  being  divided  into 
150,000  shares  at  $100  a  share.  When  the  subsidy  bill  became  a  law  the 
Oregon  Central  Railroad  Company  was  organized,  and  the  legislature,  accord 
ing  to  the  act  of  congress,  designated  this  company  as  the  one  to  receive  the 
Oregon  portion  of  the  land  grant,  at  the  same  time  passing  an  act  pledging 
the  state  to  pay  interest  at  seven  per  cont  on  one  million  dollars  of  the  bonds 
of  the  company,  to  ba  issued  as  the  work  progressed  on  the  first  hundred 
miles  of  road.  This  aet  was  repealed  as  unconstitutional  in  1868.  Or.  Laws, 
I860,  1868,  44-5;  Deady's  Scrap- Book,  176;  3.  F.  Bulletin,  Oct.  25  and  Nov. 
2,  1S66.  See  special  message  of  Gov.  Woods,  in  Sac.  Union,  Oct,  22,  1866. 
Articles  of  incorporation  were  filed  November  21,  1866.  The  incorporators 
were  II.  R.  Thompson,  E.  D.  Shattuck,  J.  C.  Ainsworth,  John  McCracken, 
S.  G.  Ree-i,  W.  S.  Ladd,  H.  W.  Corbefct,  C.  H.  Lewis  of  Portland,  M.  M. 
Mclvin,  Jesse  Applegate,  E.  R.  Geary,  S.  Ellsworth,  F.  A.  Chenoweth,  Joel 
Palmer,  T.  H.  Cox,  I.  R.  Moores,  George  L.  Woods,  J.  S.  Smith,  B.  F. 
Brown,  and  Joseph  Gaston.  Gaston's  Railroad  Development  of  Or.,  MS., 
15-16. 

The  incorporators  elected  Gaston  secretary  and  general  agent,  authorizing 
him  to  open  the  stock-books  of  the  company,  and  canvass  for  subscriptions, 
which  was  done  with  energy  and  success,  the  funds  to  construct  the  first 
twenty-live  miles  being  promised,  when  Eliot,  before  mentioned,  suddenly 
appeared  in  Oregon  with  a  proposition  signed  A.  J.  Cook  &  Co.,  whereby  the 
Oregon  company  was  asked  to  turn  over  the  whole  of  its  road  to  the  people 
of  California  to  build.  The  compensation  offered  for  this  transfer  was  the 
sum  of  $50,000  to  each  of  the  ineorporators,  to  be  paid  in  unassessable  pre 
ferred  stock  in  the  road.  To  this  scheme  Gaston,  as  the  company's  agent, 
offered  an  earnest  opposition,  which  was  sustained  by  the  majority  of  the 
incorporators;  but  to  the  Salem  men  the  bait  looked  glittering,  and  a  division 
ensued.  A  new  company  was  projected  by  these,  in  the  corporate  name  of 
the  first,  the  Oregon  Central  Railroad  Company,  with  the  evident  intention 
of  driving  from  the  field  the  original  company,  and  securing  under  its  name 
the  land  grant  and  state  aid.  A  struggle  for  control  now  set  in,  which  was 
extremely  damaging  to  the  enterprise.  Seeing  that  litigation  and  delay  nrast 
ensue,  the  capitalists  who  had  contracted  to  furnish  funds  for  the  first 
twenty-five  miles  of  road  at  once  cancelled  their  agreement,  refusing  to  sup- 


Willamette  River,  and  proceeded  again  with  the  labor  of  securing  financial 
support.  The  Salem  company  naturally  desiring  to  build  on  the  east  side  of 
the  river,  and  assuming  the  name  of  the  original  corporation,  gave  rise  to  the 
custom,  long  prevalent,  of  calling  the  two  companies  by  the  distinctive  titles 
of  East-Side  and  West-Side  companies. 

While  Gaston  was  going  among  the  people  delivering  addresses  and  taking 
subscriptions  to  the  west-side  road,  the  east-side  company,  which  organized 


RIVAL  COMPANIES.  699 

April  22,  1867,  proceeded  in  an  entirely  different  manner  to  accomplish  their 
end.  Se»eii  men  subscribed  each  one  share  of  stock,  at  §100,  and  electing 
one  of  their  number  president,  passed  a  resolution  authorizing  that  officer  to 
subscribe  seven  million  dollars  for  the  company.  This  manoeuvre  was  con 
trary  to  the  incorporation  law  of  the  state,  which  required  one  half  of  the 
capital  stock  of  a  corporation  to  be  subscribed  before  the  election  of  a  board 
of  directors.  The  board  of  directors  elected  by  subscribing  $100  eacli  were 
J.  H.  Moorcs,  I.  R.  Moores,  George  L.  Woods,  E.  N.  Cooke,  Samuel  A. 
Clarke.  Woods  was  elected  president,  and  Clark  secretary.  To  these  were 
subsequently  added  J.  H.  Douthitt.  F.  A.  Chenoweth,  Green  B.  Smith,  S. 
Ellsworth,  J.  H.  D.  Henderson,  S.  F.  Chadwick,  John  E.  Ross,  A.  L.  Love- 
joy,  A.  F.  Hedges,  S.  B.  Parrish,  Jacob  Conser,  T.  McF.  Patton,  and  John 
I1.  Miller.  GaxtoiSs  Railroad  Development  in  Or.,  MS.,  22-3.  Before  the 
meeting  of  the  next  legislature,  thirteen  other  directors  were  added  to  the 
board,  being  prominent  citizens  of  different  counties,  who  it  was  hoped  would 
have  influence  wiih  that  body,  and  to  each  of  these  was  presented  a  share  of 
the  stock  subscribed  by  the  president.  So  far  there  had  not  been  a  bona 
fide  subscription  by  any  of  the  east  side  company.  In  order  to  hold  his  own 
against  this  specious  financiering,  Gaston,  after  raising  considerable  money 
among  the  farmers,  subscribed  in  Ids  own  name  half  the  capital  stock,  amount 
ing  to  $2,500,000.  As  a  matter  of  fact,  he  had  no  money,  but  as  a  matter  of 
law,  ii  was  necessary  to  have  this  amount  subscribed  before  organizing  a 
board  of  directors  for  his  company.  This  board  was  elected  May  25,  1867, 
at  a  meeting  held  at  Amity.  The  first  board  of  directors  of  the  Oregon  Cen 
tral  (west-side)  were  W.  C.  Whitson,  James  M.  Belcher,  W.  T.  Newby, 
Thomas  R.  Cornelius,  and  Joseph  Gaston.  Gaston  was  elected  president, 
and  Whitson  secretary.  Both  companies,  being  now  organized,  proceeded  to 
carry  out  their  plans  as  best  they  could.  Ehiot,  as  agent  of  the  east-side 
par^y,  went  ease  to  find  purchasers  for  the  bonds  of  the  company,  while  G.is- 
ton  continued  to  canvass  among  the  people,  and  also  began  a  suit  in  equity 
in  Marion  county  to  restrain  the  Salem  company  from  using  the  name  of  the 
Oregon  Central  company,  Gaston  appearing  as  attorney  for  jlamtiffs,  and 
J.  H.  Mitchell  for  the  defendants.  On  trial,  the  circuit  judge  avoided  a 
decision  by  holding  that  no  actual  damage  had  been  sustained.  Mitchell 
then  became  the  leading  spirit  of  the  east-side  company,  and  the  t\vo  parties 
contended  hotly  for  the  ascendency  by  circulating  printed  documents,  and 
holding  correspondence  with  bankers  and  brokers  to  the  injury  of  each  other. 
A  suit  was  also  commenced  to  annul  the  east-side  company,  on  the  ground  of 
illegal  organization.  Meanwhile  Elliot  was  in  Boston,  and  was  on  the  point 
of  closing  a  contract  for  a  large  amount  of  material,  when  Gaston's  circulars 
reached  that  city,  causing  the  failure  of  the  transaction,  and  compelling 
Elliot  to  return  to  Oregon,  having  secured  only  two  locomotives  and  some 
shop  material,  which  he  had  already  purchased  with  the  bonds  of  his  com 
pany.  A  compromise  would  now  have  been  accepted  by  the  east-side  party, 
but  the  west-side  would  not  agree  to  it,  and  in  point  of  fact  could  not,  because 
the  people  on  that  side  of  the  valley,  who  were  actual  subscribers,  would  not 
consent  to  have  their  road  run  on  the  east  side,  and  the  people  on  that  side 
would  not  subscribe  to  a  road  on  the  other. 

By  the  first  of  April,  1868,  both  parties  had  their  surveyors  in  the  field 
locating  their  lines  of  road.  Portland  Oreyonian,  March  11,  1868.  The  west- 
side  company  had  secured  $25,000  in  cash  subscriptions  in  Portland,  and  as 
much  more  in  cash  and  lands  in  the  counties  of  Washington  and  Yam  hill. 
The  city  of  Portland  had  also  pledged  interest  for  twenty  years  on  $250,000 
of  the  company's  bonds.  Washington  county  had  likewise  pledged  the  inter 
est  on  $50,000,  and  Yamhill  on  $75,000.  Thus  $375,000  was  made  available 
to  begin  the  construction  of  the  Oregon  Central.  The  east-side  company  had 
also  raised  some  money,  and  advertised  that  they  would  formally  break 
ground  near  East  Portland  on  the  16th  of  April,  1868,  for  which  purpose  bands 
of  music  and  the  presence  of  the  militia  were  engaged  to  give  eclat  to  the 
occasion.  An  address  by  W.  W.  Upton  was  announced. 


700  RAILROADS. 

The  west-side  company  refrained  from  advertising,  but  made  preparations 
to  break  ground  on  the  14th,  and  issued  posters  on  the  day  previous  only.  At 
ten  o'clock  of  the  day  appointed  a  large  concourse  of  people  were  gathered  iu 
Caruther's  addition  to  celebrate  the  turning  of  the  first  sod  on  the  Oregon 
Central.  Gaston  read  a  report  of  the  condition  of  the  company,  and  speeches 
were  made  by  A.  C.  Gibbs  and  W.  W.  Chapman.  This  ended,  Mrs  David 
C.  Lewis,  wife  of  the  chief  engineer  of  the  company,  lifted  a  shovelful  of 
earth  and  cast  it  upon  the  grade-stake,  which  was  the  signal  for  loud,  long, 
and  enthusiastic  cheering,  which  so  excited  the  throng  that  each  contributed 
a  few  minutes  labor  to  the  actual  grading  of  the  road-bed.  Thus  on  the  14th 
of  April,  1868,  was  begun  the  iirst  railroad  in  Oregon  other  than  the  portages 
above  mentioned.  On  the  16th  the  grander  celebration  of  the  cast-side  com 
pany  was  carried  out  according  to  programme,  at  the  farm  of  Gideon  Tibbets, 
south  of  East  Portland,  and  on  this  occasion  was  used  the  iirst  shovel  made 
of  Oregon  iron.  Portland  Oreyonian,  April  18,  1868;  McCormick's  J'ortland 
J)/r.,  1869,  8-9.  The  shovel  was  ordered  by  Samuel  M.  Smith,  of  Oswego 
iron,  and  made  at  the  Willamette  Iron  Works  by  William  Buchanan.  It  was 
shaped  under  the  hammer,  the  handle  being  of  maple,  oiled  with  oil  from  the 
Salem  mil's.  It  was  formally  presented  to  the  officers  of  the  company  on  the 
15th  of  April.  Portland  Ore-jonian,  April  14,  16,  and  17,  1868. 

Actual  railroad  building  was  now  begun  on  both  sides  of  the  Willamette 
River;  but  the  companies  soon  found  themselves  in  financial  straits.  The  east- 
side  management  was  compelled  in  a  short  time  to  sell  its  two  locomotives  to 
the  Central  Pacific  of  California,  although  they  bore  the  names  of  George 
L.  Woods  and  I.  R.  Moores,  the  first  and  second  presidents  of  the  organiza 
tion.  A  vigorous  effort  was  made  to  induce  the  city  council  of  Portland  to 
pledge  the  interest  for  twenty  years  on  $600,000  of  the  east-side  bonds,  in 
which  the  company  was  not  successful.  It  is  related  that,  being  in  a  strait, 
Elliot  proposed  to  inform  the  men  employed,  appealing  to  them  to  work 
another  month  on  the  promise  of  payment  in  the  future.  But  to  this  propo 
sition  his  superintendent  of  construction  replied  that  a  better  way  would  be 
to  keep  the  men  in  ignorance.  He  went  among  them,  carelessly  suggesting 
that  as  they  did  not  need  their  money  to  use,  it  would  be  a  wise  plan  to  draw 
only  their  tobacco-money,  and  leave  the  remainder  in  the  safe  for  security 
against  loss  or  theft.  The  hint  was  adopted,  the  money  was  left  in  the  safe, 
and  served  to  make  the  same  show  on  another  pay-day,  or  until  Holladay 
came  to  the  company's  reUef.  Oastou's  Railroad  development  in  Or.,  MS., 
34-5.  Nor  was  the  west-side  company  more  at  ease.  Times  were  hard  with 
the  farmers,  who  could  not  pay  up  their  subscriptions.  The  lands  of  the 
company  could  not  be  sold  or  pledged  to  Portland  bankers,  and  affairs  often 
looked  desperate. 

The  financial  distresses  of  both  parties  deterred  neither  from  aggressive 
warfare  upon  the  other.  The  west-side  company  continually  pressed  proceed 
ings  in  the  courts  to  have  its  rival  declared  no  corporation,  but  no  decision 
was  arrived  at.  Gaston  declares  that  the  judges  in  the  third  and  fourth  judi 
cial  districts  evaded  a  decision,  '  their  constituents  being  equally  divided  in 
supporting  the  rival  companies.'  Id.,  38.  Failing  of  coining  to  the  point  in 
this  way,  a  land-owner  on  the  east  side  was  prompted  to  refuse  the  right  of 
way,  and  when  the  case  came  into  court,  the  answer  was  set  up  that  the  com 
pany  was  not  a  lawful  corporation,  and  therefore  not  authorized  to  condemn 
lands  for  its  purposes.  The  attorneys  for  the  company  withdrew  from  court 
rather  than  meet  tl  e  question,  and  made  a  re-location  of  the  road,  thus  foiling 
again  the  design  of  the  west-side  company. 

Portland  being  upon  the  west  side  of  the  river,  and  the  emporium  of  capi 
tal  in  Oregon,  it  was  apparently  only  a  question  of  time  when  the  west-side 
road  should  drive  the  usurper  from  the  field,  and  so  it  must  have  done  had 
there  been  no  foreign  interference.  But  the  east-side  company  had  been  seek 
ing  aid  in  California,  and  not  without  success.  In  August  1868,  Ben  Holla- 
day,  of  the  overland  stage  company  and  the  steamship  line  to  San  Francisco, 
arrived  in  Oregon.  He  represented  himself,  and  was  believed  to  be,  the  pos- 


HOLLADAY  TO  THE  RESCUE.  701 

of  millions.  A  transfer  of  all  the  stock,  bonds,  contracts,  and  all 
property,  real  and  personal,  of  the  east-side  company  was  made  to  him.  The 
struggle,  which  had  before  been  nearly  equal,  now  became  one  between  a 
corporation  without  money  and  a  corporation  with  millions,  and  with  the 
support  of  those  who  wished  to  enjoy  the  benefits  to  be  conferred  by  this 
wealth,  both  in  building  railroads  and  in  furnishing  salaried  situations  to  its 
friends.  The  first  thing  to  be  done  was  to  get  rid  of  the  legislative  enact 
ments  of  18GG,  designating  the  original  Oregon  Central  company  as  the  proper 
recipient  of  the  land  grant  and  state  aid. 

On  the  convening  of  the  legislature,  Holladay  established  himself  at  Salem, 
where  he  kept  open  house  to  the  members,  whom  he  entertained  royally  as  to 
expenditure,  and  vulgarly  as  to  all  things  else.  The  display  and  the  hospitality 
were  not  without  effect.  The  result  was  that  the  legislature  of  1808  revoked 
the  rights  granted  to  the  Oregon  Central  of  18GG,  and  vested  these  rights  in 
the  later  organization  under  the  same  name.  The  cause  assigned  was  that 
'at  the  time  of  the  adoption  of  the  said  joint  resolution  as  aforesaid  no  such 
company  as  the  Oregon  Central  Railroad  Company  was  organized  or  in  exist 
ence,  and  the  said  joint  resolution  was  adopted  under  a  misapprehension  of 
facts  as  to  the  organization  and  existence  of  such  a  company.'  Or.  Laws, 
18G8,  109-10.  It  was  alleged  that  the  original  company,  in  their  haste  to 
secure  the  land  grant  by  the  designation  of  the  legislature,  which  meets  only 
once  in  two  years,  had  neglected  to  file  their  incorporation  papers  with  the 
secretary  of  state  previous  to  their  application  for  the  favor  of  the  legislature, 
the  actual  date  of  incorporation  being  November  21st,  whereas  the  resolution 
of  the  legislature  designating  them  to  receive  the  land  grant  was  passed  on, 
the  20th  of  October,  a  month  and  a  day  before  the  company  had  a  legal  exist 
ence.  In  his  Railroad  Development  in  Or,,  MS.,  15,  Gaston  says  that  the 
Oregon  Central  filed  its  incorporation  papers  according  to  law  before  the  legis 
lative  action,  but  withdrew  them  temporarily  to  procure  other  incorporations, 
and  it  was  this  act  that  the  other  company  turned  to  account.  By  the  terms 
of  the  act  of  congress  making  the  grant  of  land,  the  company  taking  the  fran 
chise  must  file  its  assent  to  the  grant  within  one  year  from  the  passage  of  the 
act,  and  complete  the  first  twenty  miles  of  road  within  two  years.  The  west- 
side  company  had  filed  its  assent  within  the  prescribed  time,  which  the  other 
had  not,  an  illegality  which  balanced  that  alleged  against  the  west-side,  even 
had  both  been  in  all  other  respects  legal. 

And  now  happened  one  of  those  fortuitous  circumstances  which  defeat, 
occasionally,  the  shrewdest  men.  The  west-side  management  had  sent,  in  May, 
half  a  million  of  its  bonds  to  London  to  be  sold  by  Edwin  Russell,  manager 
of  the  Portland  branch  of  the  bank  of  British  Columbia.  Just  at  the  moment 
when  money  was  most  needed,  a  cablegram  from  Russell  to  Gaston  informed 
him  that  the  bonds  could  be  disposed  of  so  as  to  furnish  the  funds  and  iron 
necessary  to  construct  the  first  twenty  miles  of  road,  by  selling  them  at  a  low 
price.  Gaston  had  the  power  to  accept  the  offer,  but  instead  of  doing  so 
promptly,  and  placing  himself  on  an  equality  with  Holladay  pecuniarily, 
he  referred  the  matter  to  Aiusworth,  to  whom  he  felt  under  obligations  for 
past  favors,  and  whom  he  regarded  as  a  more  experienced  financier  than  him 
self,  and  the  latter,  after  deliberating  two  days  on  the  subject,  cabled  a  re 
fusal  of  the  proposition. 

Ains worth  had  not  intended,  however,  to  reject  all  opportunities,  but  a 
contract  was  taken  by  S.  G.  Reed  &  Co.,  of  which  firm  Ainsworth  was  a 
member,  to  complete  the  twenty  miles  called  for  by  the  act  of  congress,  of 
which  five  of  the  most  expensive  portion  had  been  built,  and  Reed  became  in 
volved  with  Gaston  in  the  contest  for  supremacy  between  the  two  companies, 
while  at  the  same  time  pushing  ahead  the  construction  of  the  road  from 
Portland  to  Hillsboro,  by  which  would  be  earned  the  Portland  subsidy  of  a 
quarter  of  a  million.  \ 

To  prevent  this,  Holladay 's  attorneys  caused  suits  to  be  brought  declaring 
the  west-side  company's  acts  void,  and  to  prevent  the  issuance  to  it  of  the 
bonds  of  the  city  of  Portland  and  Washington  county,  in  which  suits  they 


702  RAILROADS. 

were  successful,  thus  cutting  off  the  aid  expected  in  this  quarter.  At  the 
same  time  the  quarrel  was  being  prosecuted  in  the  national  capital,  the  newly 
elected  senator,  Corbett,  befriending  the  original  company,  and  George  H. 
Williams,  whose  term  was  about  to  expire,  giving  his  aid  to  Holladay.  See 
correspondence  in  Sen.  Kept,  3,  I860,  41st  cong.  1st  sess. 

An  appeal  was  made  to  the  secretary  of  the  Interior,  whose  decision  was, 
that  according  to  the  evidence  before  him  neither  company  had  a  legal  right 
to  the  land  grant  in  Oregon,  which  had  lapsed  through  the  failure  of  any 
properly  organized  and  authorized  company  to  file  acceptance,  and  could  only 
be  revived  by  further  legislation.  This  decision  was  in  consonance  with 
Williams'  views,  who  had  a  bill  already  prepared  extending  the  time  for 
filing  assent  so  as  to  allow  any  railroad  company  heretofore  designated  by  the 
legislature  of  Oregon  to  file  its  assent  in  the  department  of  the  interior 
within  one  year  from  the  date  of  the  passage  of  the  act;  provided,  that  the 
rights  already  acquired  under  the  original  act  were  not  to  be  impaired  by 
the  amendment,  nor  more  than  one  company  be  entitled  to  a  grant  of  land. 
Cong.  Globe,  1809,  app.  51,  41st  cong.  1st  sess.  This  legislation  placed  the 
companies  upon  an  equal  footing,  and  left  the  question  of  legality  to  be  de 
cided  in  the  Oregon  courts,  while  it  prevented  the  state  of  Oregon  from 
losing  the  franchise  should  either  company  complete  twenty  miles  of  road 
which  should  be  accepted  by  commissioners  appointed  by  the  president  of 
the  United  States.  The  act  of  April  10,  18G9,  does  not  mention  any  exten 
sion  of  time  for  the  completion  of  the  first  twenty  miles,  but  by  implication 
it  might  be  extended  beyond  the  year  allowed  for  filing  assent. 

While  the  east-side  company  was  thus  successful  in  carrying  out  its  en 
deavor  to  dislodge  the  older  organization,  suit  was  brought  in  the  United 
States  district  court,  Deady,  justice,  to  enjoin  the  usurper  from  using  the 
name  of  the  original  company,  Deady  deciding  that  although  no  actual  dam 
age  followed,  as  the  defence  attempted  to  show,  no  subsequently  organized 
corporation  could  lawfully  use  the  name  of  another  corporation.  This  put  an 
end  to  the  east-side  Oregon  Central  company,  which  took  steps  to  transfer  its 
rights,  property,  r.nd  franchises  to  a  new  corporation,  styled  the  Oregon  and 
California  Railroad  Company.  The  action  of  congress  in  practically  deciding 
in  favor  of  the  Holladay  interest  caused  S.  G.  Reed  &  Co.  to  abandon  the 
construction  contract,  from  which  this  firm  withdrew  in  May  18G9,  leaving 
the  whole  hopeless  undertaking  in  the  hands  of  Gaston.  Without  resources, 
and  in  debt,  he  resolved  to  persevere.  In  the  treasury  of  Washington  county 
were  several  thousand  dollars,  paid  in  as  interest  on  the  bonds  pledged.  He 
applied  for  this  money,  which  the  county  officers  allowed  him  to  use  in  grad 
ing  the  road-bed  during  the  summer  of  18G9  as  far  as  the  town  of  Hillsboro. 
This  done,  he  resolved  to  go  to  Washington,  and  before  leaving  Oregon  made 
a  tour  of  the  west-side  counties,  reminding  the  people  of  the  injustice  they 
had  suffered  at  the  hands  of  the  courts  and  legislature,  and  urging  them  to 
unite  in  electing  men  who  would  give  them  redress. 

Gaston  reached  the  national  capital  in  December  1869,  Holladay  having 
completed  in  that  month  twenty  miles  of  the  Oregon  and  California  road,  and 
become  entitled  to  the  grant  of  land  which  Gaston  had  been  the  means  of  se 
curing  to  the  builder  of  the  first  railroad.  His  business  at  the  capital  was  to 
obtain  a  new  grant  for  the  Oregon  Central,  and  in  this  he  was  successful,  be 
ing  warmly  supported  by  Corbett  and  Williams,  the  latter,  however,  refusing 
to  let  the  road  be  extended  farther  than  McMinnville,  lest  it  should  interfere 
with  the  designs  of  Holladay,  but  consenting  to  a  branch  road  to  Astoria, 
with  the  accompanying  land  grant.  A  bill  to  this  effect  became  a  law  May  1 , 
1870.  Cony.  Globe,  18G9-70,  app.  644-5.  While  the  bill  was  pending,  Gas- 
ton  negotiated  a  contract  in  Philadelphia  for  the  construction  of  150  miles  of 
railroad,  which  would  carry  the  line  to  the  neighborhood  of  Eugene  City,  to 
which  point  another  bill  then  before  congress  proposed  to  give  a  grant  of  land. 
The  Oregon  legislature  passed  a  joint  resolution,  instructing  their  senators  in 
Washington  to  give  their  support  to  the  construction  of  a  railroad  from  Salt 
Lake  to  the  Columbia  River,  Portland,  and  Puget  Sound;  and  to  a  railroad 


JOSEPH  GASTON.  703 

from  the  big  bend  of  Humboldt  River  to  Klamath  Lake,  and  thence  through 
the  Rogue,  Umpqua,  and  Willamette  valleys  to  the  Columbia  Kiver.  Or. 
Laws,  1868,  124-5;  U.  S.  tien.  Misc.  Doc.,  14,  41st  eong.  3d  sess.;  Or.  Laws, 

1870,  179-82,  194. 

Anticipating  its  success,  Gaston  ventured  to  believe  that  he  could  secure,  as 
it  was  needed,  an  extension  of  his  grant,  which  should  enable  him  to  complete 
the  line  from  Wiunemucca  on  the  Humboldt  to  the  Columbia.  This  also" 
was  the  agreement  between  B.  J.  Pengra,  who  represented  the  Winnemucca 
scheme,  Gaston,  and  the  senators.  But  Holladay,  who  was  in  Washington, 
fearing  that  Pengra  would  bring  the  resources  of  the  Central  Pacific  into 
Oregon  to  overpower  him,  demanded  of  Williams  that  Pengra's  bill  should 
be  amended  so  as  to  compel  the  Winnemucca  company  to  form  a  junction 
ivith  the  Oregon  and  California  at  some  point  in  southern  Oregon.  The 
amendment  had  the  effect  to  drive  the  Central  Pacific  capitalists  away  from 
the  Winnemucca  enterprise,  and  the  Philadelphia  capitalists  away  from  the 
Oregon  Central,  leaving  ifc,  as  before,  merely  a  local  line  from  Portland  to  Mc- 
Miimville.  Thus  Holladay  became  master  of  the  situation,  to  build  up  or 
to  destroy  the  railroad  interests  of  Oregon.  He  had,  through  Latham  of  Cal- 
iiornia,  sold  his  railroad  bonds  in  Germany,  and  had  for  the  time  being  plenty 
of  funds  with  which  to  hold  this  position.  In  order  to  embarrass  still  further 
the  Oregon  Central,  he  bought  in  the  outstanding  indebtedness,  and  threat 
ened  the  concern  with  the  bankruptcy  court  and  consequent  annihilation. 
To  avert  this  disastrous  termination  of  a  noble  undertaking,  Gaston  was  com 
pelled  to  consent  to  sell  out  to  his  enemy,  upon  his  agreement  to  assume  all 
the  obligations  of  the  road,  and  complete  it  as  designed  by  him. 

Having  now  obtained  full  control,  and  being  more  ardent  than  prudent  in 
his  pursuit  of  business  and  pleasure  alike,  Holladay  pushed  his  two  roads 
forward  rapidly,  the  Oregon  and  California  being  completed  to  Albany  in 

1871,  to  Eugene  in  1872,  and  to  Roseburg  in  1873.     The  Oregon  Central  was 
opened  to  Cornelius  in  1871,  and  to  St  Joe  in  1872.     These  roads,  although 
stiil  merely  local,  had  a  great  influence  in  developing  the  country,  inducing 
immigration,  and  promoting  the  export  of  wheat  from  Willamette  direct  to 
the  markets  of  Europe.  - 

But  the  lack  of  prudence,  before  referred  to,  and  reckless  extravagance  in 
private  expenditures,  shortened  a  career  which  promised  to  be  useful  as  it  was 
conspicuous;  and  when  the  Oregon  and  California  road  had  reached  Roseburg, 
the  German  bondholders  began  to  perceive  some  difficulty  about  the  payment 
of  the  interest,  Avhich  difficulty  increased  until  1876,  when,  after  an  exami 
nation  of  the  condition  of  the  rozid,  it  was  taken  out  of  Holladay's  hands, 
and  placed  under  the  management  of  Henry  Villard,  whose  brief  career 
ended  in  financial  failure. 

Joseph  Gaston,  a  descendant  of  the  Huguenots  of  North  Carolina,  was  born 
in  Belmont  county,  Ohio.  His  father  dying,  Joseph  worked  on  a  farm  until 
16  years  of  age,  when  he  set  up  in  life  for  himself,  having  but  a  common - 
school  education,  and  taking  hold  of  any  employment  which  offered  until 
by  study  he  had  prepared  himself  to  practice  law  in  the  supreme  court  of 
Ohio.  His  grand-uncle,  William  Gaston,  was  chief  justice  of  the  supreme 
court  of  North  Carolina,  and  for  many  years  member  of  congress  from  that 
state,  as  also  founder  of  the  town  of  Gaston,  N.  C.  His  cousin,  William 
Gaston,  of  Boston,  was  elected  governor  of  Massachusetts  in  1874,  being  the 
only  democratic  governor  of  that  state  within  50  years.  Joseph  Gaston 
came  to  Jackson  county,  Oregon,  in  1862,  but  on  becoming  involved  in 
railroad  projects,  removed  to  Salem,  and  afterward  to  Portland.  Although 
handling  large  sums  of  mom;y  and  property,  he  was  not  benefited  by  it. 
When  Holladay  took  the  Oregon  Central  off  his  hands,  he  accepted  a  position 
as  freight  and  passenger  agent  on  that  road,  which  he  held  until  1875, 
when  he  retired  to  his  farm  at  Gaston,  in  Washington  county,  where  he  re 
mained  until  1878,  when  he  built  and  put  in  operation  the  narrow-gauge 
railroad  from  Dayton  to  Sheridan,  with  a  branch  to  Dallas.  This  enter 
prise  was  managed  solely  by  himself,  with  the  support  of  the  farmers  of 


704  RAILROADS. 

that  section.  In  1880  the  road  was  sold  to  a  Scotch  company  of  Dundee, 
represented  by  William  Reid  of  Portland,  who  extended  it  twenty  miles 
farther,  and  built  another  narrow-gauge  from  Ray  landing,  below  the  Yam- 
hill,  to  Brownsville,  all  of  which  may  be  properly  said  to  have  resulted  from 
Gaston's  enterprises.  Then  he  went  to  live  in  Portland,  where  he  did  not 
rank  among  capitalists — in  these  days  of  sharp  practice,  not  always  a  dishon 
orable  distinction. 

No  sooner  did  railroad  enterprises  begin  to  assume  a  tangible  shape  in 
Oregon,  than  several  companies  rushed  into  the  field  to  secure  land  grants  and 
other  franchises,  notably  the  Portland,  Dalles,  and  Salt  Lake  company,  the 
Winnemucca  company,  the  Corvallis  and  Yaquina  Bay  company,  and  the 
Columbia  River  and  Hillsboro  company.  Vancouver  Register,  Aug.  21,  18G9; 
Or.  Laws,  1808,  127-8,  140-1,  143;  Id.,  1870;  //.  Ex.  Doc.,  1,  pt  iv.  vol.  vi., 
*pt  1,  p.  xvii.,  41st  cong.  3d  sess. ;  Zabriskie's  Land  Laws,  supp.  1877,  6; 
Portland  Board  of  Trade  Rept,  1875,  6-7,  28:  Id..  1876,  4-6;  Id.,  1877,  14-15. 

Owing  to  a  conflict  of  railroad  interests,  and  fluctuations  in  the  money 
market,  neither  of  these  roads  was  begun,  nor  any  outlet  furnished  Oregon 
toward  the  east  until  Villard,  in  1870,  formed  the  idea  of  a  syndicate  of  Amer 
ican  and  European  capitalists  to  facilitate  the  construction  of  the  Northern 
Pacific,  and  combining  its  interests  with  those  of  the  Oregon  roads  by  a  joint 
management,  which  he  was  successful  in  obtaining  for  himself.  E.  V.  Smalley, 
in  his  History  of  the  Northern  Pacific  Railroad,  published  in  1883,  has  given 
a  minute  narrative  of  the  means  used  by  Villard  to  accomplish  his  object,  pp. 
262-76.  Under  his  vigorous  measures  railroad  progress  in  Oregon  and  Wash 
ington  was  marvellous.  Not  only  the  Northern  Pacific  was  completed  to 
Portland,  and  the  Columbia  River,  opposite  the  Pacific  division  at  Ivalama,  in 
1883-4,  but  the  Oregon  system,  under  the  names  of  the  Oregon  Railway  and 
Navigation  and  Oregon  and  Transcontinental  lines,  was  extended  rapidly. 
The  Oregon  Railway  and  Navigation  Company  owned  all  the  property  of  the 
former  Oregon  Steam  Navigation  and  Oregon  Steamship  companies.  It  was 
incorporated  June  13,  1879,  Villard  president,  and  Dolph  vice-president.  Its 
first  board  of  directors  consisted  of  Artemus  H.  Holmes,  William  H.  Starbuck, 
James  B.  Fry,  and  Villard  of  New  York,  and  George  W.  Weidler,  J.  C.  Ains- 
worth,  S.  G.  Reed,  Paul  Schulze,  H.  W.  Corbett,  C.  H.  Lewis,  and  J.  N. 
Dolph  of  Portland.  The  Oregon  and  Transcontinental  company  was  formed 
June  1881,  its  object  being  to  bring  under  one  control  the  Northern  Pacific 
and  Oregon  Railway  and  Navigation  companies,  which  was  done  by  the 
wholesale  purchase  of  Northern  Pacific  stock  by  Villard,  the  president  <>f  the 
other  company.  Its  first  board  of  directors,  chosen  September  15,  1881,  con 
sisted  of  Frederick  Billings,  Ashbel  H.  Barney,  John  \V.  Ellis,  Rosewell  G. 
Rolston,  Robert  Harris,  Thomas  F.  Oakes,  Artemus  H.  Holmes,  and  Henry 
Villard  of  New  York,  J.  L.  Stackpole,  Elijah  Smith,  and  Benjamin  P.  Cheney 
of  Boston,  John  C.  Bullitt  of  Philadelphia,  and  Henry  E.  Johnston  of  Balti 
more.  Villard  was  elected  president,  Oakes  vice-president,  Anthony  J. 
Thomas  second  vice-president,  Samuel  Wilkinson  secretary,  and  Robert  L. 
Belknap  treasurer.  Smalley's  Hist.  N.  P.  Railroad,  270-1. 

Seven  years  after  Holladay  was  forced  out  of  Oregon,  the  Oregon  Central 
was  completed  to  Eugene,  the  Oregon  and  California  to  the  southern  boundary 
of  Douglas  county,  the  Dayton  and  Sheridan  narrow-gauge  road  constructed 
to  Airley,  twenty  miles  south  of  Sheridan,  and  another  narrow-gauge  on  the 
east  side  of  the  Willamette  making  connection  with  this  one,  and  running 
south  to  Coburg  in  Lane  county,  giving  four  parallel  lines  through  the  heart 
of  the  valley.  A  wide-gauge  road  was  constructed  from  Portland,  by  the  way 
of  the  Columbia,  to  The  Dalles,  and  eastward  to  Umatilla,  Pendleton,  and 
Baker  City,  on  its  way  to  Snake  River  to  meet  the  Oregon  short  line  on  the 
route  of  the  Portland,  Dalles,  and  Salt  Lake  road  of  1868-9.  North-eastward 
from  Umatilla  a  line  of  road  extended  to  Wallula,  Walla  Walla,  Dayton, 
Grange  City  in  Washington,  and  Lewiston  in  Idaho;  while  the  Northern  Pa 
cific  sent  out  a  branch  eastward  to  gather  in  the  crops  of  the  Palouse  region  at 
Colfax,  Farmington,  and  Moscow;  and  by  the  completion  of  the  Oregon 


CHAPMAN,  PENGRA,  AND  MONTGOMERY.  705 

short  line  and  the  Oregon  and  California  branch  of  the  Central  Pacific,  there 
were  three  transcontinental  routes  opened  from  the  Atlantic  to  the  Columbia 
River.  In  1885  a  railroad  was  in  process  of  construction  from  the  Willamette 
to  Yaquina  Bay,  destined  to  be  extended  east  to  connect  with  an  overland 
road,  and  another  projected.  The  projectors  of  the  Winnemucca  and  Salt  Lake 
roads  deserve  mention.  Both  had  been  surveyor-generals  of  Oregon.  W.  W. 
Chapman,  who  was  appointed  in  territorial  times,  and  was  thoroughly  ac 
quainted  with  the  topography  of  the  country,  selected  the  route  via  the  Colum 
bia  and  Snake  rivers  to  Salt  Lake,  both  as  one  that  would  be  free  from  snow 
and  that  would  develop  eastern  Oregon  and  Washington  and  the  mining  re 
gions  of  Idaho.  He  made  extensive  surveys,  attended  several  sessions  of  con 
gress,  and  sent  an  agent  to  London  at  his  own  expense,  making  himself  poor 
in  the  effort  to  secure  his  alms.  The  state  legislature  granted  the  proceeds 
of  its  swamp-lands  in  aid  of  his  enterprise,  and  the  city  Council  of  Portland 
granted  to  his  company  the  franchise  of  building  a  bridge  across  the  Willam 
ette  at  Portland.  But  he  failed,  because  the  power  of  the  Central  Pacific  rail 
road  of  California  was  exerted  to  oppose  the  construction  of  any  road  con 
necting  Oregon  with  the  east  which  would  not  be  tributary  to  it. 

Chapman  died  in  1884,  after  living  to  see  another  company  constructing  a 
road  over  the  line  of  his  survey.  He  had  been  the  first  surveyor-general  of 
Iowa,  its  first  delegate  in  congress,  and  one  of  its  first  presidential  electors. 
On  coming  to  Oregon  he  became  one  of  the  owners  in  Portland  town  site,  and 
with  his  partner,  Stephen  Coffin,  built  the  Gold  Hunter,  the  first  ocean  steamer 
owned  in  Oregon,  which,  through  the  bad  faith  of  her  officers,  ruined  her  own 
ers.  Gastoti's  Railroad  Development  in  Or.,  73-8.  B.  J.  Pengra,  appointed  by 
President  Lincoln,  was,  as  I  have  already  said,  the  founder  of  the  Winne 
mucca  scheme.  While  in  office  he  explored  this  route,  and  secured  from  con 
gress  the  grant  to  aid  in  the  construction  of  a  military  wagon-road  to  Owyhee, 
of  which  the  history  has  been  given.  His  railroad  survey  passed  over  a  con 
siderable  portion  of  the  route  of  the  military  road,  the  opening  of  which  pro 
moted  the  settlement  of  the  country.  But  for  the  opposition  of  Holladay  to 
his  land-grant  bill,  it  would  have  passed  as  desired,  and  the  Central  Pacific 
would  have  constructed  this  branch;  but  owing  to  this  opposition  it  failed. 
Pengra  resided  at  Springfield,  where  he  had  some  lumber-mills. 

A  man  who  has  had  much  to  do  with  Oregon  railroads  is  James  Boyce 
Montgomery,  who  was  born  in  Perry  co. ,  Penn.,  in  1832,  and  sent  to  school 
in  Pittsburgh.  He  learned  printing  in  Philadelphia,  in  the  office  of  the  Bul 
letin  newspaper,  and  took  an  editorial  position  on  the  1'eyixter,  published  at 
Sandusky,  Ohio,  owned  by  Henry  D.  Cooke,  afterwards  first  governor  of  the 
District  of  Columbia.  Prom  Sandusky  lie  returned  to  Pittsburgh  in  1853, 
and  purchased  an  interest  in  the  Daily  Morning  Post.  About  1857  he  was 
acting  as  the  Harrisburg  correspondent  of  the  Philadelphia  Press  for  a  year 
or  more.  Following  this,  he  took  a  contract  to  build  a  bridge  over  the  Sus- 
quehanna  River  for  the  Philadelphia  and  Erie  railroad,  6  miles  above  Wil- 
liamsport,  Penn.,  his  first  railroad  contract.  Subsequently  he  took  several 
contracts  on  eastern  roads,  building  portions  of  the  Lelii  and  Susquehanna,  the 
Susquehanna  Valley,  and  other  railroads,  and  was  an  original  owner  in  the 
Baltimore  and  Potomac  railroad  with  Joseph  D.  Potts,  besides  having  a  con 
tract  to  build  150  miles  of  the  Kansas  Pacific,  and  also  a  portion  of  the  Oil 
Creek  and  Alleghany  railroad  in  Penn.  In  1870  Montgomery  came  to  the 
Pacific  coast,  residing  for  one  year  on  Puget  Sound,  since  which  time  he  has 
resided  in  Portland,  where  he  has  a  pleasant  home.  His  wife  is  a  daughter 
of  Gov.  Phelps  of  Mo.  The  first  railroad  contract  taken  in  the  north-west 
was  the  first  25-mile  division  of  the  Northern  Pacific,  beginning  at  Kalama, 
on  the  Columbia  River,  and  extending  towards  Tacoma.  Since  that  he  has 
completed  the  road  from  Kalama  to  Tacoma.  and  from  Kalama  south  to  Port 
land.  Montgomery  started  the  subscription  on  which  the  first  a.ctual  money 
was  raised  to  build  the  Northern  Pacific,  in  Dec.  1869.  Jay  Cookc  had  agreed 
to  furnish  $5,600,00^  to  float  the  bonds  of  the  company  by  April  1,  1870,  and 
Montgomery,  at  his  request,  undertook  to  raise  a  pa^  of  it,  in  which  he  was 
HIST.  OB.,  Vol.  II.  45 


706  COUNTIES  OF  OREGON. 

successful,  J.  G.  Morehead,  H.  J.  Morehead,  William  Phillips,  William  M. 
Lyon,  Henry  Loyd,  Joseph  Dilworth,  James  Watts,  and  others  subscribing 
$800,000.  This  money  was  expended  in  constructing  the  first  division  of  the 
road.  Montgomery  at  the  same  time  took  a  contract  to  build  a  drawbridge 
across  the  Willamette  at  Harrisburg,  the  first  drawbridge  in  Oregon,  800 
feet  long,  with  a  span  of  240  feet.  Subsequently  he  went  to  Scotland  to  or 
ganize  the  Oregon  Narrow-Gauge  Company,  Limited,  which  obtained  control 
of  the  Dayton,  Sheridan,  and  Corvallis  narrow-gauge  road  built  by  Gaston, 
in  which  he  was  interested,  as  well  as  some  Scotch  capitalists.  It  was  Vil- 
lard's  idea  to  get  a  lease  of  this  and  the  narrow-guage  road  on  the  east  side 
of  the  valley,  to  prevent  the  Central  or  Union  Pacific  railroads  from  control 
ling  them,  as  it  was  thought  they  would  endeavor  to.  They  were  accordingly 
leased  to  the  Oregon  Railway  and  Navigation  Company,  but  to  the  detriment 
of  the  roads,  which  are  not  kept  in  repair.  At  one  time  the  directors  of 
the  O.  R.  &  N.  Co.  refused  to  pay  rent,  and  the  matter  was  in  the  courts. 
Montgomery  erected  a  saw-mill  at  SKamockawa,  on  the  north  side  of  the  Co 
lumbia,  which  will  cut  15,000,000  feet  of  lumber  annually.  He  is  also  in  the 
shipping  business,  and  ships  a  large  quantity  of  wheat  yearly.  This,  with  a 
history  of  the  N.  P.  R.  R.,  I  have  obtained  from  Montgomery's  Statement, 
MS.,  1-30. 

COUNTIES  OF  OREGON. 

The  condition  of  counties  and  towns  which  I  shall  briefly  give  in  this 
place  will  fitly  supplement  what  I  have  already  said.  They  are  arranged  in 
alphabetical  order.  I  have  taken  the  tenth  census  as  a  basis,  in  order  to  put 
all  the  counties  on  the  same  footing. 

Baker  county,  named  after  E.  D.  Baker,  who  fell  at  the  battle  of  Edwards' 
ferry  in  October  1801,  was  organized  September  22,  1802,  with  Auburn  as  the 
county  seat.  An  enabling  act  was  passed  and  approved  in  1866,  to  change 
the  county  seat  to  Baker  City  by  a  vote  of  the  county,  which  was  done. 
In  1872  a  part  of  Grant  county  was  added  to  Baker.  The  county  contains 
15.912  square  miles,  about  50,000  acres  of  which  is  improved  among  453 
farmers,  the  principal  productions  being  barley,  oats,  wheat,  potatoes,  and 
fruit.  The  whole  value  of  farm  products  for  1879,  with  buildings  and  fences, 
M-as  $799,468.  The  value  of  live-stock  was  $1,122,765,  a  difference  which 
shows  stock-raising  rather  than  grain-growing  to  be  the  business  of  the 
farmers.  About  50,000  pounds  of  wool  was  produced.  The  total  value  of 
real  estate  and  personal  property  for  this  year  was  set  down  at  a  little  over 
$931,000.  The  population  for  the  same  period  was  4,616,  a  considerable  por 
tion  of  whom  were  engaged  in  mining  in  the  mountain  districts.  Comp.  X. 
Census,  xl.  48,  723,  806-7.  Baker  City,  the  county  seat,  was  first  laid  out 
under  the  United  States  town-site  law  by  R.  A.  Pierce  in  1868.  It  is 
prettily  located  in  the  Powder  River  Valley,  and  is  sustained  by  a  flourishing 
agricultural  and  mining  region  on  either  hand.  It  has  railroad  communica 
tion  with  the  Columbia.  It  was  incorporated  in  1874,  and  has  a  population 
of  1,258.  Pacific  North-west,  41;  McKinney's  Pac.  Dir.,  255;  Or.  Laws,  1874, 
145-55.  The  famous  Virtue  mine  is  near  Baker  City.  The  owner,  who  does 
a  banking  business  in  the  town,  had  a  celebrated  cabinet  of  minerals,  in  which 
might  be  seen  the  ores  of  gold,  silver,  copper,  lead,  cinnabar,  iron,  tin,  cobalt, 
tellurium,  and  coal,  found  in  eastern  Oregon,  besides  which  were  curios  in 
minerals  from  every  part  of  the  world.  Auburn,  the  former  county  seat, 
was  organized  by  the  mining  population  June  17,  1862,  and  incorporated  on 
the  following  25th  of  September,  to  preserve  order.  Ebcy's  Journal,  MS. ,  viii. 
81-2,  84,  87,  94;  Or.  Jour.  House,  1862,  113,  128.  The  other  towns  and  post- 
offices  of  Baker  county  are  Wingville,  Sparta,  Powderville,  Pocahontas, 
Express  Ranch,  El  Dorado,  Clarksville,  Mormon  Basin,  Amelia  City,  Rye 
Valley,  Humboldt  Basin,  Stone,  Dell,  Weatherby,  Conner  Creek,  Glenn, 
Malheur,  Jordan  Valley,  and  North  Powder. 

Benton  county,  named  after  Thomas  H.  Benton  of  Missouri,  was  created 
and  organized  December  23,  1847,  including  at  that  time  all  the  country  on 


BENTON  AND  CLACKAMAS.  707 

the  west  side  of  the  Willamette  River,  south  of  Polk  county  and  north  of  the 
northern  boundary  line  of  California.  On  the  15th  of  January,  1851,  the 
present  southern  boundary  was  fixed.  It  contains  1,870  square  miles,  extend 
ing  to  the  Pacific  ocean,  and  including  the  harbor  of  Yaquina  Bay.  Popula 
tion  in  1879,  6,403.  The  amount  of  land  under  improvement  in  this  year 
was  138,654  acres,  valued  at  $3,188,251.  The  value  of  farm  products  was 
$716,096;  of  live-stock,  $423,682;  of  orchard  products,  $16,404.  Assessed 
valuation  of  real  and  personal  property  in  the  county,  $1,726,387.  Grain- 
raising  is  the  chief  feature  of  Benton  county  farming,  but  dairying,  sheep- 
raising,  and  fruit-culture  are  successfully  carried  on.  Coal  was  discovered  in 
1869,  but  has  not  been  worked. 

Corvallis,  called  Marysville  for  five  or  six  years  by  its  founder,  J.  C.  Avery, 
is  Benton's  county  seat,  and  was  incorporated  January  28,  1857.  It  is  beau 
tifully  situated  in  the  heart  of  the  valley,  as  its  name  indicates,  and  has  a 
population  of  about  1,200.  It  is  the  seat  of  the  state  agricultural  college,  and 
has  connection  with  the  Columbia,  and  the  Pacific  ocean  at  Yaquina  Bay, 
and  also  with  the  southern  part  of  the  state  by  railroad.  It  is  more  favorably 
loca;ed  in  all  respects  than  any  other  inland  town.  Philomath,  a  collegiate 
town,  is  distant  about  eleven  miles  from  Corvallis,  on  the  Yaquina  road.  It 
was  incorporated  in  October  1882.  Monroe,  named  after  a  president,  on  the 
Oregon  Central  railroad,  Alseya  on  the  head- waters  of  Alseya  River,  Newport 
on  Yaquina  Bay  near  the  ocean,  Elk  City  at  the  head  of  the  bay,  Oyster- 
ville  on  the  south  side  of  the  bay,  Toledo,  Yaquina,  Pioneer,  Summit,  New 
ton,  Tidewater,  Waldoport,  and  Wells  are  all  small  settlements,  those  that 
are  situated  on  Yaquina  Bay  having,  it  is  believed,  some  prospects  in  the 
future. 

Clackamas  county,  named  from  the  tribe  of  Indians  inhabiting  the  shores 
of  a  small  tributary  to  the  Willamette  coming  in  below  the  falls,  was  one  of  the 
four  districts  into  which  Oregon  was  divided  by  the  first  legislative  committee 
of  the  provisional  government,  in  July  1S43,  and  comprehended  'all  the 
territory  not  included  in  the  other  three  districts,'  the  other  three  taking  in  all 
south  of  the  Columbia  except  that  portion  of  Clackamas  lying  north  of  the 
'Anchiyoke  River.'  Pudding  River  is  the  stream  here  meant.  Its  boun 
daries  were  more  particularly  described  in  an  act  approved  December  19.  1845, 
and  still  further  altered  by  acts  dated  January  30,  1856,  October  17,  I860,  and 
October  17,  1862,  when  its  present  limits  were  established.  Or.  Archive*, 
26;  Or.  Gen.  Laws,  537-8.  It  contains  1,434  square  miles,  about  71,000  acres 
of  which  is  under  improvement.  The  surface  being  hilly,  and  much  of  it 
covered  with  heavy  forest,  this  county  is  less  advanced  in  agricultural  wealth 
than  might  be  expected  of  the  older  settled  districts;  yet  the  soil  when 
cleared  is  excellent,  and  only  time  is  required  to  bring  it  up  to  its  proper 
rank.  The  value  of  its  farms  and  buildings  is  considerably  over  three  mil 
lions,  of  live-stock  a  little  over  four  hundred  thousand,  and  of  farm  products 
something  over  six  hundred  thousand  dollars.  In  manufactures  it  has  been 
perhaps  the  third  county  in  the  state,  but  should,  on  account  of  its  facilities, 
exceed  its  rivals  in  the  future.  It  is  difficult  to  say  whether  it  is  the 
second  or  third,  Multnomah  county  being  first,  and  Marion  probably 
second.  But  the  difference  in  the  amount  of  capital  expended  and  results 
produced  leave  it  almost  a  tie  between  the  latter  county  and  Clackamas. 
Marion  has  $608,330  invested  in  manufactures,  pays  out  for  labor  $147,945 
annually,  uses  $1,095, 920  in  materials,  and  produces  $1,424,979;  while  Clacka 
mas  has  invested  $787,4/5,  pays  out  for  labor  $156,927,  uses  $816,625  in 
materials,  and  produces  $1,251,691.  Marion  has  a  little  the  most  capital  in 
vested,  and  produces  a  little  the  most,  but  uses  $278,295  more  capital  in 
materials,  while  paying  only  $8,982  less  for  labor.  Comp.  X.  Cenws,  ii.  1007-8. 
The  principal  factories  are  of  woollen  goods.  Assessed  valuation  considerably 
over  six  millions.  Population,  9,260.  Oregon  City,  founded  by  John  Mc- 
Loughlin  in  1842,  is  the  county  seat,  whose  history  for  a  number  of  years  was 
an  important  part  of  the  territorial  history,  being  the  first,  and  fur  several 
years  the  only,  town  in  the  Willamette  Valley.  It  was  incorporated  Septem- 


70S  COUNTIES  OF  OREGON. 

ber  25,  1849.  Its  principal  feature  was  its  enormous  water-power,  estimated 
at  a  million  horse-power.  It  had  early  a  woollen-mill,  a  grist-mill,  a  lumber- 
null,  a  paper-mill,  a  fruit-preserving  factory,  and  other  minor  manufactures. 
The  population  of  Oregon  City  is,  according  to  the  tenth  census,  1,263.  al 
though  it  is  giver,  ten  years  earlier  at  1,382.  It  is  on  the  line  of  the  Oregon 
and  California  railroad,  and  has  river  communication  with  Salem  and  Portland. 
A  few  miles  north  of  the  county  seat  is  Milwaukee,  founded  by  Lot  Whitcomb 
as  a  rival  to  Oregon  City,  in  March  1850.  It  is  the  seat  of  one  of  the  finest 
flouring  mills  in  the  state,  and  is  celebrated  for  its  nurseries,  which  have  fur 
nished  trees  to  fruit-growers  all  over  the  Pacific  coast.  Its  population  is  insig 
nificant.  A  mile  or  two  south  of  Oregon  City  is  Canemah,  founded  by  F.  A. 
Hedges  about  1845,  it  being  the  lowest  landing  above  the  falls,  and  where 
all  river  craft  unloaded  for  the  portage  previous  to  the  construction  of  the 
basin  and  breakwater,  by  which  boats  were  enabled  to  reach  a  landing  at  the 
town.  It  afterward  became  a  suburb  of  Oregon  City,  boats  passing  through 
locks  on  the  west  side  of  the  river  without  unloading.  About  half-way 
between  the  falls  and  Portland  was  established  Oswego,  another  small  town, 
but  important  as  the  location  of  the  smelting-works,  erected  in  1867  at  a  cost 
of  §100,000,  to  test  the  practicability  of  making  pig-iron  from  the  ore  found  in 
that  vicinity,  which  experiment  was  entirely  successful.  Other  towns  and 
post-offices  in  Clackamas  county  are  Clackamas,  Butte  Creek,  Damascus, 
Eagle  Creek,  Glad  Tidings,  Highland,  Molalla,  Needy,  New  Era,  Sandy, 
Springwater,  Union  Mills,  Viola,  Wilsonville,  Zion. 

Clatsop  county,  named  after  the  tribe  which  inhabited  the  sandy  plains  west 
of  Young  Bay,  at  the  mouth  of  the  Columbia,  was  established  June  22,  1844, 
on  the  petition  of  Josiah  L.  Parrish.  The  present  boundaries  were  fixed 
January  15,  1855,  giving  the  county  862  square  miles,  most  of  which  is  heavily 
timbered  land.  The  value  of  farms,  buildings,  and  live-stock  is  a  little  over 
8307,000;  but  the  assessed  valuation  of  real  and  personal  property  is  a  trifle 
over  $1,136,000,  and  the  gross  value  nearly  double  that  amount. 

The  principal  industries  of  the  county  are  lumbering,  fishing,  and  dairying. 
The  population  is  about  5,500,  except  in  the  fishing  season,  when  it  is  tempo 
rarily  at  least  two  thousand  more.  Resources  Or.  and  Wash.,  1882,  213;  Comp. 
X.  Cenwx,  367.  Astoria,  the  county  seat,  was  founded  in  1811  by  the  Pacific 
Fur  Company,  and  named  after  John  Jacob  Astor,  the  head  of  that  company. 
It  passed  through  various  changes  before  being  incorporated  by  the  Oregon 
legislature  January  18,  1856.  Its  situation,  just  within  the  estuary  of  the 
Columbia,  has  been  held  to  be  sufficient  reason  for  regarding  this  as  the  natural 
and  proper  place  for  the  chief  commercial  town  of  Oregon.  But  the  applica 
tion  of  steam  to  sea-going  vessels  has  so  modified  the  conditions  upon  which 
commerce  had  formerly  sought  to  establish  centres  of  trade  that  the  custom 
house  only,  for  many  years,  compelled  vessels  to  call  at  Astoria.  It  has  now, 
however,  a  population  of  about  3,000,  and  is  an  important  shipping  point,  the 
numerous  fisheries  furnishing  and  requiring  a  large  amount  of  freight,  and  in 
the  season  of  low  water  in  the  Willamette,  compelling  deep-water  vessels  to 
load  in  the  Columbia,  receiving  and  handling  the  immense  grain  and  other  ex 
ports  from  the  Willamette  Valley  and  eastern  Oregon.  Its  harbor  is  sheltered 
by  the  point  of  the  ridge  on  the  east  side  of  Young  Bay  from  the  storm-winds 
of  winter,  which  come  from  the  south-west.  There  is  but  little  level  land  for 
building  purposes,  but  the  hills  have  been  graded  down  into  terraces,  one 
street  rising  above  another  parallel  to  the  river,  affording  fine  views  of  the 
Columbia  and  its  entrance,  which  is  a  dozen  miles  to  the  west,  a  little  north. 
Connected  by  rail  with  the  Willamette  Valley  and  eastern  Oregon,  the  locks 
at  the  cascades  of  the  Columbia  at  the  same  time  giving  uninterrupted  naviga 
tion  from  The  Dalles  to  the  mouth  of  the  river,  Astoria  is  destined  to  assume 
yet  greater  commercial  importance.  There  are  no  other  towns  of  consequence 
in  this  county.  Clatsop,  incorporated  in  1870,  Skippanon,  Clifton,  Jewell, 
Knappa,  Olney,  Mishawaka,  Seaside  House,  Fort  Stevens,  and  West  port  are 
either  fishing  and  lumbering  establishments,  or  small  agricultural  settlements. 
Westport  is  the  most  thriving  of  these  settlements,  half  agricultural  and  half 
commercial. 


COLUMBIA  AND  COOS.  709 

Columbia  county,  lying  east  of  Clatsop  in  the  great  bend  of  the  lower 
Columbia,  was  cut  off  from  Washington  county  January  23,  1854.  It  con 
tains  575  square  miles,  and  has  a  water  line  of  over  fifty  miles  in  extent.  It 
has  between  fourteen  and  fifteen  thousand  acres  of  land  under  improvement, 
valued,  with  the  buildings,  at  $406,000,  with  live-stock  worth  over  $77,000, 
and  farm  products  worth  $73,000,  consisting  of  the  cereals,  hay,  potatoes, 
butteV,  and  cheese.  It  has  several  lumbering  establishments  and  a  few  smaller 
manufactories.  The  natural  resources  of  the  county  are  timber,  coal,  build 
ing-stone,  iron,  fish,  and  grass.  The  assessed  valuation  upon  real  and  personal 
property  in  1879  was  $305,283.  The  population  was  little  over  2,000,  but 
rapidly  increasing.  St  Helen,  situated  at  the  junction  of  the  lower  Willamette 
with  the  Columbia,  is  the  county  seat.  It  was  founded  in  1848  by  H.  M. 
Knighton,  the  place  being  first  known  as  Plymouth  Rock,  but  having  its  name 
changed  011  being  surveyed  for  a  town  site.  It  is  finely  situated  for  a  ship 
ping  business,  and  has  a  good  trade  with  the  surrounding  country,  although 
the  population  is  not  above  four  hundred.  There  are  coal  and  iron  mines  in 
the  immediate  vicinity.  Columbia  City,  founded  in  18G7  by  Jacob  and  Joseph 
Caples,  two  miles  below  St  Helen,  is  a  rival  town  of  about  half  the  population 
of  the  latter.  It-has  a  good  site,  and  its  interests  are  identical  with  those  of 
St  Helen.  The  Pacific  branch  of  the  Northern  Pacific  railway  passes  across 
both  town-plats,  coming  near  the  river  at  Columbia  City.  Rainier,  twenty 
miles  below  Columbia  City,  was  laid  off  in  a  town  by  Charles  E.  Fox  about 
1852.  Previous  to  1SG5,  by  which  time  a  steamboat  line  to  Mouticello  on 
the  Cowlitz  was  established,  Rainier  was  the  way-station  between  Olympia 
and  Portland,  and  enjoyed  considerable  trade.  Later  it  became  a  lumber 
ing  and  fishing  establishment.  The  other  settlements  in  Columbia  county 
are  Clatskanie,  Marshland,  Pittsburg,  Quinn,  Riverside,  Scappoose,  Ver- 
nonia,  Neer  City,  Bryantville,  and  Vesper. 

Coos  county  was  organized  December  22,  1853,  out  of  portions  of  Umpqua 
and  Jackson  counties.  The  name  is  that  of  the  natives  of  the  bay  county, 
It  contained  about  the  same  area  as  Clatsop,  and  had  over  25,000  acres  of 
improved  land,  valued,  with  the  improvements,  at  $1,188,349.  The  legisla 
ture  enlarged  Coos  county  by  taking  off  from  Douglas  on  the  north  and  east 
enough  to  straighten  the  north  boundary  and  to  add  two  rows  of  townships 
on  the  east.  Or.  Jour.  House,  1882,  290.  It  is  now  considerably  larger  than 
Clatsop.  The  live-stock  of  the  county  is  valued  at  over  $101,000,  and  of 
farm  products  for  1879  over  $209,000.  Total  of  real  and  personal  assessed 
valuation  was  between  $800,000  and  $900,000.  The  gross  valuation  in 
1881-2  was  over  $1,191,000,  the  population  being  a  little  over  4,800,  the 
wealth  of  the  county  per  capita  being  $329.  This  county  is  the  only  one  in 
Oregon  where  coal-mining  has  been  carried  on  to  any  extent.  A  line  of 
steamers  has  for  many  years  been  carrying  Coos  Bay  coal  to  S.  F.  market. 
The  second  industry  of  the  county  is  lumbering,  and  the  third  ship-building, 
the  largest  ship-yard  in  the  state  being  here.  Farming  has  not  been 
much  followed,  most  of  the  provisions  consumed  at  Coos  Bay  being  brought 
from  California.  Fruit  is  increasing  in  production,  and  is  of  excellent 
quality.  Beach-mining  for  gold  has  been  carried  on  for  thirty  years. 
Iron  and  lead  ores  are  known  to  exist,  but  have  not  been  worked.  There  are 
also  extensive  quarries  of  a  fine  quality  of  slate.  The  valleys  of  Coos  and 
Coquille  rivers  are  exceedingly  fertile,  and  the  latter  produces  the  best  white 
cedar  timber  in  the  state,  while  several  of  the  choice  woods  used  in  furniture 
factories  abound  in  this  county.  Empire  City,  situated  four  miles  from  the 
entrance  to  Coos  Bay,  on  the  south  shore,  is  the  county  seat,  with  a  popula 
tion  of  less  than  two  hundred.  It  was  founded  in  the  spring  of  1853  by  t\ 
company  of  adventurers,  of  which  an  account  has  been  given  in  a  previous 
chapter,  and  for  some  years  was  the  leading  town.  Marshfield,  founded  only 
a  little  later  by  J.  C.  Tolman  and  A.  J.  Davis,  soon  outstripped  all  the 
towns  in  the  county,  having  about  900  inhabitants  and  a  thriving  trade.  It 
is  situated  four  miles  farther  from  the  ocean  than  Empire  City,  on  the  same 
shore.  Between  the  two  is  the  lumbering  establishment  of  North  Beiid. 


710  COUNTIES  OF  OREGON. 

The  place  is  beautifully  situated,  and  would  be  rapidly  settled  did  not  the 
proprietors  refuse  to  sell  lots,  preferring  to  keep  their  employe's  away  from 
the  temptations  of  miscellaneous  associations.  Still  farther  up  the  bay  and 
river,  beyond  Marshfield,  are  the  settlements  of  Coos  City,  Utter  City, 
Coaledo,  Sumner,  and  Fairview.  Coquille  City  is  prettily  situated  near  the 
mouth  of  Coquille  River,  and  has  about  two  hundred  inhabitants.  It  is 
hoped  by  improving  the  channel  of  the  river,  which  is  navigable  for  40 
miles,  to  make  it  a  rival  of  Coos  Bay  as  a  port  for  small  sea-going  vessels, 
the  government  having  appropriated  $130,000  for  jetties  at  this  place,  which 
have  been  constructed  for  half  a  mile  on  the  south  side  of  the  entrance. 
Myrtle  Point,  at  the  head  of  tide-water,  is  situated  on  a  high  bluff  on  the 
right  bank  of  the  Coquille,  in  the  midst  of  a  fine  lumber  and  coal  region.  It 
was  settled  in  1858  by  one  Myers,  who  sold  out  to  C.  Lehnhere,  and  in  1877 
Binger  Herman,  elected  in  1884  to  congress,  bought  the  land  on  which  the 
town  stands,  and  has  built  up  a  thriving  settlement.  Other  settlements  in 
the  Coquille  district  are  Dora,  Enchanted  Prairie,  Freedom,  Gravel  Ford, 
Norway,  Randolph,  Boland,  and  Cunningham.  Gale's  Coo*  Co.  Dir.,  1875, 
3J-61;  Official  P.  0.  List,  Jan.  1885,  499;  Roseburg  Plaindealer,  Aug.  15, 
1374. 

Crook  county,  named  after  General  George  Crook,  for  services  performed  iu 
Indian  campaigns  in  eastern  Oregon,  was  cut  off  from  the  south  end  of  Wasco 
county,  by  legisla.ive  act,  October  9,  1882.  The  north  line  is  drawn  west 
fiom  the  Lend  of  the  John  Day  River,  and  east  up  the  centre  of  the  Wasco 
channel  of  said  river  to  the  west  boundary  of  Grant  county,  thence  on  the 
line  between  Grant  and  Wasco  counties  to  the  south-east  corner  of  Wasco, 
thence  west  to  the  summits  of  the  Cascade  Mountains,  and  thence  along 
them  to  the  intersection  of  the  north  line.  It  lies  in  the  hilly  region  where 
the  Blue  Mountains  intersect  the  foot-hills  of  the  Cascade  Range,  and  for 
years  has  been  the  grazing-ground  of  immense  herds  of  cattle.  There  are 
also  many  valleys  fit  for  agriculture.  Prineville  is  the  county  seat.  It  is 
situated  on  Ochoco  River,  near  its  junction  with  Crooked  River,  a  fork  of 
Des  Chutes,  and  has  a  population  of  several  hundred.  It  was  incorporated 
in  1880.  Ochoco,  Willoughby,  Bridge  Creek,  and  Scissorsville  are  the  subor 
dinate  towns. 

Curry  county,  named  after  Governor  George  L.  Curry,  organized  December 
18,  1855,  is  comparatively  an  unsettled  country,  having  only  a  little  more 
than  1,200  inhabitants.  Its  area  is  greater  than  that  of  Coos,  the  two  coun 
ties  comprising  3,331  square  miles,  not  much  of  which  belonging  to  Curry 
has  been  surveyed.  The  value  of  farm  property  is  estimated  at  between  five 
and  six  hundred  thousand  dollars.  The  assessed  valuation  for  1879  was  about 
$220,000.  The  territorial  act  establishing  the  county  provided  for  the  selec 
tion  of  a  county  seat  by  votes  at  the  next  general  election,  which  was  pre 
vented  by  the  Rogue  River  Indian  war.  At  the  election  of  1858  Ellensburg, 
a  mining  town,  was  chosen,  and  the  choice  confirmed  by  state  legislative 
enactment  in  October  I860.  Port  Orford  is  the  principal  port  in  Curry 
county.  Chetcoe  is  the  only  other  town  on  the  coast.  There  is  no  reason 
for  the  unsettled  condition  of  Curry  except  its  inaccessibility,  which  will  be 
overcome  in  time,  when  its  valuable  forests  and  minerals  will  be  made  a  source 
of  wealth  by  a  numerous  population.  Salmon-fishing  is  the  principal  indus 
try  aside  from  lumbering  and  farming. 

_Douglas  county,  named  after  Stephen  A.  Douglas,  was  created  January  7, 
1852,  out  of  that  part  of  Umpqua  county  which  lay  west  of  the  Coast  Range. 
In  1864  the  remainder  of  Umpqua  was  joined  to  Douglas,  and  Umpqua  ceased 
to  be.  Its  boundaries  have  been  several  times  altered,  the  last  time  in  1882, 
when  a  small  strip  of  country  was  taken  off  its  western  border  to  give  to  Coos. 
Its  area  previous  to  this  partition  was  5,796  square  miles.  The  valuation  of 
its  farms,  buildings,  and  live-stock  is  nearly  five  million  dollars.  A  large 
portion  of  its  wealth  comes  from  sheep-raising  and  wool-growing.  In  1880 
Douglas  county  shipped  a  million  pounds  of  wool,  worth  three  to  four  cents 
more  per  pound  than  Willamette  Valley  wool,  and  sold  27,000  head  of  she*- 


DOUGLAS,  GILLIAM,  AND  GRANT.  711 

to  Nevada  farmers.  The  valuation  of  assessable  real  and  personal  property 
is  between  two  and  three  millions.  In  that  part  of  the  county  which  touches 
the  sea-coast  lumbering  and  fishing  are  important  industries.  Gold-mining  is 
still  followed  in  some  localities  with  moderate  profits.  The  population  is  be 
tween  nine  and  ten  thousand.  Roseburg,  named  after  its  founder,  Aaron 
Rose,  was  made  the  county  seat  in  18.53.  It  was  often  called  Deer  creek  until 
about  1856-7.  It  is  beautifully  situated  at  the  junction  of  Deer  creek  with 
the  south  fork  of  the  Umpqua,  in  the  heart  of  the  Umpqua  Valley,  has  about 
900  inhabitants,  and  is  the  principal  town  in  the  valley.  It  was  incorporated 
in  1868.  Oakland  is  a  pretty  town  of  400  inhabitants,  so  named  by  its  founder, 
D.  S.  Baker,  from  its  situation  in  an  oak  grove.  Detvly's  Hist.  Or.,  MS., 
79.  It  is  on  Calapooya  creek,  a  branch  of  the  Umpqua  River,  and  the  Oregon 
and  California  railroad  passes  through  it  to  Roseburg.  Wilbur  is  another 
picturesque  place  on  the  line  of  this  road,  named  after  J.  H.  Wilbur,  founder 
of  the  academy  at  that  place.  It  is  only  an  academic  town,  with  two  hun 
dred  population.  Canonville,  at  the  north  end  of  the  Umpqua  canon,  has  a 
population  of  two  or  three  hundred.  Winchester,  named  for  Colonel  Win 
chester  of  the  Umpqua  Company,  the  first  county  seat  of  Douglas  county, 
Galesville,  named  from  a  family  of  that  name,  Myrtle  Creek,  Camas  Valley, 
Looking  Glass,  Ten  Mile,  Cleveland,  Umpqua  Ferry,  Cole's  Valley,  Rice  Hill, 
Yoncalla,  Drain,  Comstock,  Elkton,  Sulphur  Springs,  Fair  Oaks,  Civil  Bend, 
Day  Creek,  Elk  Head,  Kellogg,  Mount  Scott,  Patterson's  Mills,  Round  Prairie, 
are  the  various  smaller  towns  and  post-offices  in  the  valley.  Scottsburg,  sit 
uated  at  the  head  of  tide-wrater  on  the  lower  river,  named  for  Levi  Scott,  its 
founder  in  1850,  and  by  him  destined  to  be  the  commercial  entrepot  of  south 
ern  Oregon,  is  now  a  decayed  mountain  hamlet.  The  lower  town  was  all 
washed  away  in  the  great  flood  of  1861-2,  and  a  whole  street  of  the  upper 
town,  with  the  military  road  connecting  it  with  the  interior  country,  was 
made  impassable.  Another  road  has  been  constructed  over  the  mountains, 
and  an  attempt  made  to  render  the  Umpqua  navigable  to  Roseburg,  a  steamer 
of  small  dimensions  and  light  draught  being  built,  which  made  one  trip  and 
abandoned  the  enterprise,  condemning  Scottsburg  to  isolation  and  retrogres 
sion.  Gardiner,  situated  on  the  north  bank  of  the  Umpqua,  eighteen  miles 
lower  down — named  by  A.  C.  Gibbs  after  Captain  Gardiner  of  the  Bostonian, 
a  vessel  wrecked  at  the  entrance  to  the  river  in  1850 — laid  out  in  1851,  was 
the  seat  of  customs  collection  for  several  years,  during  which  it  was  presumed 
there  was  a  foreign  trade.  At  present  it  is  the  seat  of  two  or  more  lumbering 
establishments,  a  salmon-cannery,  and  a  good  local  trade. 

Gilliam  county  was  set  off  mostly  from  Wasco,  partly  from  Umatilla,  in 
the  spring  of  1885.  First  county  officers:  commissioners,  A.  H.  Wetherford, 

W.  W.  Steiver;  judge,  J.  W.  Smith;  clerk, -Lucas;  sheriff,  J.  A.  Blakely; 

treasurer,  Harvey  Condon;  assessor,  J.  C.  Cartwright.  The  town  site  of 
Alkali,  the  present  county  seat,  was  laid  off  in  1882  by  James  W.  Smith,  a 
native  of  Mississippi.  First  house  built  in  the  latter  part  of  1881,  by  E.  W. 
Rhea. 

J.  H.  Parsons,  born  in  Randolph  co.,  Va,  came  to  Cal.  in  1857,  overland, 
with  a  train  of  30  wagons  led  by  Capt.  L.  Mugett,  and  located  in  San  Jos6 
Valley,  where  for  twelve  years  he  was  a  lumber  dealer.  In  1869  he  went  to 
British  Columbia  and  was  for  8  years  engaged  in  stock-raising  on  Thompson's 
River,  after  which  he  settled  on  John  Day  River,  Oregon,  in  what  is  now 
Gilliam  co.  He  married,  in  1877,  Josephine  Writsman,  and  has  4  children. 
He  owns  320  acres  of  bottom-land,  has  5  square  miles  of  pasture  under  fence, 
has  2,000  head  of  cattle,  and  200  horses.  His  grain  land  produces  30  bushels 
of  wheat  or  60  bushels  of  barley  to  the  acre. 

Grant  county,  called  after  U.  S.  Grant,  occupying  a  central  position  in 
eastern  Oregon,  contains  over  fifteen  square  miles,  of  which  only  about  one- 
ninth  has  been  surveyed,  less  than  200,000  acres  settled  upon,  and  less  than 
forty  thousand  improved.  It  was  organized  out  of  Wasco  and  Umatilla 
counties,  October  14,  1864,  during  the  rush  of  mining  population  to  its  placers 
on  the  head  waters  of  the  John  Day.  Spec.  Laws,  in  Or.  Jour.  Sen.,  1864,  43-4. 


712  COUNTIES  OF  OREGON". 

Its  boundaries  were  defined  by  act  in  1870.  Or.  Laws,  1870,  167-8.  In 
187*2  a  part  was  taken  from  Grant  and  added  to  Baker  county.  Or.  Laws, 
1872,  34-5.  These  placers  no  longer  yield  profitable  returns,  and  are  aban 
doned  to  the  Chinese.  There  are  good  quartz  mines  in  the  county,  which  will 
be  ultimately  developed.  The  principal  business  of  the  inhabitants  is  horse- 
breeding  and  cattle-raising;  but  there  is  an  abundance  of  good  agricultural 
land  in  the  lower  portions.  The  population  is  about  5,000.  The  gross  valu 
ation  of  all  property  in  1881  was  over  $1,838,000,  the  chief  part  of  which  was 
in  live-stock. 

Canon  City,  the  county  seat,  was  founded  in  1862,  and  incorporated  in 
1864.  It  is  situated  in  a  canon  of  the  head-waters  of  John  Day  River,  in  the 
centre  of  a  rich  mining  district  now  about  worked  out.  It  had  2,500  inhabi 
tants  in  1865.  A  fire  in  August  1870  destroyed  property  worth  a  quarter  of 
a  million,  which  has  never  been  replaced.  The  present  population  is  less  than 
600  for  the  whole  precinct  in  which  Canon  City  is  situated,  which  comprises 
some  of  the  oldest  mining  camps.  Prairie  City,  a  few  miles  distant,  Robin- 
sonville,  Mount  Vernon,  Monument,  Long  Creek,  John  Day,  Granite,  Camp 
Harney,  and  Soda  Spring  are  the  minor  settlements. 

Jackson  county,  from  Andrew  Jackson,  president,  was  created  January 
12,  1852,  out  of  the  territory  lying  south  of  Douglas,  comprising  the  Rogue 
River  Valley  and  the  territory  west  of  it  to  the  Pacific  ocean.  Its  boundaries 
have  been  several  times  changed,  by  adding  to  it  a  portion  of  Wasco  and  tak 
ing  from  it  the  county  of  Josephine,  with  other  recent  modifications.  Its 
present  area  is  4,689  square  miles,  one  third  of  which  is  good  agricultural 
land,  about  91,000  acres  of  which  is  improved.  Corn  and  grapes  are  success 
fully  cultivated  in  Jackson  county  in  addition  to  the  other  cereals  and  fruits. 
The  valuation  of  its  farms  and  buildings  is  over  $1,600,000,  of  live-stock  half 
a  million,  and  of  farm  products  over  half  a  million  annually.  The  valuation 
of  taxable  property  is  nearly  two  millions.  The  population  is  between  eight 
and  nine  thousand.  Mining  is  the  most  important  industry,  the  placers  still 
yielding  well  to  a  process  of  hydraulic  mining.  Jacksonville,  founded  in 
1852,  was  established  as  the  county  seat  January  8,  1853,  and  incorporated 
in  1864.  It  owed  its  location,  on  Jackson  creek,  a  tributary  of  Rogue  River, 
to  the  existence  of  rich  placers  in  the  immediate  vicinity,  yet  unlike  most 
mining  towns,  it  occupies  a  beautiful  site  in  the  centre  of  a  fertile  valley,  where 
it  must  continue  to  grow  and  prosper.  It  is  now,  as  it  always  has  been,  an 
active  business  place.  The  population  has  not  increased  in  twenty  years,  but 
has  remained  stationary  at  between  eight  and  nine  hundred.  This  is  owing 
to  the  isolation  of  the  Rogue  River  Valley,  the  ownership  of  the  mines  by 
companies,  and  the  competition  of  the  neighboring  town  of  Ashland.  Bowies' 
New  West,  449;  Hines'  Or.,  78-9;  Bancroft  (A.  L.),  Journey  to  Or.,  1862, 
MS.,  44.  The  town  of  Ashland,  founded  in  1852  by  J.  and  E.  Emry,  David 
Hurley,  and  J.  A.  Cardwell,  and  named  after  the  home  of  Henry  Clay,  has  a 
population  about  equal  to  Jacksonville.  It  is  the  prettiest  of  the  many  pretty 
towns  in  southern  Oregon,  being  situated  on  Stuart  creek,  where  it  tumbles 
down  from  the  foot-hills  of  the  Cascade  Range  with  a  velocity  that  makes  it  a 
valuable  power  in  operating  machinery,  and  overlooking  one  of  the  most 
beautiful  reaches  of  cultivable  country  on  the  Pacific  coast.  It  has  the  oldest 
mills  in  the  county,  a  woollen  factory,  marble  factory,  and  other  manufactories, 
and  is  the  seat  of  the  state  normal  school.  CardwcdVs  Emigrant  Company, 
MS.,  14;  Ashland  Tidings,  May  3,  1878.  The  minor  towns  in  this  county  are 
Barron,  Phoenix,  Central  Point,  VVillow  Springs,  Rock  Point,  Eagle  Point,  Big 
Butte,  Brownsborough,  Pioneer,  Sam's  Valley,  Sterlingville,  Thomas'  Mill, 
Uniontown,  Woodville,  and  Wright. 

A  pioneer  of  Jackson  county  is  Thomas  Fletcher  Beall,  who  was  born  in 
Montgomery  co. ,  Md,  in  1703,  his  mother,  whose  maiden  name  was  Doras 
Ann  Bedow,  being  born  in  the  same  state  when  it  was  a  colony,  and  dying 
in  it.  In  1836  his  father,  Thomas  Beall,  removed  to  Illinois,  and  his  son  ac 
companied  him,  remaining  there  until  1852,  when  he  emigrated  to  Oregon, 
settling  in  Rogue  River  Valley.  In  1859  he  married  Ann  Hall  of  Champaign 


JACKSON  AND  JOSEPHINE.  713 

co.,  Ohio,  then  living  in  Douglas  co.,  Or.  They  have  12  children — 8  boys 
and  4  girls.  Beall  was  elected  to  the  legislature,  and  served  at  the  regular 
session  of  1864,  and  at  the  called  session  of  1865  for  the  purpose  of  ratifying 
the  15th  amendment  of  the  U.  S.  constitution.  He  was  again  elected  in 
1884.  He  has  served  as  school  director  in  his  district  for  25  years,  less  one 
term. 

John  Lafayette  Rowe  was  born  in  Jackson  co.,  Or.,  in  1859,  his  parents 
being  pioneers.  He  married  Martha  Ann  Smith,  Jan.  1,  1883. 

Mrs  John  A.  Cardwell,  widow  first  of  William  Steadman,  was  born  in 
Ireland  in  1832,  removed  to  Australia  in  1849,  married  Steadman  in  1850, 
removed  to  San  Francisco  in  1851,  and  was  left  a  widow  in  1855.  She  mar 
ried  Cardwell,  an  Englishman,  the  following  year,  and  they  removed  to  Sanis 
Valley  in  Jackson  co.,  Or.,  where  Cardwell  died  in  May  1882.  Mrs  Card- 
well  has  had  5  sons  and  6  daughters,  one  of  whom  died  in  1868.  Cardwell 
wrote  the  Emigrant  Company,  MS.,  from  which  I  have  quoted. 

Andrew  S.  Moore,  born  in  Susquehanna  co.,  Ohio,  in  1830,  emigrated  to 
Oregon  in  1859,  settling  in  Sanis  Valley,  Jackson  co.,  where  he  has  since  re 
sided,  engaged  in  farming.  In  1864  he  married  Melissa  Jane  Cox,  of  Linn 
co.,  Iowa.  They  have  7  sons  and  4  daughters. 

Arad  Comstock  Stanley,  born  in  Missouri  in  1835,  was  bred  a  physician, 
and  emigrated  to  California  in  1864,  settling  near  Woodland.  He  removed 
to  Jackson  co.,  Or.,  in  1875,  settling  in  Sanis  Valley  where  he  has  a  farm,  but 
practices  his  profession.  He  married  Susan  Martin  in  1862.  Their  only 
child  is  Mrs  Sedotha  L.  Hannah,  of  Jackson  co. 

John  B.  Wrisley,  born  in  Middlebury,  Vt,  in  1819,  removed  to  New  York, 
Michigan,  and  Wisconsin,  where  he  married  Eliza  Jane  Jacobs  of  Iowa  co., 
in  1843.  He  came  to  California  in  1849,  and  to  Rogue  River  Valley  in  1852. 
His  daughter  Alice  was  the  first  white  girl  born  in  the  valley.  She  married 
C.  Goddard  of  Medford,  Jackson  co.  Wrisley  voted  for  the  state  constitu 
tions  of  Wisconsin,  California,  and  Oregon;  has  been  active  in  politics,  but 
always  rejected  office. 

Joshua  Patterson  was  born  in  Michigan  in  1857,  immigrated  to  Oregon  in 
1862,  and  settled  in  Rogue  River  Valley.  He  married,  in  1880,  Ella  Jane 
Fewel,  and  resides  at  Ashland.  Has  2  children. 

Thomas  Curry,  born  near  Louisville,  Ky,  in  1833,  removed  with  his  parents 
to  111.,  and  came  to  Or.  in  1853,  settling  in  the  Rogue  River  Valley,  where  he 
has  since  resided.  In  1863  he  marrie  1  Mary  E.  Sutton,  who  came  with  her 
parents  to  Or.  in  1854.  Of  5  children  born  to  them,  2  are  now  living. 

Jacob  Wagner,  an  immigrant  of  1S51,  was  born  in  Ohio  in  1820,  and  re 
moved  with  his  parents  first  to  Ind.  and  afterwards  to  Iowa.  Settling  in 
Ashland,  he  has  been  engaged  in  farming  and  milling  during  a  generation. 
He  married  Ellen  Hendricks  of  Iowa,  in  I860,  by  whom  he  has  had  7  children, 
2  of  whom  are  dead. 

Franklin  Wertz,  born  in  Pa  in  1836,  married  Martha  E.  V.  Beirly  of  his 
state,  and  the  couple  settled  at  Medford,  where  5  children  have  been  born  to 
them. 

Josephine  county,  cut  off  from  Jackson  January  22,  1856,  was  named  after 
Josephine  Rollins,  daughter  of  the  discoverer  of  gold  on  the  creek  that  also 
bears  her  name.  Its  area  is  something  less  than  that  of  Curry  or  Jackson, 
between  which  it  lies,  and  but  a  small  portion  of  it  is  surveyed.  The  amount 
of  land  cultivated  is  not  over  20,000  acres,  nor  the  value  of  farms  and  improve 
ments  over  $400,000,  while  another  $300,000  would  cover  the  value  of  live 
stock  and  farm  products.  The  valuation  of  taxable  property  is  under  8400,- 
000.  Yet  this  county  has  a  good  proportion  of  fertile  land,  and  an  admirable 
climate  with  picturesque  scenery  to  make  it  n't  for  settlement,  and  only  its 
exclusion  from  lines  of  travel  and  facilities  for  modern  advantages  of  educa 
tion  and  society  has  prevented  its  becoming  more  populous.  Mining  is  the 
chief  vocation  of  its  2,500  inhabitants.  When  its  mines  of  gold,  silver,  and 
copper  come  to  be  worked  by  capitalists,  it  will  be  found  to  be  possessed  of 
immense  resources.  Kirbyville,  founded  in  1852,  is  the  county  seat.  The 


714  COUNTIES  OF  OREGON. 

people  of  this  small  town  have  attempted  to  change  its  name,  but  without 
success.  An  act  was  passed  by  the  legislature  in  1858  to  change  it  to  Napo 
leon — a  questionable  improvement.  Or.  Laws,  1858-9,  91.  It  was  changed 
back  by  the  legislature  of  1860.  Or.  Jour.  Sen.,  1860,  68.  The  question  of 
whether  the  county  seat  should  be  at  Wilderville  or  Kirbyville  was  put  to 
vote  by  the  people  in  1876,  and  resulted  in  a  majority  for  Kirbyville.  Or. 
Jour.  House.  It  retains  not  only  its  original  appellation,  but  the  honor  of 
being  the  capital  of  the  county.  The  towns  of  Althouse,  Applegate,  Waldo, 
Slate  Creek,  Murphy,  Galice,  and  Lelaud  are  contemporaries  of  the  county 
seat,  having  all  been  mining  camps  from  1852  to  the  present.  Lucky  Queen 
is  more  modern. 

Klamath  county,  the  name  being  of  aboriginal  origin,  was  established 
October  7,  1882,  out  of  the  western  part  of  Lake  county,  which  was  made  out 
of  that  part  of  Jackson  county  which  was  taken  from  the  south  end  of  Wasco 
county.  It  contains  5,544  square  miles,  including  the  military  reservation 
and  the  Klamath  Indian  reservation.  The  recent  date  of  the  division  of  ter 
ritory  leaves  out  statistical  information.  The  altitude  of  the  country  on  the 
east  slope  of  the  Cascade  Mountains  makes  this  a  grazing  rather  than  an  agri 
cultural  county,  although  the  soil  is  good  and  the  cereals  do  well,  excepting 
Indian  corn.  Linkville,  situated  on  Link  River,  between  the  Klamath  lakes, 
was  founded  by  George  Nourse,  a  sutler  from  Fort  Klamath,  about  1871,  who 
built  a  bridge  over  the  stream  and  a  hotel  on  the  east  side,  and  so  fixed  the 
nucleus  of  the  first  town  in  the  country.  It  is  the  county  seat  and  a  thriving 
business  centre.  Nourse  planted  the  first  fruit-trees  in  the  Klamath  country, 
which  in  1873  were  doing  well.  It  contains  the  minor  settlements  of  Fort 
Klamath,  Klamath  Agency,  Langell,  Bonanza,  Mergauser,  Yainax,  Tule  Lake, 
and  Sprague  River. 

Simpson  Wilson,  born  in  Yamhill  co.  in  1849,  is  a  son  of  Thomas  A.  Wil 
son,  who  migrated  to  Oregon  in  1847.  Father  and  son  removed  to  Langell 
Valley,  in  what  is  now  Klamath  co. ,  in  1870,  to  engage  in  stock-raising.  Simp 
son  Wilson  married,  on  the  16th  of  July,  1871,  at  Linkville,  Nancy  Ellen  Hall, 
who  came  across  the  plains  with  her  parents  from  Iowa,  in  1858.  This  was 
the  first  marriage  celebrated  in  Klamath  co.  They  have  2  sons  and  3  daugh 
ters, 

John  T.  Fulkerson  was  born  in  Williams  co.,  Ohio,  in  1840,  his  parents 
having  migrated  from  N.  Y.  in  their  youth.  In  1860  John  T.  joined  a  train 
of  Arkansas  emigrants  under  Captain  Joseph  Lane,  migrating  to  Cal.  and  set 
tling  in  the  San  Joaquin  Valley,  where  he  remained  until  1865,  when  he  re 
moved  to  Jackson  co.,  Oregon,  and  in  1867  to  Laugell  Valley,  being  one  of 
the  earliest  settlers  of  this  region,  then  still  a  part  of  Jackson  co.  He  mar 
ried,  in  1866,  Ellen  E.  Hyatt,  formerly  of  Iowa,  who  in  crossing  the  plains  a 
few  years  previous  lost  her  mother  and  grandmother.  They  have  4  sons  and 
3  daughters. 

Jonathan  Howell,  born  in  Guilford  co.,  N.  C.,  in  1828,  and  brought  up  in 
111.  He  came  to  Cal.  in  1850,  overland,  and  located  in  Mariposa  co.,  residing 
there  and  in  Merced  and  Tulare  9  years,  after  which  he  returned  to  the  east 
and  remained  until  1876,  living  in  several  states  during  that  time.  When  he 
returned  to  the  Pacific  coast  it  was  to  Rogue  River  Valley  that  he  came,  re 
moving  soon  after  to  the  Klamath  basin,  and  settling  near  the  town  of  Bo 
nanza.  He  married,  in  1860,  Susanna  Statsman,  born  in  Schuyler  co.,  111. 
They  have  living,  2  sons  and  1  daughter. 

Thomas  Jefferson  Goodwyn,  born  in  Suffolk  co.,  England,  in  1846,  went  to 
Australia  in  1864,  and  from  there  migrated  to  Oregon  ten  years  later,  settling 
at  Bonanza.  He  married  Genevieve  Roberts  of  Jackson  co.,  in  1881,  and  has 
2  sons  and  2  daughters. 

John  McCurdy,  born  in  Pugh  co.,  Va,  in  1836,  and  reared  in  111. ;  migrated 
to  Portland,  Oregon,  in  1864,  where  he  chiefly  resided  until  1880,  when  he 
settled  in  Alkali  Valley,  Klamath  co.  He  married  Frances  M.  Thomas  of 
McDonough  co.,  111.,  in  1857.  They  had  2  sons  and  1  daughter,  when  in  im 
migrating  his  wife  died,  and  was  buried  in  the  Bitter  Root  Mountains. 


LAKE,  LANE,  AND  LINN,  715 

McCurdy  has  a  brother,  Martin  V.,  in  Lassen  co.,  Cal.,  and  another  brother, 
Joseph,  in  Nevada. 

Lake  county,  organized  October  23,  1874,  took  its  name  from  the  number 
of  lakes  occupying  a  considerable  portion  of  its  surface.  It  formerly  embraced 
Klamath  county,  and  its  first  county  seat  was  at  Linkville.  But  by  a  vote 
of  the  people,  authorized  by  the  legislature,  the  county  seat  was  removed  to 
Lakeview,  on  the  border  of  Goose  Lake,  in  1876,  previous  to  the  setting-off 
of  Klamath  county.  It  contains  6,763  square  miles,  less  than  44,000  acres 
being  improved.  Its  farms  and  buildings  are  valued  at  $451,000,  the  assessed 
valuation  of  real  and  personal  property  being  about  $700,000,  and  the  total 
gross  valuation  over  $1,039,000.  This  valuation  is  for  the  county  of  Lake 
before  its  division,  there  being  nothing  later  to  refer  to.  The  population  is 
less  than  8,000  for  the  two  counties  of  Lake  and  Klamath.  The  settlements 
are  Drew  Valley,  Antler,  Hot  Springs,  Chewaucan,  White  Hill,  Sumner,  and 
Silver  Lake. 

Among  the  settlers  of  this  comparatively  new  county  are  Thomas  0. 
Blair,  born  in  Ohio,  who  emigrated  in  1859  by  ox-team.  Before  starting  he 
married  Lovisa  Anderson.  They  reside  on  Crooked  Creek,  near  Lakeview. 
Charles  A.  Rehart,  born  in  Perry  co.,  Ohio,  came  to  Oregon  overland  in 
18G5.  He  follows  farming  and  sheep-raising  in  the  Chewaucan  Valley.  He 
married  Martha  Ann  Brooks  in  Dec.  1876. 

Michael  Suit,  born  in  Marion  co.  Ohio,  emigrated  overland  to  Oregon 
in  1859,  in  company  with  his  sister,  Mary  Cruzan.  He  farms  and  raises  stock 
at  Summer  Lake.  He  married,  in  1880,  Laura  Bell  Conrad. 

George  Clayton  Duncan,  who  was  born  in  111.  in  1827,  emigrated  to 
Oregon  in  1854,  and  resides  at  Paisley,  in  Lake  co.  He  married  Eliza  Rinehart 
in  1848.  They  have  3  sons  and  3  daughters. 

Thomas  J.  Brattaiu,  born  in  111.  in  1829,  came  to  Oregon  in  1850,  over 
land,  and  resides  at  Paisley.  He  married  Permetiu  J.  Gillespie  in  1859. 
They  have  3  sons  and  1  daughter.  There  came  with  them  to  Oregon  John, 
Alfred,  William  C.,  Francis  M.,  and  James  C.  Brattain,  brothers;  and  Eliza 
beth  Ebbert,  Mary  Brattain,  Millie  A.  Smith,  and  Martha  J.  Hadley,  sisters. 

Lane  county,  named  after  Joseph  Lane,  was  organized  January  24,  1851, 
out  of  Linn  and  Benton.  Its  southern  boundary  was  denned  December  22, 
1853.  Its  area  is  4,492  miles,  of  which  about  229,000  acres  are  improved. 
The  value  of  farms  and  buildings  is  $4,600,000;  of  live-stock,  $700,000;  of 
farm  products,  $900,000;  and  of  all  taxable  property,  about  $3,400,000.  The 
population  is  between  nine  and  ten  thousand.  Extending  from  the  Cascade 
Mountains  to  the  ocean,  Lane  county  comprises  a  variety  of  topographical 
features,  including  the  foot-hills  of  Calapooya  Range,  and  the  rougher  hill 
land  of  the  Coast  Range,  with  the  level  surfaces  of  the  Willamette  plains.  Its 
productions  partake  of  this  variety.  Besides  grains,  vegetables,  fruits,  and 
dairy  produce,  it  is  the  largest  hop-producing  county  in  Oregon,  the  crop  of 
1882  selling  for  a  million  dollars.  Eugene  City,  the  principal  town,  was 
founded  in  1847  by  Eugene  Skinner.  It  was  chosen  for  the  county  seat  by 
a  vote  of  the  people  in  1853,  and  incorporated  in  1864.  It  is  well  located, 
near  the  junction  of  the  coast  and  McKenzie  fork  of  the  Willamette,  at  the 
head  of  navigation,  surrounded  by  the  picturesque  scenery  of  the  mountains 
which  close  in  the  valley  a  few  miles  farther  south.  It  is  the  seat  of  the  state 
university,  with  a  population  of  about  1,200.  Junction  City,  at  the  junction 
of  the  Oregon  Central  and  Oregon  and  California  railroads,  was  built  up  by 
the  business  of  these  roads.  It  was  incorporated  in  1872,  and  has  between 
three  and  four  hundred  inhabitants.  The  lesser  settlements  are  Cottage 
Grove,  Divide,  Latham,  Cresswell,  Rattlesnake,  Goshen,  Springfield,  Leaburg, 
Willamette  Forks,  Irving,  Cartwright,  Chesher,  Linslaw,  Spencer  Creek, 
Camp  Creek,  Cannon,  Crow  .Dexter,  Florence,  Franklin,  Ida,  Isabel,  Long 
Tom,  McKenzie  Bridge,  Mohawk,  Pleasant  Hill,  Tay,  Trent,  and  Walterville. 

Linn  county,  named  in  honor  of  Lewis  F.  Linn  of  Missouri,  was  organized 
December  28,  1847,  'out  of  all  that  territory  lying  south  of  Champoeg  and 
cast  of  Benton.'  Its  southern  boundary  was  established  January  4,  1851, 


716  COUNTIES  OF  OREGON. 

giving  an  area  of  about  2,000  square  miles,  of  which  256,000  acres  are  im 
proved.  The  valuation  of  farms  and  buildings  for  1 S79  was  over  seven  millions, 
of  live-stock  nearly  a  million,  and  of  farm  products  almost  a  million  and  a 
half.  The  total  valuation  of  assessable  property  reached  to  considerably  over 
four  million  dollars.  The  population  is  between  twelve  and  thirteen 'thou 
sand.  This  county  has  three  natural  divisions,  the  first  lying  between  the 
north  and  south  Santiam  rivers;  the  second  between  Santiam  River  and  Cala- 
pooya  creek,  and  the  third  between  Calapooya  creek  and  the  south  boundary 
line*  each  of  which  has  a  business  centre  of  its  own.  Albany,  the  county 
seat,  founded  in  1S4S  by  Walter  and  Thomas  Montieth,  named  after  Albany, 
X.  Y.,  by  request  of  James  P.  Millar,  and  incorporated  in  18G4,  is  the  prin 
cipal  town  in  the  county,  and  the  centre  of  trade  for  the  country  between  the 
Santiam  and  Calapooya* rivers.  It  has  a  fine  water-power,  and  several  manu 
factories,  and  is  the  seat  of  the  presbyterian  college.  The  population  is  2,000. 
Brownsville,  incorporated  in  1874,  Lebanon,  and  Waterloo,  each  with  a  few 
hundred  inhabitants,  are  thriving  towns  in  this  section.  Scio,  in  the  forks  of 
the  Santiam,  incorporated  in  1806,  is  the  commercial  centre  of  this  district, 
•with  a  population  of  about  500.  Harrisburg,  situated  on  the  Willamette  River 
and  the  Oregon  and  California  railroad,  is  the  shipping  point  for  a  rich  agri 
cultural  region.  It  was  incorporated  in  1SG6.  The  present  population  is 
600.  Halsey,  named  after  an  otScer  of  the  railroad  company,  was  founded 
about  1S72,  and  incorporated  in  1S76.  The  lesser  towns  in  this  county  are 
Pine,  Shedd,  Sodaville,  Tangent,  Oakville,  Fox  Valley,  Jordan,  Mabel,  Miller, 
Mount  Pleasant,  and  Crawford sville. 

Marion  county,  one  of  the  original  four  districts  of  1843,  called  Champoeg, 
Lad  its  name  changed  to  Marion  by  an  act  of  the  legislature  of  September  3, 
1849,  in  honor  of  General  Francis  Marion.  Champoeg,  or  Champooick,  dis 
trict  comprised  all  the  Oregon  territory  on  the  east  side  of  the  Willamette, 
north  of  a  line  drawn  due  east  from  the  mouth  of  Pudding  or  Auchij'oke 
River  to  the  Rocky  Mountains.  Or.  Archives,  26.  Its  southern  limit  was  fixed 
when  Linn  county  was  created,  and  the  eastern  boundary  when  the  county 
of  Wasco  was  established  in  1854.  Its  northern  line  was  readjusted  in  Jan 
uary  1850,  according  to  the  natural  boundary  of  Pudding  River  and  Butte 
Creek,  which  adjustment  gives  it  an  irregular  wedge  shape.  It  contains  about 
1,200  square  miles,  of  which  200.000  acres  are  under  improvement.  Its  farms 
and  buildings  are  valued  at  nearly  eight  million  dollars,  its  live-stock  eight 
hundred  thousand,  and  its  annual  farm  products  at  more  than  a  million  and 
a  half.  The  assessed  valuation  of  real  and  personal  property  is  four  million 
dollars,  of  all  taxable  property  over  six  millions.  The  population  is  between 
fourteen  and  fifteen  thousand.  Salem,  the  county  seat  and  the  capital  of  the 
state,  was  founded  in  1841  by  the  Methodist  Mission,  and  its  history  has  been 
given  at  length.  It  was  named  by  David  Leslie,  after  Salem,  Mass.,  in  prefer 
ence  to  Chemeketa,  the  native  name,  which  should  have  been  retained.  It 
was  incorporated  January  29, 1858,  and  has  a  population  of  about  5,000.  The 
Willamette  university,  the  state-house,  county  court-house,  penitentiary, 
churches,  and  other  public  and  private  buildings,  situated  within  large  squares 
boi-dered  by  avenues  of  unusual  width  and  surrounded  by  trees,  make  an  im 
pression  upon  the  observer  favorable  to  the  founders,  '  who  builded  better  than 
they  knew. '  Salem  has  also  a  fine  water-power,  and  mills  and  factories,  and 
is  in  every  sense  the  second  city  in  the  state.  Gervais,  named  after  Joseph 
Gervais  of  French  Prairie,  incorporated  in  1874,  is  a  modern  town  built  up  by 
the  railroad.  Butteville,  which  takes  its  name  from  a  round  mountain  in  the 
vicinity — butte,  the  French  term  for  isolated  elevations,  has  been  adopted 
into  the  nomenclature  of  Oregon,  where  it  appears  in  Spencer  butte,  Beaty 
butte,  Pueblo  butte,  etc.— is  an  old  French  town  on  the  Willamette  at  the 
north  end  of  French  prairie,  but  not  so  old  as  Champoeg  in  its  vicinity. 
They  both  date  back  to  the  first  settlement  of  the  Willamette  Valley,  and 
neither  have  more  than  from  four  to  six  hundred  in  their  precincts.  Jeffer 
son,  the  seat  of  Jefferson  Institute,  was  founded  early  in  the  history  of  the 
county,  although  not  incorporated  until  1870.  It  is*  situated  on  the  north 


MARION  AND  MULTNOMAH.  717 

bank  of  the  Santiam  Paver,  ten  miles  from  its  confluence  with  the  Willamette, 
and  has  fine  flouring  mills.  The  population  is  small.  Silverton  is  another  of 
the  early  farming  settlements,  which  takes  its  name  from  Silver  creek,  a 
branch  of  Pudding  River,  on  which  it  is  situated,  and  both  from  the  supposed 
discovery  of  silver  mines  at  the  head  of  this  and  other  streams  in  Marion 
county,  about  1 857.  It  was  not  incorporated  until  1 874.  Aurora  was  founded 
by  a  community  of  Germans,  under  the  leadership  of  William  Keil,  in  1855. 
The  colony  was  an  offshoot  of  Bethel  colony  in  Missouri,  also  founded  by 
Keil  in  1835.  On  the  death  of  Keil,  about  1879,  the  community  system  was 
broken  up.  Three  hundred  of  these  colonists  own  10,000  acres  of  land  at 
Aurora.  Moxs1  Pictures  Or.  City,  MS.,  82;  Deady'a  Hist.  Or.,  MS.,  78;  S.  F. 
Post,  July  28,  1881.  Other  towns  and  post-oifices  in  the  county  are  Hubbard, 
named  after  Thomas  J.  Hubbard,  who  came  to  Oregon  with  Wyeth  and  settled 
in  the  Willamette  Valley,  Sublimity,  Mohama,  Fairfield,  Aumsviile,  Turner, 
Wiiiteaker,  Stayton,  Woodburn,  Bellpasie,  Stipp,  Brooks,  Saint  Paul,  and 
Daly's  Mill. 

Multnoinah  county,  which  has  taken  a  local  Indian  name,  was  organized 
December  23,  1854,  out  of  Washington  and  Clackamas  counties.  Its  boun 
daries  were  finally  changed  October  24,  1864.  It  is  about  fifty  miles  long  by 
tea  in  width,  and  comprises  a  small  proportion  of  agricultural  land,  being 
mountainous  and  heavily  timbered.  Less  than  27,000  acres  are  under  im 
provement,  the  value  of  farms,  including  buildings  and  fences,  being  $2,283,- 
030,  of  live-stock  less  than  $200,000,  and  of  farm  produce  not  quite  $100, 000. 
The  gross  value  of  all  property  in  the  county  is  over  nineteen  millions,  and 
the  valuation  of  taxable  property  about  fourteen  millions.  The  population 
i.-i  26,000.  The  capital  invested  in  manufactures  is  nearly  two  millions,  and 
the  value  of  productions  approaches  three  millions.  Portland,  founded  in 
1845  by  A.  L.  Lovejoy  and  F.  W.  Pettygrove,  and  named  after  Portland, 
Maine,  by  the  latter,  is  the  county  seat  of  Multnomah,  and  the  principal 
commercial  city  of  Oregon.  It  was  first  incorporated  in  January  1851,  at 
which  time  its  dimensions  were  two  miles  in  length,  along  the  river,  and 
extending  one  mile  west  from  it.  Portland  Oretjonian,  April  15,  1871.  The 
city  government  was  organized  April  15,  1851.  There  is  no  copy  of  the  incor 
poration  act  of  1851  in  my  library,  but  the  act  is  mentioned  by  its  title  in  the 
Oregon  Statesman  for  March  28,  1851,  and  the  date  is  also  given  in  an  article 
by  Judge  Deady  in  the  Overland  Monthly,  i.  37.  The  first  mayor  chosen 
was  Hugh  D.  O'Bryant.  The  ground  being  thickly  covered  with  a  fir  forest, 
there  was  along  battle  with  this  impediment  to  improvement,  and  for  twenty 
years  a  portion  of  the  town  site  was  disfigured  with  the  blackened  shafts  of 
immense  trees  denuded  of  their  branches  by  fire.  The  population  increased 
slowly,  by  a  healthy  growth,  stimulated  occasionally  by  military  operations 
and  mining  excitements.  In  1850  shipping  began  to  arrive  from  S.  F.  for 
lumber  and  farm  products,  and  Couch  &  Co.  despatched  the  first  brig  to 
China — the  Emma  Preston.  On  the  4th  of  December  of  that  year  the  first 
Portland  newspaper,  the  Weekly  Ore'joman,  was  started  by  Thomas  J.  Dryer. 
In  March  1851  the  steamship  Columbia  began  running  regularly  between  S. 
F.  and  Portland,  with  the  monthly  mails.  The  Columbia,  after  running  on 
this  line  for  ten  years,  was  burned  in  the  China  seas.  In  1853  the  first  brick 
building  -was  erected  by  William  S.  Ladd.  In  1865  there  were  four  churches, 
one  public  school,  one  academy,  four  printing-offices,  four  steam,  saw-mills, 
a  steam  flouring  mill,  and  about  forty  dry-goods  and  grocery  stores,  the  cash 
value  of  the  real  and  personal  property  of  the  town  being  not  much  short  of 
two  and  a  half  millions. 

In  1850  the  city  government  took  the  volunteer  fire-companies  in  charge 
and  purchased  an  engine.  Pioneer  Engine  Company  No.  1  of  Portland,  the 
first  organized  fire-company  in  Oregon,  was  formed  in  May  1851.  Its  foreman 
was  Thomas  J.  Dryer  of  the  Ore;/onian,  assistant  foreman  D.  C.  Coleman, 
secretary  J.  B.  Meer,  treasurer  William  Seton  Ogden.  Among  the  members 
were  some  of  Portland's  most  honored  citizens,  but  they  had  no  engine. 
Vigilance  Hook  and  Ladder  Company  No.  1  was  the  next  organization,  in 


718  COUNTIES  OF  OREGON. 

July  1853;  foreman  J.  B.  Smith,  assistant  foreman  H.  W.  Davis,  secretary 
Charles  A.  Poore,  treasurer  S.  J.  McCormick.  In  August  of  the  same  year 
Willamette  Engine  Company  No.  1  was  organized,  and  secured  a  small  engine 
owned  by  G.  W.  Vaughn.  The  company  was  officered  by  foreman  N.  Ham, 
assistant  foreman  David  Monastes,  second  assistant  A.  Strong,  secretary  A. 
M.  Berry,  treasurer  Charles  E.  Williams.  It  was  admitted  to  the  depart 
ment  in  July  1854,  and  furnished  with  an  engine  worked  by  hand,  provided 
by  the  city  council  in  1856,  since  replaced  by  a  steam  apparatus.  Multno- 
inah  Engine  Company  No.  2  was  admitted  to  the  department  in  November 
1856,  using  Vaughn's  small  engine  for  a  year,  when  they  were  supplied  with 
a  Hunneman  engine,  the  money  being  raised  by  subscription.  Its  first  officers 
were  James  A.  Smith  president,  B.  L.  Norden  secretary,  W.  J.  Van  Schuy  ver 
treasurer,  William  Cummings  foreman.  These  three  companies  composed  the 
fire  department  of  Portland  down  to  June  1859,  when  Columbia  Engine  Com 
pany  No.  3  was  organized.  In  October  1862  Protection  Engine  Company  No. 
4  was  added;  and  in  1873  Tiger  Engine  Company  No.  5.  A  company  of  exempt 
firemen  also  exists,  having  a  fund  from  which  benefits  are  drawn  for  the  relief 
of  firemen  disabled  in  the  discharge  of  their  duty.  Portland  has  suffered 
several  heavy  losses  by  fire,  the  greatest  being  in  August  1873,  when  250 
houses  were  burned,  worth  $1,000,000.  This  conflagration  followed  close  upon 
a  previous  one  in  December  1872,  destroying  property  worth  $250,000.  The 
Portland  fire  department  in  1879  numbered  375  members,  composed  of  respect 
able  mechanics,  tradesmen,  merchants,  and  professional  men.  Each  of  the  six 
companies  had  a  handsome  brick  engine-house  and  hall.  A  dozen  alarm-sta 
tions  were  connected  by  telegraph  with  the  great  bell  in  a  tower  seventy  feet 
in  height.  In  1881  steps  were  taken  to  secure  a  paid  fire  department,  which 
was  established  soon  after.  Water-works  for  supplying  the  town  with  water 
for  domestic  purposes  were  begun  in  this  year  by  Stephen  Coffin  and  Robert 
Penland,  under  a  city  ordinance  permitting  pipes  to  be  put  down  in  the 
streets.  The  right  was  sold  to  Henry  D.  Green  in  1860.  In  1868  there 
were  eight  miles  of  mains  laid,  and  two  reservoirs  constructed.  The  price  of 
water  at  this  date  was  $2.50  a  month  for  the  use  of  an  ordinary  family.  A 
charter  was  granted  to  Green  to  manufacture  gas  for  illuminating  Portland, 
by  the  legislature  of  1858-9,  the  manufactory  being  completed  about  the 
spring  of  1860.  Laws  Or.,  1858-9,  55;  Or.  Aryus,  Sept.  24,  1859;  Oregonian, 
Jan.  21,  1860.  Price  of  gas  in  1868,  $6  per  1,000  feet. 

The  first  theatre  erected  in  Oregon  was  built  by  C.  P.  Stewart  at  Portland 
in  1858.  It  was  100  feet  long  by  36  wide,  and  seated  600  persons.  It  opened 
November  23d  with  a  good  company,  but  was  never  permanently  occupied. 
Or.  Statesman,  Nov.  30,  1858.  In  1864  theatricals  were  again  attempted,  the 
Keene  company  and  Julia  Deane  Hayne  playing  here  for  a  short  season.  In 
1868  a  theatre  was  opened,  called  the  Newmarket,  and  used  for  any  musical  or 
theatrical  performance;  but  down  to  1884  no  special  theatre  building  was 
erected,  or  theatrical  representations  kept  going  for  more  than  a  few  weeks  in 
the  year.  Portland,  besides  lacking  the  population,  was  domestic  and  home- 
loving  in  its  habits,  and  also  somewhat  religious  in  the  middle  classes,  pre 
ferring  to  build  churches  rather  than  theatres.  The  population  at  this  time 
was  but  1,750,  there  being  but  927  voters  in  Multnomah  county.  In  1860  the 
population  had  increased  to  nearly  3,000;  in  1862  to  a  little  over  4,000;  in  1864 
to  5,819,  and  in  1877  to  6,717.  In  1870  the  census  returns  gave  8,300.  Since 
that  time  the  increase  has  been  little  more  marked,  the  census  of  1880  giving  the 
population  at  17,600,  to  which  the  five  years  following  added  at  least  5,000. 
The  original  limits  were  increased,  by  the  addition  of  Couch's  claim  on  the 
north  and  Caruthers*  claim  on  the  south,  to  about  three  square  miles,  most 
of  which  is  laid  out,  with  graded,  planked,  or  paved  streets.  One  line  of 
street-cars,  put  in  operation  in  1868,  traversed  First  Street,  parallel  with  the 
river-front,  and  one,  incorporated  in  1881,  ran  back  to  and  on  Eleventh  Street. 
The  general  style  of  domestic  architecture  had  improved  rapidly  with  the 
increase  of  wealth  and  population,  and  Portland  business  houses  became  costly 
and  elegant.  The  gross  cash  value  of  property  in  Portland  in  1868  was  about 


MULTNOMAH  AND  PORTLAND.  719 

ten  millions,  and  in  1884  was  not  far  from  eighteen  millions.  Deady,  in  Over 
land  Monthly,  i.  38;  Reid's  Progress  of  Portland,  23.  The  principal  public 
building  in  Portland  in  1868  was  the  county  court-house  on  Fourth  S  tv>eet, 
which  cost  about  $100,000,  built  of  brick  and  stone  in  1866.  The  United 
States  erected  the  post-office  and  custom-house  building  on  Fifth  Street,  of 
Bellingham  Bay  freestone,  in  1869-70,  at  a  cost,  with  the  furniture,  of  $450,- 
000.  The  methodist  church  on  Taylor  Street  was  finished  in  1869— the  first 
brick  church  in  the  city — costing  $40,000.  The  Masonic  Hall  and  Odd  Fel 
lows'  Temple  were  erected  about  this  time,  and  the  market  and  theatre  on 
First  Street.  From  this  period  the  improvement  in  architecture,  both  do 
mestic  and  for  business  purposes,  was  rapid,  and  the  laying-out  and  paving  or 
planking  of  streets  proceeded  at  the  rate  of  several  miles  annually.  A 
million  dollars  was  expended  in  enlarging  the  gas  and  water  works  between 
1868  and  1878.  A  mile  and  a  quarter  of  substantial  wharves  were  added  to 
the  city  front,  and  a  number  of  private  residences,  costing  from  $20,000  to 
$30,000,  were  erected.  Since  1877  these  fine  houses  have  multiplied,  that  of 
United  States  Senator  Dolph  and  ex-United  States  Attorney-general  Williams 
being  of  great  elegance,  though  built  of  wood.  The  squares  in  Portland  be 
ing  small,  several  of  the  rich  men  took  whole  blocks  to  themselves,  which, 
being  laid  out  in  lawns,  greatly  beautified  the  appearance  of  the  town. 

Among  the  prominent  business  men  of  Portland,  who  have  not  been  hith 
erto  named,  I  may  mention  Donald  Macleay,  who  was  born  in  Scotland  in 
1834,  and  when  a  young  man  went  to  Canada,  where  he  engaged  in  business 
at  Richmond,  in  the  province  of  Quebec.  From  there  he  came  to  Portland  in 
1866,  going  into  a  wholesale  grocery  trade  with  William  Corbittof  San  Fran 
cisco,  and  carrying  on  an  importing  and  exporting  business.  In  1869  his 
brother,  Kenneth  Macleay,  was  admitted  to  the  firm,  which  does  a  large  ex 
port  trade,  and  has  correspondents  in  all  the  great  commercial  cities.  This 
firm  made  the  first  direct  shipment  of  salmon  to  Liverpool,  and  is  interested 
at  present  in  salmon-canning  on  the  Columbia.  It  has  exported  wheat  since 
1869-70,  and  more  recently  flour  also,  being  the  first  firm  to  engage  in  the 
regular  shipment  of  wheat  and  flour  to  London  and  Liverpool.  In  1872-4 
it  purchased  several  ships,  which  were  placed  in  the  trade  with  China,  Aus 
tralia,  and  the  Sandwich  Islands.  One  of  these,  the  Mattie  Macleay,  was 
named  after  a  daughter  of  D.  Macleay.  Since  his  advent  in  Portland,  Macleay 
has  been  identified  with  all  enterprises  tending  to  develop  the  country.  He 
is  one  of  the  directors  of  the  Cal.  &  Or.  R.  R.,  and  has  been  vice-president; 
and  has  been  vice-president  of  the  N.  W.  Trading  Co.  of  Alaska,  in  which  he 
is  a  stockholder,  a  director  in  the  Southern  Or.  Development  Co. ;  local  presi 
dent  of  the  Or.  &  Wash.  Mortgage  Savings  Bank  of  Scotland,  which  brought 
much  foreign  capital  to  the  country;  and  trustee  of  the  Dundee  Trust  Invest 
ment  Co.  of  Scotland,  representing  a  large  amount  of  capital  in  Oregon  and 
Washington.  For  several  terms  he  has  been  president  of  the  board  of  trade, 
and  at  the  same  time  has  not  been  excused  from  the  presidency  of  the  Arling 
ton  Club,  or  the  British  Benevolent  and  St  Andrews  societies.  Few  men 
have  discharged  so  many  and  onerous  official  duties. 

Richard  B.  Knapp  was  born  in  Ohio  in  1839,  where  he  resided  until  1858, 
when  he  went  to  Wisconsin,  from  which  state  he  came  to  Oregon  the  follow 
ing  year.  In  1860  his  brother,  J.  B.  Knapp,  together  with  M.  S.  Burrell, 
founded  the  house  of  Knapp  &  Burrell,  dealers  in  hardware  and  agricultural 
implements,  to  which  he  was  admitted  in  1862,  and  from  which  his  brother 
retired  in  1870.  This  house  was  the  first  to  engage  in  the  trade  in  agricultu 
ral  machinery,  for  a  long  time  the  only  one,  and  is  still  the  most  important 
in  the  north-west.  It  has  done  much  to  develop  the  farming  interest  of 
eastern  Oregon  and  Washington,  and  recently  of  British  Columbia. 

Although  Portland  is  112  miles  from  the  sea,  and  twelve  above  the  junc 
tion  of  the  Willamette  with  the  Columbia,  it  was  made  a  port  of  entry  for  the 
district  of  the  Willamette.  In  1848,  when  the  territory  was  established, 
congress  declared  a  collection  district,  with  a  port  of  entry  at  Astoria,  the 
president  to  name  two  ports  of  delivery  in  the  territory,  one  to  be  on  Puget 


720  COUNTIES  OF  OREGON. 

Sound.  Nisqually  and  Portland  were  made  ports  of  delivery  by  proclamation 
January  10,  1850,  and  surveyors  of  customs  appointed  at  $1,000  per  year. 
About  the  time  when  there  had  begun  to  be  some  use  for  the  office  it  was 
discontinued,  1861,  and  foreign  goods  were  landed  at  Portland  in  charge  of 
an  officer  from  Astoria.  But  in  July  1864  an  act  was  approved  again  making 
Portland  a  port  of  delivery,  U.  8.  Acts,  1863-4,  353,  in  answer  to  numerous 
petitions  for  a  port  of  entry,  a  great  deal  of  circumlocution  being  required  to 
deliver  goods  to  the  importer,  whether  in  foreign  or  American  bottoms.  Beady, 
in  S.  F.  Bulletin,  July  6,  1864.  The  legislature  of  1864,  by  resolution,  still 
insisted  on  having  a  port  of  entry  at  Portland;  and  again,  by  resolution,  in 
1866  declared  the  necessity  of  a  bonded  warehouse,  suggesting  that  the  gov 
ernment  erect  a  building  for  the  storage  of  goods  in  bond,  and  for  the  use  of 
the  federal  courts  and  post-office.  Such  an  appropriation  was  made  in  1868, 
and  the  bonded  warehouse  erected  in  1869-70,  in  which  latter  year  Portland 
was  the  port  of  entry  of  Willamette  collection  district.  Cong.  Globe,  1869-70, 
ap.  664-5.  Later  steam-vessels  for  Portland  entered  at  Astoria  (Oregon  dis 
trict)  and  cleared  from  there  to  Portland  (Willamette  district).  Outward 
bound  they  cleared  at  Portland,  entering  and  clearing  again  at  Astoria, 
some  sailing  vessels  doing  the  same.  The  harbor  is  safe  though  small,  the 
channel  requiring  the  constant  use  of  a  dredger.  Pilotage  to  Portland  and 
insurance  were  high,  drawbacks  which  it  was  believed  would  be  overcome  by 
the  application  to  river  improvements  of  a  hoped-for  congressional  appropria 
tion.  A  comparison  of  the  exports  and  imports  of  the  two  districts  are  thus 
given  in  Farrish's  Commercial  and  Financial  Revieiv  for  1877,  20-4.  Foreign 
exports  cleared  from  Portland  to  the  value  of  $3,990,387;  from  Astoria, 
$2,451,357.  Foreign  imports  entered  at  Portland,  §461,248;  entered  at  As 
toria,  $27,544.  The  number  of  coastwise  vessels  entered  at  Portland  in  this 
year  was  177,  with  an  aggregate  tonnage  of  188,984.  The  clearances  coast 
wise  were  114,  with  a  tonnage  of  125,190.  The  number  of  foreign  vessels 
entering  was  37,  with  a  total  tonnage  of  12,139.  Most  if  not  all,  of  these 
vessels  loaded  with  wheat  and  salmon  for  English  ports.  About  an  -equal 
number  of  American  vessels  for  foreign  ports  loaded  with  wheat  and  fish. 
The  wheat  was  taken  on  at  Portland  and  the  salmon  at  Astoria.  At  the  close 
of  1878  the  wholesale  trade  of  three  firms  alone  exceeded  nine  million  dollars. 
Eight  ocean  steamers,  sixty  river  steamers,  three  railroads,  and  a  hundred 
foreign  vessels  were  employed  in  the  commerce  of  the  state  which  centred  at 
Portland,  together  with  that  of  eastern  Washington  and  Idaho.  The  year's 
exports  from  the  city  amounted  to  $13,983,650.  The  value  of  real  estate  sales 
in  the  city  wei^e  nearly  a  million  and  a  half,  with  a  population  of  less  than 
eighteen  thousand. 

There  were  in  1878  twenty  schools,  public  and  private,  sixteen  churches, 
thirty-five  lodges  or  secret  organizations,  fifteen  newspaper  publications,  three 
public  and  private  hospitals,  a  public  library,  a  gymnasium,  a  theatre,  market, 
and  four  public  school  buildings.  I  have  spoken  fully  of  the  Portland  schools 
in  another  place.  Of  societies  and  orders  for  benevolent  and  other  purposes, 
Portland  in  particular  and  all  the  chief  towns  in  general  have  a  large  number. 
Of  different  Masonic  lodges,  there  are  the  Multnomah  Council  of  Kadosh,  30th 
Degree,  No.  1;  Ainsworth  Chapter  of  Rose  Croix,  18th  degree,  No.  1;  Oregon 
Lodge  of  Perfection,  14th  degree,  No.  1;  Oregon  Commandcry  No.  1;  Grand 
Chapter;  Portland  Royal  Arch  Chapter,  No.  3;  Grand  Lodge;  Willamette 
Lodge  No.  2,  Harmony  Lodge  No.  12;  Portland  Lodge  No.  55;  Masonic 
Board  of  Relief;  Washington  Lodge  No.  46,  East  Portland.  The  Masons 
have  a  fine  building  on  Third  Street.  The  Grand  Lodge  of  Odd  Fellows  meets 
annually  at  Portland  in  the  Odd  Fellows'  Temple,  a  handsome  edifice  on  First 
Street.  Ellison  Encampment  No.  1,  Samaritan  Lodge  No.  2,  Hassalo  Lodge 
No.  15,  Minerva  Lodge  No.  19,  Orient  Lodge  No.  17,  all  have  their  home  in 
Portland.  The  Improved  Order  of  Red  Men  have  three  tribes,  Multnomah 
No.  3,  Oneonta  No.  4,  Willamette  No.  6.  The  Great  Council  meets  where  it 
is  appointed.  The  Good  Templars  have  three  lodges,  Multnomah  No.  12, 
Nonpareil  No.  86,  Portland  Lodge  No.  102,  and  a  Grand  Lodge  of  Deputies. 


CITY  OF  PORTLAND.  721 

The  Knights  of  Pythias  have  two  lodges,  Excelsior  No.  1  and  Mystic  No.  2. 
The  First  Hebrew  Benevolent  Association  of  Portland  and  Independent  Order 
of  B'nai  B'rith  represent  the  benevolence  of  the  Jewish  citizens;  the  Hibernian 
Benevolent  Association  and  United  Irishmen's  Benevolent  Association,  the 
Irish  population;  St  Andrews  Society,  the  Scotch;  the  Scandinavian  Society, 
the  north  of  Europe  people;  the  British  Benevolent  Society,  the  English  resi 
dents;  the  German  Benevolent  Society,  the  immigrants  from  Germany— each 
for  the  relief  of  its  own  sick  and  destitute. 

St  Vincent  de  Paul  Society  relieves  the  needy  of  the  catholic  church. 
The  Ladies'  Relief  Society  sustains  a  home  or  temporary  shelter  for  destitute 
women  and  children;  the  ladies  of  the  protestant  Episcopal  church  support 
the  orphanage  and  Good  Samaritan  Hospital;  and  a  General  Relief  Society 
gives  assistance  to  whoever  is  found  otherwise  unprovided  for.  Of  military 
organizations,  there  were  the  City  Rifles,  Washington  Guard,  and  Emmet 
Guard.  Of  miscellaneous  organizations,  there  were  the  Grand  Army  of  the  Re 
public,  the  Multnomah  County  Medical  Society,  the  Ladies'  Guild  of  the  Epis 
copal  Church,  German- American  Rifle  Club,  Portland  Turn  Verein,  Father 
Matthew  Society,  Olympic  Club,  Oregon  Bible  Society,  Workingmen's  Club, 
Young  Men's  Catholic  Association,  Alpha  Literary  Society,  and  Althean  Lit 
erary  Society. 

Between  1878  and  1882  two  public  schools  were  added,  a  mariners'  home, 
a  new  presbyterian  church,  a  pavilion  for  the  exhibition  of  the  industrial  arts 
and  state  products,  beside  many  semi-public  buildings  and  private  edifices. 
Nearly  three  million  dollars  were  expended  in  1882  in  the  erection  of  resi 
dence  and  business  houses;  and  about  four  millions  in  1883  upon  city  improve 
ments  of  every  kind.  The  wholesale  trade  of  Portland  for  1882  reached 
forty  millions,  inceasing  in  1S83  to  about  fifty  millions.  Much  of  this  busi 
ness  was  the  result  of  railroad  construction  and  the  sudden  development  of 
eastern  Oregon  and  Washington,  all  the  supplies  for  which  were  handled  at 
Portland.  The  opening  of  the  Northern  Pacific  in  the  autumn  of  1883 
began  to  tell  upon  the  rather  phenomenal  prosperity  of  Portland  from  1873  to 
1883,  much  of  the  wholesale  trade  of  the  upper  country  being  transferred 
to  the  east.  The  improvements  made  by  the  Oregon  Railway  and  Navigation 
Company  have,  however,  been  of  much  permanent  benefit  to  Portland,  one  of 
the  most  important  being  the  dry-dock,  over  400  feet  long,  over  100  feet  wide, 
and  50  feet  deep,  for  the  construction  and  repair  of  sea-going  vessels.  It 
was  found  after  completion  that  the  bottom  rested  upon  quicksand,  which 
necessitated  expensive  alterations  and  repairs.  The  filling  up  of  low  ground 
and  covering  it  with  substantial  machine-shops,  warehouses,  car  manufactories, 
and  depot  buildings  added  not  only  to  the  appearance  but  the  healthfuluess 
of  the  environs  of  the  city. 

The  suburbs  of  Portland  are  pleasant,  the  drives  north  and  south  of  the 
city  affording  charming  glimpses  of  the  silvery  Willamette  with  its  woody 
islands  and  marginal  groups  of  graceful  oaks.  Back  of  the  city,  lying  on  a 
hillside,  with  a  magnificent  view  of  the  town,  the  river,  and  five  snowy 
peaks,  is  the  gjreat  park  of  the  city,  long  remaining  for  the  most  part  in  a  state 
of  nature,  and  all  the  more  intepesting  for  that.  A  few  miles  south  on  the 
river  road  was  placed  the  cemetery,  a  beautiful  situation  overlooking  the  river, 
with  a  handsome  chapel  and  receiving- vault.  The  ground  was  purchased 
and  laid  off  about  1880.  Previous  to  this,  the  burial-ground  of  Portland  had 
been  on  the  east  side  of  the  river,  and  inconvenient  of  access. 

East  Portland,  built  upon  the  land  claim  of  James  Stevens,  who  settled 
there  in  1844,  had  in  1884  a  population  of  about  1,800.  It  was  incorporated 
in  1870.  East  Portland  was  connected  with  Portland  by  a  steam-ferry  in 
1868.  A  drawbridge  completed  the  union  of  the  two  towns,  which  were  made 
practically  one.  Several  additions  were  made  to  Eatt  Portland.  About  the 
time  of  its  incorporation,  Ben  Holladay  bought  a  claim  belonging  to  Wheeler 
on  the  north  end,  and  laid  it  out  in  lots.  McMillan  also  laid  off  his  claim  north 
of  Holladay.  Sullivan  and  Tibbets  laid  out  a  town,  called  Brooklyn,  on  the 
south.  Albina  is  a  manufacturing  town  north  of  McMillan. 's  addition,  and 
HIST.  OB.,  Vox*  II.  4S 


722  COUNTIES  OF  OREGON. 

was  founded  about  1869  by  Edwin  Russell,  proprietor  of  the  iron -works  at 
that  place,  who  failed,  and  left  it  just  in  time  for  other  men  to  make  fortunes 
out  of  it. 

Sellwood,  named  after  the  episcopalian  ministers  of  that  name,  was  laid 
off  in  1882,  during  the  land  speculation  consequent  upon  railroad  building. 
St  John,  six  miles  below  East  Portland,  is  an  old  settlement,  with  a  few  man 
ufactories.  Troutdale,  six  miles  east  of  Portland,  Mount  Tabor,  Powell 
Valley,  Arthur,  Leader,  Pleasant  Home,  Rooster  Rock,  and  Willamette 
Slough  are  the  lesser  settlements  of  Multnomah  county. 

Polk  county,  named  after  James  K.  Polk,  was  organized  as  a  district  De 
cember  22,  1845,  and  comprised  the  whole  of  the  territory  lying  south  of 
Yamhill  district  and  west  of  a  supposed  line  drawn  from  the  mouth  of  Yam- 
hill  River  to  the  42d  parallel.  Its  southern  boundary  was  established  in  1847, 
and  its  western  in  1853,  when  the  counties  of  Benton  and  Tillamook  were 
created.  Its  present  area  is  about  650  square  miles,  of  which  over  167,000 
acres  are  improved.  The  valuation  put  upon  its  farms  and  improvements  is 
over  four  and  a  half  millions,  its  live-stock  in  1884  was  valued  at  $600,000, 
and  its  farm  products  at  $1,200,000.  The  real  and  personal  property  of  the 
county  was  assessed  at  a  little  ohort  of  two  millions.  Population,  7,000. 
Dallas,  on  the  La  Creole  River,  wras  named  after  the  vice-president.  It  was 
made  the  county  seat  in  1850-1,  and  incorporated  in  1874.  An  act  was 
passed  for  the  relocation  of  the  county  seat  in  1876,  but  Dallas  was  again 
chosen  by  the  popular  vote  of  the  county.  It  is  a  prettily  located  town  of 
700  inhabitants,  with  a  good  water-power,  several  manufactories,  and  a  private 
academy.  Independence,  situated  on  the  Willamette  River,  was  incorporated 
in  1874,  has  a  population  of  700,  and  is  a  thriving  place.  Monmouth,  the  seat 
of  the  Christian  college,  is  a  flourishing  town  of  300  inhabitants  in  a  populous 
precinct.  It  was  founded  by  S.  S.  Whitman,  T.  H.  Lucas,  A.  W.  Lucas,  J. 
B.  Smith,  and  Elijah  Davidson,  for  a  university  town.  It  was  incorporated 
in  1859.  Buena  Vista,  on  the  Willamette,  had  a  population  of  two  or  three 
hundred.  In  it  was  the  chief  pottery  in  Oregon.  It  was  incorporated  in 
1876.  Bethel,  Luckiamute,  Eola,  founded  in  1851  by  William  Durand, 
Grand  Rond,  Elk  Horn,  Brooks,  Lincoln,  Lewisville,  Ballston,  Crowley, 
McCoy,  Parker,  Perrydale,  Zena,  and  Dixie,  are  the  lesser  towrns  and  settle 
ments  of  Polk  county.  The  culture  of  hops  in  this  county  assumed  consider 
able  importance.  t 

Tillamook  county,  the  Indian  appellation  given  to  the  bay  and  river  by 
Lewis  and  Clarke,  was  created  out  of  Clatsop,  Yamhill,  and  Polk  counties, 
December  15,  1853.  It  contains  nearly  1,600  square  miles.  Lumbering  and 
dairying  are  the  chief  industries,  and  little  farming  is  carried  on.  The  value 
of  improvements  of  this  kind  is  between  four  and  live  hundred  thousand  dol 
lars.  The  valuation  of  real  and  personal  property  in  the  county  amounts  to 
less  than  $100,000.  The  county  seat  is  Tillamook,  at  the  head  of  the  bay. 
The  whole  white  population  of  the  county  is  less  than  a  thousand,  including 
the  towns  of  Nestockton,  Kilchis,  Garabaldi,  and  Nehalem.  The  Siletz 
Indian  reservation  is  in  the  southern  end  of  the  county. 

Umatilla  county,  the  aboriginal  name,  was  organized  September  27,  1862, 
out  of  that  portion  of  Wasco  county  lying  between  Willow  Creek  on  the  west 
and  the  summit  of  the  Blue  Mountains  on  the  east,  and  between  the  Columbia 
on  the  north  and  the  ridge  dividing  the  John  Day  country  from  the  great 
basin  south  of  it.  Its  boundaries  have  since  been  made  more  regular,  and  its 
present  area  is  6,500  square  miles.  There  are  over  144,000  acres  of  improved 
land  in  the  county,  valued,  with  the  buildings  and  fences,  at  over  two  and  a 
half  million  dollars,  the  farm  products  a  little  less  than  a  million,  and  the 
live-stock  at  $1 ,800,000.  The  assessed  valuation  of  real  and  personal  property 
in  the  county  is  $2,094,000.  Population  in  1884,  10,000.  Pendleton,  the 
county  seat,  named  after  George  H.  Pendleton,  was  founded  in  1868  by  com 
missioners  appointed  for  the  purpose,  and  incorporated  October  23,  1880.  It 
is  situated  on  the  Umatilla  River,  in  the  midst  of  a  beautiful  country,  and 
on  the  edge  of  the  reservation  of  the  Umatillas,  with  whom,  as  well  as 


UMATILLA  AND  UNION".  723 

with  the  country  about,  it  enjoys  a  good  trade.  The  population  is  about 
1,000.  Umatilla  City,  settled  in  1862,  was  first  called  Cain's  landing,  then 
Columbia,  and  finally  incorporated  as  Umatilla  in  1864.  It  was  the  place  of 
transfer  for  a  large  amount  of  merchandise  and  travel  destined  to  the  Boise" 
and  Owyhee  mines,  as  well  as  the  most  eastern  mining  districts  of  Oregon, 
and  carried  on  an  active  business  for  a  number  of  years.  It  became  the 
county  seat  in  1865,  by  special  election.  The  establishment  of  Pendleton  in 
a  more  central  location,  and  the  withdrawal  of  trade  consequent  on  the 
failure  of  the  mines,  deprived  Umatilla  of  its  population,  which  was  re 
duced  to  150,  and  caused  the  county  seat  to  be  removed  to  Pendleton. 
Weston,  on  Pine  Creek,  a  branch  of  the  Walla  Walla  River,  was  named  after 
Weston,  Missouri,  and  incorporated  in  1878.  It  is  purely  an  agricultural 
town,  with  three  or  four  hundred  inhabitants,  beautifully  situated,  and  pros 
perous.  The  minor  towns  and  settlements  are  Meadowville,  Milton,  Heppner, 
Pilot  Hock,  Centreville,  Midway,  Lena,  Butter  Creek,  Agency,  Cayuse,  Cold 
Spring,  Echo,  Hardmann,  Hawthorne,  Helix,  Moorhouse,  Pettysville,  Purdy, 
and  Snipe. 

Union  county,  so  named  by  unionists  in  politics,  was  created  October  14, 
1SG4,  to  meet  the  requirements  of  a  rapidly  accumulating  mining  population, 
La  Grande,  upon  the  petition  of  500  citizens,  being  named  in  the  act  as  the 
county  seat  until  an  election  could  be  had.  It  occupies  the  extreme  north 
east  corner  of  the  state,  touching  Washington  and  Idaho.  Its  area  embraces 
5,400  square  miles,  of  which  about  95,000  acres  are  improved,  the  farms  and 
buildings  being  valued  atone  and  a  half  millions;  the  live-stock  of  the  county 
at  $1,029,000,  and  the  farm  products  at  $432,000.  The  valuation  of  real  and 
personal  property  for  the  tenth  census  was  given  at  considerably  over  a  million 
and  a  quarter.  The  population  was  about  7,000.  The  chief  industries  are 
stock-raising,  sheep-farming,  and  dairying.  Union  City  was  founded  in  the 
autumn  of  1862,  by  the  immigration  of  that  year,  at  the  east  end  of  Grand 
Ilond  Valley,  in  a  rich  agricultural  region.  It  was  chosen  for  the  county 
seat  in  1873,  by  a  vote  of  the  people,  and  incorporated  in  1878.  Its  popula 
tion  is  eight  hundred,  and  rapidly  increasing.  D.  S.  Baker  and  A.  H.  Rey 
nolds  of  Walla  Walla  erected  a  flouring  mill  at  Union  in  1864,  the  first  in 
Grand  Rond  Valley.  La  Grande  was  founded  in  October  of  1861  by  Daniel 
Chr.plin,  the  first  settler  in  the  valley.  It  took  its  name  from  reminiscences 
of  the  French  voyageurs,  la  grande  valle'e,  a  term  often  applied  to  the  Grand 
Rond  Valley.  The  town  was  made  the  temporary  seat  of  Union  county  by 
act  of  the  legislature  in  1864,  and  incorporated  in  1865.  A  land-office  was 
established  here  in  1867,  for  the  sale  of  state  lands,  Chaplin  being  appointed 
receiver.  In  1872  this  district  was  made  identical  with  the  U.  S.  land  district 
of  La  Grande.  La  Grande  is  also  the  seat  of  the  Blue  Mountain  University. 
The  population  is  600.  Sparta,  Oro  Dell,  Island  City,  Cove,  and  Summer- 
ville  tire  the  lesser  towns  of  Grand  Rond  Valley;  and  Lostine,  Joseph,  and 
Alder  of  Wallowa  Valley.  Elk  Flat,  Keating,  New  Bridge,  Pine  Valley, 
Prairie  creek,  and  Slater  are  the  other  settlements. 

Among  the  residents  of  Union  county  who  have  furnished  me  a  dictation 
is  James  Quincy  Shirley,  who  was  born  in  Hillborough,  N.  H.,  in  1829,  and  edu 
cated  in  New  London.  He  came  to  California  in  1849,  by  sea,  and  mined  at 
Beal's  Bar  on  American  River.  He  was  in  the  neighborhood  of  Downieville 
2  years,  trading  in  cattle,  which  he  bought  cheap  at  the  old  missions,  and  sold 
high  to  the  miners.  He  remained  in  the  business  in  different  parts  of  the  state 
until  1862,  when  he  started  with  a  pack-train  of  goods  for  Idaho,  bat  had 
everything  taken  from  him  by  Indians,  near  Warner  Lake,  from  which  point 
he  escaped  on  foot  to  Powder  River  with  his  party,  and  went  to  the  Florence 
mines.  From  Idaho  he  went  to  Portland,  and  by  the  aid  of  a  friend  secured 
employment  under  the  government,  but  left  the  place  and  cut  and  sold  hay 
in  Nevada  the  following  year,  getting  $25  and  $30  per  ton  at  Aurora.  In  1864 
he  again  purchased  cattle,  at  $2.50  per  head,  driving  them  to  Montana,  where 
they  sold  for  $14.  Horses  for  which  he  paid  $14  sold  for  from  $30  to  $80.  This 
being  a  good  profit,  he  repeated  the  trade  the  following  year,  driving  his 


•724  COUNTIES  OF  OREGON. 

Btock  through  Nevada,  and  purchasing  old  Fort  Hall,  which  he  resold  to  the 
government  3  years  afterward.  In  1809  he  settled  in  Raft  River  Valley, 
Idaho,  where  he  had  a  horse  and  cattle  rancho.  In  the  autumn  he  shipped 
the  first  cattle  ever  carried  on  the  Central  Pacific  railroad  from  Humboldt 
House  to  Niles,  Cal.  He  continued  in  this  trade  for  several  years  longer, 
and  in  1883  sold  out  his  stock  and  land  at  Raft  River  for  $100,000,  bought 
10,000  sheep  and  placed  them  on  a  range  in  Utah.  After  looking  over  new 
and  old  Mexico  for  land,  he  finally  settled  in  Union  co.,  Oregon,  where  he 
raises  grain,  and  buys  and  sells  cattle,  an  example  of  what  can  be  done  if  the 
man  knows  how  to  do  it.  His  real  property  lies  in  4  different  states  and  ter 
ritories,  and  he  has  $100,000  in  live-stock. 

Wasco  county,  named  after  an  Indian  tribe  inhabiting  about  the  dalles  of 
the  Columbia,  was  organized  January  11,  1854,  comprising  under  the  act 
creating  it  the  whole  of  eastern  Oregon,  these  boundaries  being  reduced 
from  time  to  time  by  its  division  into  other  counties.  Its  area  is  6,250  square 
miles,  of  which  about  80,000  acres  are  improved,  valued  at  $1,700,000.  The 
products  of  farms  were  valued  at  a  little  less  than  half  a  million  for  1879, 
while  the  live-stock  of  the  county  was  assessed  at  not  quite  two  millions. 
The  gross  valuation  of  all  property  in  1881-2  was  set  down  at  about  four  and 
a  half  millions,  and  of  taxable  property  $3,220,000.  The  population  of  the 
county  at  the  tenth  census  was  not  much  over  11,000.  Wasco  county  pos 
sesses  a  great  diversity  of  soil,  climate,  and  topography.  There  is  a  large 
extent  of  excellent  wheat  land,  and  an  equal  or  greater  amount  of  superior 
grazing  land.  More  sheep  and  horses  were  raised  in  Wasco  than  in  any  other 
county,  while  only  Baker  exceeded  it  in  the  number  of  horned  cattle.  The 
Dalles  is  the  county  seat  of  Wasco.  Its  name  was  first  given  it  by  the 
Hudson's  Bay  Company,  whose  French  servants  used  a  nearly  obsolete  word 
of  their  language— dalle,  trough  or  gutter — to  describe  the  channel  of  the 
Columbia  at  this  place.  By  common  usage  it  became  the  permanent  appella 
tive  for  the  town  which  grew  up  there,  which  for  a  time  attempted  to  add 
'  city  '  to  Dalles,  but  relinquished  it,  since  which  time  '  The  Dalles '  only  13 
used.  To  the  dalles,  which  rendered  a  portage  necessary,  the  town  owes  its 
location.  It  was  founded  by  the  methodist  missionaries  Lee  and  Perkins, 
in  March  1838,  abandoned  in  1847,  taken  possession  of  by  the  U.  S.  military 
authorities,  partially  abandoned  in  1853,  and  settled  upon  as  a  donation 
claim  in  that  year  by  Winsor  D.  Bigelow.  During  the  mining  rush  of  1858- 
65  it  became  a  place  of  importance,  which  position  it  has  continued  to  hold, 
although  for  many  years  under  a  cloud  as  to  titles,  as  related  in  another 
place.  It  was  incorporated  January  26,  1857.  It  was  once  contemplated 
establishing  a  branch  mint  at  The  Dalles  for  the  coinage  of  the  products  of 
the  mines  of  Oregon,  Washington,  Idaho,  and  Montana.  Such  a  bill  was 
passed  by  congress,  and  approved  July  4,  1864.  An  edifice  of  stone  was  par 
tially  erected  for  this  purpose,  but  before  its  completion  the  opening  of  the 
Central  Pacific  railroad  rendered  a  mint  in  Oregon  superfluous,  and  the  build 
ing  was  devoted  to  other  uses.  Down  to  1882  The  Dalles  was  the  transfer 
point  for  passengers  and  freight  moving  up  and  down  the  river,  but  oa 
the  completion  of  the  Oregon  Railway  and  Navigation  Company's  line  from 
various  parts  of  the  upper  country  to  Portland,  a  large  portion  of  the  traffic 
which  formerly  centred  here  was  removed.  Yet,  geographically,  The  Dalles 
remains  a  natural  centre  of  trade  and  transportation,  which,  on  the  comple 
tion  of  the  locks  now  being  constructed  at  the  Cascades,  must  confirm  it  a3 
the  commercial  city  of  eastern  Oregon.  The  Dalles  has  several  times  suffered 
from  extensive  conflagrations.  The  last  great  fire,  in  1879,  destroyed  a  million 
dollars'  worth  of  property.  A  land-office  for  the  district  of  The  Dalles  was 
established  here  in  1875.  The  lesser  towns  and  settlements  in  Wasco  county 
are  Cascade  Locks,  Hood  River,  Celilo,  Spanish  Hollow,  Bake  Oven,  Lang's 
Landing,  Tyghe  Valley,  Des  Chutes,  Mount  Hood,  Warm  Spring  Agency, 
Antelope,  and  Scott.  There  are  a  number  of  other  post-offices  in  Wasco 
county  as  it  was  previous  to  the  division  into  Crook  and  Wasco  in  1882,  which 
I  have  not  put  down  here  because  it  is  doubtful  to  which  county  they  belong. 


WASHINGTON  AND  YAMHILL.  725 

They  are  Alkali,  Blalock,  Clnk,  Cross  Hollows,  Cross  Keys,  Crown  Rock, 
Dufur,  Flcetville,  Fossil,  Grade,  Hay  Creek,  Kingsley.  Lone  Hock,  Lone 
Valley,  Mitchell,  Nansene,  Olex,  Rockville,  Villard,  and  \Valdron. 

Samuel  E.  Brooks,  from  whom  I  have  a  dictation,  and  who  is  a  native  of 
Ohio,  came  to  Oregon  overland,  via  Platte  and  Snake  rivers,  in  1850,  in  com 
pany  with  C.  H.  Haines,  Samuel  Ritchie,  Washington  Ritchie,  S.  B.  Roberts, 
J.  H.  Williams,  his  father  Linn  Brooks,  his  mother  E.  Brooks,  his  brothers 
B.  S.  and  H.  J.  Brooks.  Samuel  settled  at  The  Dalles,  and  married  Annie 
Pentland,  daughter  of  Robert  Pentland,  in  1872.  He  is  among  the  prominent 
men  of  Wasco  county. 

Washington  county  was  established  under  the  name  of  Twality  district, 
the  first  of  the  four  original  political  divisions  of  Oregon,  on  the  5th  of  July, 
]  843,  and  comprised  at  that  time  all  of  the  territory  west  of  Willamette  and 
north  of  Yamhill  rivers,  extending  to  the  Pacific  ocean  on  the  west,  and  as 
far  north  as  the  northern  boundary  line  of  the  United  States,  then  not  deter 
mined.  Its  limits  have  several  times  been  altered  by  the  creation  of  other 
counties,  and  its  name  was  changed  from  Twality  to  Washington  September 
4,  1849.  Its  area  is  682  square  miles,  62,000  acres  of  which  is  improved 
land,  valued  with  the  improvements  at  about  three  and  a  half  million  dollars. 
The  live-stock  of  this  county  is  all  upon  farms,  and  is  assessed  at  a  little  less 
than  four  hundred  thousand.  The  farm  products  of  1879  were  valued  at  over 
§700,000.  The  state  returns  for  1881-2  make  the  gross  valuation  of  all  prop 
erty  ^3,717,000,  and  the  total  of  taxable  property  over  two  and  a  half  millions. 
The  population  is  between  seven  and  eight  thousand.  A  considerable  portion 
of  the  northern  part  of  Washington  county  is  heavily  timbered  and  moun 
tainous,  but  its  plains  are  famed  for  their  productiveness,  and  the  face  of  the 
country  is  beautifully  diversified.  Hillsboro,  founded  by  David  Hill,  one  of 
the  executive  committee  of  Oregon  in  1843,  is  the  county  seat.  It  was  incor 
porated  in  1876.  The  population  is  about  five  hundred.  Forest  Grove,  the 
seat  of  Pacific  University,  has  600  inhabitants.  It  was  founded  by  Harvey 
Clark  in  1849,  and  incorporated  in  1872.  The  U.  S.  Indian  school,  founded 
in  1879,  is  located  at  Forest  Grove.  The  location  of  the  university  town  at 
the  edge  of  the  foot-hills  of  the  Coast  Range,  in  the  midst  of  natural  groves  of 
oak-trees,  gives  an  academic  air  to  the  place,  and  certain  propriety  to  the 
name,  which  will  be  lost  sight  of  in  the  future  should  not  the  forest  beauties 
of  the  place  be  preserved.  The  lesser  towns  are  Cornelius,  Gaston,  Dilley, 
Gale's  Creek,  Cedar  Mill,  Bethany,  Beaverton,  Glencoe,  Greenville,  Ingles, 
Laurel,  Middleton,  Mountain  Dale,  Sch  oil's  Ferry,  Tualatin,  and  West  Union. 

Harley  McDonald,  born  in  Foster,  R.  I.,  in  1825;  came  to  Cal.  in  1849  by 
sea,  and  to  Oregon  the  following  year,  locating  at  Portland.  His  occupation 
was  that  of  architect  and  draughtsman.  He  built  the  steamer  Iloosier,  one  of 
the  first  on  the  upper  Willamette,  in  1851;  the  first  theatre  in  San  Francisco; 
the  first  wharf  and  first  church  in  Portland;  the  first  railroad  station  at  Salem; 
and  is  engaged  by  the  government  to  erect  school-houses  on  the  Indian  reser 
vations.  He  married,  in  1848,  Betsy  M.  Sansom,  and  has  8  children,  one  son 
bein.r?  a  banker.  He  resides  at  Forest  Grove. 

Yamhill  county  was  first  organized  as  one  of  the  first  four  districts,  July  5, 
1843,  and  embraced  all  of  the  Oregon  territory  south  of  Yamhill  River,  and 
west  of  a  supposed  north  and  south  line  extending  from  the  mouth  of  the 
Yamhill  to  the  42d  parallel.  Its  boundaries  were  subsequently  altered  and 
abridged  until  it  contained  a  little  more  than  750  square  miles.  The  amount 
of  improved  land  is  119,000  acres,  valued,  with  the  improvements,  at  §5,518,- 
000.  The  value  of  live-stock  is  over  half  a  million,  and  the  yearly  product  of 
the  farms  is  about  a  million  and  a  half.  The  valuation  of  real  and  personal 
estate  is  in  excess  of  two  and  a  half  millions,  and  the  population  is  8,000.  This 
county  is  famed  for  its  wheat-producing  capacity,  as  well  as  for  its  many  beau- 
ful  features.  Lafayette,  once  county  seat,  is  situated  on  the  Yamhill  River, 
which  is  navigable  to  this  point.  It  was  founded  by  Joel  Perkins  about  1851, 
and  named  by  him  after  Lafayette,  Indiana.  Perkins  was  murdered,  while 
returning  from  California  in  July  1856,  by  John  Malone,  who  hanged  himself 


726  MANUFACTURES. 

in  jail  after  confessing  the  act.  Or.  Statesman,  Aug.  12,  1856;  Deady's  Hivt. 
Or.,  MS.,  78.  It  was  chosen  for  the  seat  of  the  county  in  August  1858.  Its 
court-house,  erected  in  1859  at  a  cost  of  $14,000,  was  the  pride  of  the  county 
at  that  time,  but  its  age  is  now  against  it,  and  it  does  not  do  credit  to  so  rich 
a  county.  The  population  of  Lafayette  is  COO.  The  town  was  incorporated 
in  1878.  McMinnville,  founded  by  William  T.  Newby  in  1854,  was  named 
after  his  native  town  in  Tennessee.  It  is  the  seat  of  the  baptist  college,  ia 
on  the  line  of  the  Oregon  Central  railroad,  and  has  a  population  of  800.  Its 
incorporation  was  in  1872.  Dayton,  founded  by  Joel  Palmer  on  land  pur 
chased  of  Andrew  Smith,  and  named  after  Dayton,  Ohio,  is  a  pretty  town,  on 
the  Yamhill  River,  of  ,300  inhabitants,  and  the  initial  point  of  the  Dayton, 
Sheridan,  and  Grand  Rond  narrow-gauge  railroad.  It  is  a  shipping  point  for 
the  wheat  grown  in  the  county,  which  is  here  transferred  from  the  railroads 
to  steamboats,  and  carried  down  the  Yamhill  and  Willamette  Rivers  to  Port 
land  or  Astoria.  Dayton  has  a  grain  elevator  and  mills.  It  was  incorporated 
in  1880.  Sheridan,  at  the  present  western  terminus  of  the  narrow-gauge 
railroad,  is  a  picturesque  town  of  less  than  200  inhabitants,  named  after 
General  P.  Sheridan,  who  as  a  lieutenant  was  stationed  at  Fort  Yamhill, 
near  here.  It  was  settled  in  1847  by  Absolem  B.  Faulconer,  and  incorporated 
in  1880.  Amity,  founded  in  1850,  is  another  pretty  village,  in  a  fine  agricul 
tural  region,  incorporated  in  1880.  The  minor  settlements  are  Bellevue, 
Carlton,  Ekins,  Ncwburg,  North  Yamhill,  West  Chehalem,  and  Willamina. 

There  was  a  proposition  before  the  legislature  of  1882  to  create  one  or 
more  counties  out  of  Umatilla.  By  a  comparison  of  the  wealth  of  the  several 
counties  of  Oregon,  it  is  found  that  the  amount  per  capita  is  largest  in  Mult- 
nomah,  which  is  a  commercial  county.  The  agricultural  counties  of  the 
Willamette  Valley  rank,  Linn  first,  Yamhill  second,  Lane  third,  and  Marion 
fourth,  Clackamas  ranking  least.  The  coast  and  Columbia-River  counties 
fall  below  the  interior  ones.  In  the  southern  part  of  western  Oregon  there  is 
also  much  less  wealth  than  in  the  Willamette  Valley,  Douglas  county,  how 
ever,  leading  Jackson.  In  eastern  Oregon,  Umatilla  leads  the  other  counties 
in  per  capita  wealth,  Grant,  Union,  Wasco,  Lake,  and  Baker  following  in  the 
order  named.  This  may  be  different  since  the  cutting-off  of  Crook  county, 
which  took  much  of  the  best  portion  of  Wasco.  The  comparative  amount  of 
wheat  raised  in  1880  was  greatest  in  Marion  county,  which  raised  1,060,003 
bushels,  Yamhill,  Umatilla,  Linn,  and  Polk  following  with  nearly  1,000,000 
each.  Clackamas  county  raised  less  than  500  bushels.  But  Clackamas  pro 
duced  $00,000  worth  of  fruit,  being  the  second  fruit  county,  Linn  leading  the 
state.  Lake  raised  almost  none,  Curry,  Clatsop,  and  Tillamook  very  little, 
and  all  the  other  counties  from  $4,000  to  $37,000  worth,  all  but  three,  Baker, 
Grant,  and  Columbia,  producing  over  $10,000  worth,  and  nine  of  them  from  $30,- 
000  to  $57,000  worth.  The  gross  value  of  the  fruit  crop  was  over  $581,003. 
From  this  general  and  comparative  review  of  the  counties  and  towns  of  the 
state,  as  taken  from  the  assessors'  statistics,  to  which  a  large  amount  in  values 
may  safely  be  added,  the  condition  of  the  population  at  large  may  be  gathered, 
especially  as  refers  to  agriculture.  Manufactures  are  considered  under  a 
separate  head. 

MANUFACTURES. 

The  earliest  manufactured  product  of  Oregon  was  lumber.  From  the 
building  of  the  first  mills  for  commercial  purposes,  in  1844,  to  1885,  this  has 
continued  to  be  a  grand  staple  of  the  country.  At  the  last  date  mentioned 
tnere  were  over  228  saw-mills  in  the  state,  costing  over  a  million  and  a  half 
of  dollars,  and  producing  annually  lumber  valued  at  over  two  millions.  It  i 
difficult  to  give  even  approximately  the  percentage  of  acres  of  timbered  land 
that  would  produce  lumber.  Both  sides  of  the  Coast  Range,  the  west  side  of 
the  Cascade  Range,  the  highlands  of  the  Columbia,  and  the  north  end  of  the 
Willamette,  as  well  as  the  bottom-lauds  along  that  river  for  sixty  miles,  are 
heavily  timbered;  while  the  east  side  of  the  Cascades,  the  west  side  of  the 
Blue  Mountains,  and  the  flanks  of  the  cross  ranges  between  the  Willamette, • 


LUMBER  AND  SHIP-BUILDING.  727 

Umpqua,  and  Rogue  River  valleys  are  scarcely  less  densely  covered  with 
forest.  See  Review  Board  of  Trade,  1877,  33;  Overland  Monthly,  xiii.  247-9; 
Rept  Com.  A<jric.t  1875,  330-1;  Moseltfs  Or.,  30;  Or.  Legis.  Docs,  1876,  doc. 
ii.,  15. 

The  merchantable  woods  of  Oregon  are  yellow  fir,  cedar,  pine,  spruce, 
cottpnwood,  hemlock,  oak,  maple,  ash,  alder,  arbutus,  and  myrtle. 
Fir  is  the  staple  used  in  ship-building,  house-building,  fencing,  furniture,  and 
fuel.  Cedar  is  used  for  finishing,  and  withstands  moisture.  Hemlock  is 
used  in  tanning.  Oak  is  utilized  for  farming  implements  and  wagons;  cot- 
tonwood  for  staves;  ash,  maple,  and  myrtle  for  furniture.  Veneering  froin 
the  knots  of  Oregon  maple  received  a  diploma  from  the  centennial  exposition 
of  1876,  for  its  beauty,  fineness  of  grain,  toughness  of  fibre,  and  susceptibility 
to  polish.  Nash's  Or.,  128.  Combined  with  myrtle,  which  is  also  beautifulty 
marked  and  susceptible  of  a  high  polish,  but  of  a  dark  color,  the  result  is  one  of 
great  elegance  in  cabinet-work.  A  few  vessels  built  at  Coos  Bay  have  been 
finished  inside  with  these  woods,  presenting  a  remai'kably  pleasing  effect. 
Half  of  all  the  wood  used  in  the  manufacture  of  furniture  in  San  Francisco 
is  exported  from  Oregon.  As  early  as  1SG2  a  set  of  furniture  made  of  Oregon 
maple  was  sold  in  San  Francisco  for  $800.  Or.  Statesman,  May  12,  1862. 
The  furniture  trade  of  the  state  reached  §750,000  annually,  two  thirds  of 
which  was  for  home-made  articles.  The  Oregon  Manufacturing  Company  of 
Portland  in  1875  began  to  make  first-class  fashionable  furniture  from  native 
woods,  a  building  being  erected  by  J.  A.  Strobridge  on  the  corner  of  First 
and  Yamliill  streets,  at  a  cost  of  $75,000,  for  the  company's  use.  Portland 
West  Shore,  Aug.  1875;  Hillsboro  Wash.  Independent,  Dec.  2,  1875.  The 
finest  cabinet  articles  were  made  in  Portland.  Other  smaller  factories  were 
scattered  throughout  the  state,  but  Portland  furnished  a  large  proportion  of 
the  furniture  sold  by  country  merchants.  According  to  a  prominent  Pacific 
coast  statistician,  John  S.  Hittell,  Resources,  584-5,  there  were  150,000,000 
feet  of  lumber  sawed  in  Oregon  in  1880-1.  The  greater  part  of  this  was  cut 
at  the  mills  on  the  Columbia,  and  the  southern  coast,  several  of  which  turn 
out  75,000  feet  per  day.  The  mill  at  St  Helen  cut  from  40,000  to  75,000 
in  24  hours.  At  Coos  Bay  and  Port  Orford  there  were  mills  that  produce 
21,000,000  to  37,000,000  feet  annually.  G'Jfnfs  Or.  Resources,  MS.,  45;  S.  S. 
Mann,  in  Historical  Correspondence,  MS.  The  Coquiile  mills  saw  12,000,000 
feet  for  San  Francisco  market  annually.  In  eastern  Oregon  the  Bine  Moun 
tains  furnished  the  principal  part  of  the  lumber  made.  The  Thielsen  fhunc, 
for  carrying  lumber  from  the  mountains,  is  the  largest,  carrying  50.COO  feet 
of  lumber  and  300  cords  of  lire-wood  daily  from  the  mills  to  the  town  of 
Milton,  near  the  Oregon  line.  It  was  the  property  of  the  Oregon  Improve 
ment  Company,  and,  including  its  branch,  was  thirty  miles  long.  The  Little 
White  Salmon  flume,  built  by  the  Oregon  Railway  and  Navigation  Company 
to  bring  lumber  to  The  Dalles,  was  ten  miles  in  length.  HitteWs  Resources, 
584-5. 

At  St  Johns,  near  the  mouth  of  the  Willamette,  was  the  location  of  the  Or 
egon  Barrel  Company,  where  barrels,  pails,  fruit-packing  boxes,  and  cases  for 
holding  packages  of  canned  salmon  were  manufactured;  0.  B.  Severance 
founder.  The  products  of  this  factory  were- worth  about  §15,000  annually. 
There  was  a  similar  factory  at  Oregon  City  in  18G3,  and  there  was,  in  1884, 
a  large  box  factory  at  Portland,  owned  by  John  Harlowe  &  Co.  Wood 
was  used  for  fuel  throughout  Oregon,  except  in  a  few  public  and  private 
houses,  where  coal  was  preferred.  It  was  abundant  and  cheap  everywhere 
west  of  the  Cascade  Mountains,  the  highest  prices  obtaining  in  Portland, 
where  fir  wood  brought  six  dollars  per  cord,  and  oak  eight.  Most  of  the  river 
steamers  used  wood  for  making  steam  as  a  matter  of  economy. 

Ship-building,  which  depends  upon  the  quality  of  timber  produced  by  the 
country,  is  carried  on  to  a  considerable  extent,  the  principal  ship-yard  being 
at  Coos  Bay.  The  oldest  yard  on  the  bay  is  at  North  Bend,  where  the  brig 
Arayo  was  built  by  A.  M.  and  R.  W.  Simpson  in  1856,  since  which  time 
twenty-two  other  vessels  have  been  launched  from  this  yard,  with  tonnage 


728  MANUFACTURES. 

aggregating  12,500.  They  were  launched  in  the  following  order:  brigs  Arago 
and  Blanco,  1856-8;  schooners  Meiidocino  and  Florence  E.  Walton,  1859-60; 
brig  Advance,  1861;  schooners  Enterprise,  Isabella,  Hannah  Louise,  and  Ju- 
venta,  1863-5;  barkentines  Occident  and  Melancthon,  1866-7;  schooner  Bunk- 
alatioti,  1868;  burkentine  Webfoot,  1869;  schooners  Botama  and  Orecjonian, 
1871-2;  barkentine  Portland,  1873;  ship  Western  Shore,  1874;  barkentine 
Tarn  O'Shanter,  1875;  barkentines  North  Bend  and  Klikitat,  and  schooners 
Trustee,  James  A.  Garjield,  and  one  unnamed,  1876-81.  The  ship  Western 
Shore  was  the  largest  and  strongest  ship  ever  built  on  the  Pacific  coast,  and 
the  second  in  number,  the  Wildwood,  built  at  Port  Madison  in  1871-2,  being 
the  tirst.  The  Western  Shore  was  designed  by  A.  M.  Simpson,  and  built  by 
John  Kruse.  The  joiner- work  was  done  by  Frank  Gibson,  the  polishing  of 
tlie  wood- work  by  Frederick  Mark,  and  the  painting  by  Peter  Gibson.  She 
was  2,000  tons  burden,  and  her  spars  the  finest  ever  seen  iu  Liverpool.  R. 
W.  Simpson  designed  the  rigging  and  canvas.  The  cabin  was  finished  with 
myrtle  wood,  relieved  by  door-posts  of  Sandwich  Island  tamanaina  handsome 
manner;  but  the  Tarn  O'Shanter  was  finished  still  more  handsomely  by  the 
same  German  workman,  F.  Mark.  The  first  voyage  of  the  Western  >^hore  was 
to  San  Francisco,  thence  to  Liverpool,  loaded  with  1,940  tons  of  wheat,  com 
manded  by  Wesley  McAllep.  She  beat  the  favorite  San  Francisco  ship  Three 
Brothers  8  days,  and  the  British  King,  a  fast  sailer,  14  days — a  triumph  for 
her  builders.  She  cost  $86,000,  less  than  such  a  ship  could  be  built  for  at 
Bath,  Maine.  Thos  B.  Merry,  in  Portland  West  Shore,  May  1876  and  Feb. 
1882;  8.  F.  Bulletin,  Nov.  20,  1876. 

From  the  ship-yard  of  H.  H.  Luse,  at  Empire  City,  Coos  Bay,  eight  vessels 
were  launched  between  1861  and  1881,  with  an  aggregate  burden  of  900  tons. 
The  class  of  vessels  built  at  Empire  City  was  smaller  than  the  North  Bend 
vessels,  several  being  small  steamers  for  use  on  the  bay.  They  were  the 
schooners  ffebecca,  Kate  Piper,  and  C'ashman,  brig  llobert  Emmett,  and  steam- 
tug  A  Ipha,  and  the  steamers  Satellite,  Coos,  and  Bertha.  The  Alpha  was  the 
first  vessel  built  at  this  place,  and  the  only  one  before  1869.  Portland  We-t 
Shore,  Feb.  1882,  26.  At  Marshfield,  Coos  Bay,-E.  B.  Dean  &  Co.  have  a 
ship-yard.  Here  were  built  twenty  vessels  between  1866  and  1881,  of  an  ag 
gregate  capacity  of  9,070  tons,  and  at  other  points  on  the  bay  and  river.  The 
first  vessel  built  at  Marshfield  was  the  steam-tug  Escort.  Then  followed  the 
schooners  Slaghound,  Louisa,  Morrison,  Ivanhoe,  Annie  Stauffer,  Panamd, 
Sunshine,  Frithioff,  Laura  May,  Jennie  Stella,  C.  II.  Merchant,  Santa  Rosa, 
George,  C.  Perkins,  J.  G.  North,  Dakota,  and  one  unknown,  the  barkentine 
Amelia,  the  steamers  Messenger  and  Wasp,  and  the  tug  Escort,  No.  2.  The 
steamer  Juno  was  built  in  Coos  River,  and  also  a  schooner,  name  unknown, 
at  Aaronville.  Merry  makes  mention  of  the  North  Bend  tug  Fearless,  which 
is  not  down  in  the  list. 

The  reputation  of  Coos  Bay  vessels  for  durability  and  safety  is  good,  few 
of  them  having  been  lost.  The  Florence  Walton  was  wrecked  on  the  coast 
between  Coos  Bay  and  Rogue  River.  The  Bunkalation,  while  discharging  a 
cargo  of  lime  at  cape  Blanco  for  the  light-house,  was  set  on  fire  by  the  sea 
washing  down  the  hatchway,  and  entirely  destroyed.  The  Sunshine  was 
wrecked  off  Cape  Disappointment  bj  capsizing  in  a  sudden  squall,  from  her 
masts  being  too  tall  and  the  hoops  too  small  to  allow  the  sails  to  be  lowered 
quickly.  Portland  West  Shore,  June  1876,  6.  Several  of  them  have  been  in 
the  Columbia  River  trade  ever  since  they  were  completed. 

Ship-building  in  a  small  way  has  been  carried  on  in  the  Umpqua  River 
ever  since  1856.  Two  schooners,  the  Palestine  and  Umpqan,  were  built  about 
a  mile  and  a  half  below  Scottsburg,  by  Clark  and  Baker,  in  1855-6,  for  the 
San  Francisco  trade.  Or.  Statesman,  May  6,  1856.  In  1857  the  steamer 
Satellite  was  built  to  run  on  the  river.  In  1560  John  Kruse,  Bauer,  and 
Maury  built  the  schooner  Mary  Cleveland,  at  Lower  Scottsburg,  for  the  C~li- 
foruia  trade.  Id.,  May  13,  1861.  Kruse  also  built  the  schooners  Pacific  and 
W.  F.  Brown  in  1864-5;  Hopkins'  Ship-building  Pacific  Coast;  Davidson's 
Coast  Pilot,  139.  A  few  vessels  have  been  built  in  Tillamook  Bay,  of  light 


FLOUR.  729 

draught  and  tonnage.  Ever  since  the  Star  of  Oregon  was  launched  from  Oak 
Island  in  the  Willamette  in  1841,  ship-building  has  been  carried  on  in  a  desul 
tory  fashion  along  on  the  Columbia  and  Willamette,  no  record  of  which  has 
been  kept.  An  examination  of  the  U.  S.  Commerce  ami  Navigation  Statistics 
from  1850  to  1856  shows  that  no  figures  are  given  for  more  than  half  the 
years,  consequently  the  information  gained  is  comparatively  worthless.  In 
the  years  given,  1850,  1857,  1865,  1808-1877,  there  were  109  vessels  of  all 
classes,  from  a  barge  to  a  brig,  built  in  Oregon,  31  of  which  were  sailing  ves 
sels.  According  to  the  same  authority,  there  were  60  steam-vessels  in  Oregon 
waters  in  1874;  but  these  returns  are  evidently  imperfect. 

The  cost  of  ship-building  as  compared  with  Bath,  Maine,  is  in  favor  of 
Oregon  ship-yards,  as  shippers  have  been  at  some  pains  in  the  last  ten  or 
fifteen  years  to  demonstrate,  as  well  as  to  show  that  American  wooden  ships 
must  soon  displace  English  iron  vessels,  and  American  shipping,  which  has 
been  permitted  to  decline,  be  restored.  The  report  of  the  Pacific  Social 
Science  Association  on  the  Restoration  of  American  Shipping  in  the  Foreign 
Trade,  by  a  committee  consisting  of  C.  T.  Hopkins,  A.  S.  Hallidie,  I.  E. 
Thayer,  A.  Crawford,  and  C.  A.  Washburn,  is  an  instructive  pamphlet  of 
some  30  pages,  showing  the  causes  of  decline  and  the  means  of  restoring  the 
American  shipping  interest.  In  1875-6,  §1,513,508  was  paid  away  in  Oregon 
to  foreign  ship-owners  for  grain  charters  to  Europe,  which  money  should  have 
been  saved  to  the  state  and  reinvested  in  ship-building.  Board  of  Ti\:deRcpt, 
1870,  10.  I  have  quoted  the  opinions  of  competent  writers  in  the  history  of 
Puget  Sound  ship-building,  and  will  only  refer  here  to  the  following  pam 
phlets.  Farris/i's  I'eview*  of  the  Commercial,  Financial,  and  industrial  Interests 
of  Oregon,  1877,  31-2;  Gilfnfs  Resources  Or.,  MS.,  45-50;  lievicw  of  Portland 
Board  of  Trade,  1877;  and  I/opliu*'  Ship-building,  1867.  In  view  of  the  re 
quirements  of  commerce  in  the  future,  the  Oregon  Railway  and  Navigation 
Company  have  provided  a  magnificent  dry-dock  at  Albina,  opposite  Portland, 
which  was  completed  about  1883. 

Flour  takes  the  second  place,  in  point  of  time  if  not  of  value,  in  the  list  of 
Oregon  manufactures.  Since  the  time  when  wheat  was  currency  in  Oregon,  it 
has  played  an  important  part  in  the  tinances  of  the  country.  Taking  a  compar 
atively  recent  view  of  its  importance,  the  fact  that  the  wheat  crop  increased 
from  2.340,000  bushels  in  1870  to  7,486,000  in  1880,  establishes  its  relative 
value  ito  any  and  all  other  products.  A  very  large  proportion  of  the  wheat 
raised  in  Oregon  was  exported  in  bulk,  but  there  was  also  a  large  export  of 
manufactured  Hour.  The  first  to  export  a  full  cargo  of  wheat  direct  to  Europe 
was  Joseph  Watt,  who  sent  one  to  Liverpool  by  the  tiallie  Brown  in  1868.  It 
cost  Watt  $4,000  to  make  the  experiment.  The  English  millers,  unacquainted 
with  tho  plump  Willamette  grain,  condemned  it  as  swollen,  but  bought  it  at  a 
reduced  price,  and  ground  it  up  with  English  wheat  to  give  whiteness  to  the 
flour,  sines  which  time  they  have  understood  its  value.  Grover's  Pub.  Life  in 
Or.,  MS.,  69;  Watt,  in  Camp-fre  Orations,  MS.,  1-2.  Another  cargo  went  the 
same  year  in  the  Helen  A  ngier.  The  year  previous  to  Watt's  shipment  a  cargo 
of  wheat  and  flour  was  sent  direct  to  Australia  by  the  bark  Whistler.  As 
early  as  1861  H.  E.  Hayes  and  C.  B.  Hawley  of  Yamhill  had  10,000  bushels 
ground  up  at  the  Linn  City  Mills  (swept  away  in  the  flood  of  the  following  win 
ter)  for  shipment  to  Liverpool,  taking  it  to  S.  F.  to  put  it  on  board  a  clipper 
ship.  Or.  Argus,  Jan.  12,  1861.  In  1808-9,  30,305  bushels  of  wheat  and  200 
barrels  of  flour,  worth  $36,447,  were  shipped  direct  to  Europe.  The  trade 
increased  rapidly,  and  in  1874  there  were  74,715  bushels  of  wheat  and  28,811 
barrels  of  flour  sent  to  foreign  ports,  worth  $1,026,302.  S.  F.  Bulletin,  Jan. 
20,  1875. 

The  number  of  flouring  and  grist  mills  in  the  state  was  over  a  hundred,  in 
which  more  than  a  million  and  a  quarter  of  capital  was  invested,  producing 
annually  three  and  a  half  millions'  worth  of  flour.  Some  of  the  most  famous 
mills  were  the  following:  Standard  Mills  at  Milwaukee,  completed  in  1860  by 
Eddy,  Kellogg,  and  Bradbury,  which  could  make  250  barrels  daily.  The 
Oregon  City  Mills,  owned  by  J.  D.  Miller,  capable  of  turning  out  300  barrels 


730  MANUFACTURES. 

daily.  This  mill  was  originally  erected  in  1866  to  make  paper,  but  converted 
in  1868  into  a  flouring-mill.  The  Imperial  Mill  at  Oregon  Ciiy,  first  owned  by 
Savier  and  Burnside,  was  capable  of  grinding  500  barrels  daily.  The  Salem 
Flouring  Mills,  owned  by  a  company  organized  in  1870,  with  a  capital  of 
$30,000  since  increased  to  $200,000,  and  which  had  A.  Bush,  the  former  eduor 
of  the  Or.  Statesman,  and  later  a  banker  in  Salem,  for  president,  manu 
factured  15,000  to  16,000  barrels  of  flour  monthly.  Their  flour  took  the  lead 
in  the  markets  of  Europe.  The  Jefferson  City  Mills,  owned  by  Corbitt  and 
Macleay  of  Portland,  ground  10,000  barrels  monthly.  J.  H.  Foster's  mill  at 
Albany  had  a  capacity  of  300  barrels  daily.  HittelVs  Resources,  555-8. 

In  Uie  great  Hood  of  1861-2  the  Island  mill  at  Oregon  City,  built  by  the 
methodist  company,  and  John  McLoughlin's  mill  were  both  carried  away. 
McLoughliu's  mill  was  in  charge  of  Daniel  Harvey,  who  married  Mrs  Rae,  the 
doctor's  daughter.  Harvey  was  born  in  the  parish  of  Shefford,  county  Essex, 
England,  in  1804,  He  died  at  Portland,  Dec.  5,  1868.  Portland  Advocate,  Dec. 
19,  1868. 

Salmon,  by  the  process  of  canning,  becomes  a  kind  of  manufactured  goods, 
and  was  one  of  the  three  great  staples  of  the  state.  The  salmon  of  the  Colum 
bia  were  introduced  to  the  markets  of  Honolulu,  Valparaiso,  and  London,  in 
a  measure,  by  the  Hudson's  Bay  Company,  before  any  citizen  of  the  United 
States  had  Ci.lered  into  the  business  of  salmon- fishing  in  Oregon.  Robert's 
Recollections,  MS.,  20;  Wilkes*  Nar.  U.  S.  Ex.  Exped.,  iv.  369-70;  //.  Com. 
Rept,  31,  i.  57,  27th  cong.  3d  scss.;  Van  Tramp's  Adventures,  145-6.  The 
first  attempts  to  compete  with  this  company  were  made  by  Wyeth  and  the 
methodist  missionaries,  which  was  successful  only  in  securing  enough  for  home 
consumption,  the  Indians  being  the  fishermen,  and  the  company  able  to  pay 
more  for  the  fish  than  the  missionaries.  The  first  merchants  at  Oregon  City 
traded  a  few  barrels  to  the  Honolulu  merchants  for  unrefined  sugar  and  mo 
lasses.  Henry  Roder  went  to  Oregon  City  in  1852,  with  the  design  of  estab 
lishing  a  fishery  at  the  falls  of  the  Willamette,  but  changed  his  mind  and 
vent  to  Bellingham  Bay  to  erect  a  saw-mill.  About  1857  John  West  began 
putting  up  salt  salmon  in  barrels,  at  Westport,  on  the  Lower  Columbia.  In 
1859  Strong,  Baldwin  &  Co.  established  a  similar  business  at  the  muuth  of 
Rogue  River.  Or.  Statesman,  Oct.  25,  1859.  But  nothing  like  a  modern  fishery 
was  established  on  the  Columbia  until  I860,  when  William  Hurne,  George 
Hume,  and  A.  S.  Hapgood  erected  the  first  fish -preserving  factory  at  Eagle 
Cliff,  on  the  north  bank  of  the  river,  in  Wahkiakum  county,  Washington.  In 
1876  there  were  seventeen  similar  establishments  on  the  river,  and  in  loSO 
there  were  thirty-five.  The  average  cost  of  these  fisheries,  with  their  appa 
ratus  for  canning  salmon,  and  of  the  boats  and  nets  used  in  catching  fish,  was 
in  the  neighborhood  of  forty  thousand  dollars  each,  making  a  sum  total  in 
vested  in  the  Columbia  River  fisheries  of  nearly  a  million  and  a  half.  The 
number  of  persons  employed  in  the  fishing  season,  which  Listed  about  four 
months,  was  six  thousand,  the  gi-eater  number  of  whom  were  foreign.  The 
boatmen  are  usually  Scandinavians,  and  the  men  employed  in  the  canneries 
principally  Chinese.  A  few  women  were  hired  to  put  on  labels,  at  which  they 
were  very  expert.  The  mechanics  were  usually  Americans.  The  following 
shows  the  increase  of  the  salmon  catch  for  ten  years,  by  the  number  of  cases 
put  up:  1609,20,769;  1870,29,736;  1871,34,805;  1872,  43,C90;  1873,  102,733; 
1G74,  291,021;  1875,  231,500;  1876,  438,730;  1877,  395,288;  1878,  440,917; 
1879,  438,004.  New  Tacoma  N.  P.  Coast,  June  15,  1880.  The  production 
varied  with  different  years,  the  salmon  in  some  years  appearing  to  avoid  the 
Columbia  and  all  the  principal  fishing-grounds.  There  was  a  falling-off  in 
1879,  for  the  whole  Pacific  coast,  amounting  to  nearly  100,000  cases  from  the 
catch  of  the  previous  year.  After  the  fishing  season  was  over  some  of  the 
canneries  put  up  beef  and  mutton,  to  utilize  their  facilities  and  round  out  the 
year's  business. 

The  export  of  canned  salmon  did  not  commence  until  1871,  when  30,000 
cases  were  exported,  which  realized  §150,000.  In  1875,  330,000  cases  were 
sold  abroad,  which  realized  §1,650,000,  and  the  following  year  479,000  cases, 


SALMON  AND  WOOLLEN  GOODS.  731 

bringing  over  two  and  a  half  millions  of  dollars,  which  is  about  the  maximum 
of  the  trade,  a  few  thousand  more  packages  being  sold  in  1878,  and  consider- 
alxy  less  in  1879.  Review  of  board  of  trade,  1879,  in  Portland  Standard, 
Feb.  4,  1879.  The  production  of  1881  was  550,000  cases  of  48  pounds  each, 
bringing  five  dollars  a  case. 

The  partial  failure  of  several  years  alarmed  capitalists  and  legislators;  and 
in  April  1875  the  Oregon  and  Washington  Fish  Propagating  Company,  with 
a  capital  of  $30,000,  was  incorporated.  The  officers  of  this  company  were 
John  Adair,  Jr,  president,  J.  W.  Cook  vice-president,  J.  G.  Megler  secretary, 
Henry  Failing  treasurer,  with  J.  Adair,  J.  G.  Megler,  John  West,  C.  M. 
Lewis,  and  J.  W.  Cook  directors.  Livingston  Stone  of  Charlestown,  Massa 
chusetts,  was  chosen  to  conduct  the  experiment.  A  location  for  a  hatching 
establishment  was  selected  at  the  junction  of  Clear  creek  with  the  Clackamas 
River,  a  few  miles  from  Oregon  City,  where  the  necessary  buildings  were 
erected  and  a  million  eggs  put  to  hatch,  of  which  seventy-five  per  cent  became 
fish  and  were  placed  in  the  river  to  follow  their  ordinary  habits  of  migration 
and  return.  In  this  manner  the  salmon  product  was  rendered  secure.  In 
March  1881,  2, 150, 000  fish  were  turned  out  of  the  hatching-house  in  a  healthy 
condition.  Olympia  Courier,  April  22,  1881;  Portland  West  Shore,  August, 
1878;  Portland  Orer/onian,  May  26,  1877. 

Besides  the  Columbia  River  fisheries,  there  were  others  on  the  Umpqua, 
Coquille,  and  Rogue  rivers,  where  salmon  are  put  up  in  barrels.  The  Coquille 
fishery  put  up  37,000  barrels  in  1881.  tf.  F.  Chronicle,  Aug.  13,  1881.  Im 
mense  quantities  of  salmon-trout  of  excellent  flavor  have  been  found  in  the 
Umpqua,  Klamath,  Link,  a^id  other  southern  streams.  In  the  Klamath,  at 
the  ford  on  the  Linkville  road,  they  have  been  seen  in  shoals  so  dense  that 
horses  refused  to  pass  over  them.  In  Lost  River,  in  Lake  county,  the  sucker 
fkh  abounded  in  the  same  shoals  during  April  and  May.  Sturgeon,  tomcod, 
flounder,  and  other  edible  fish  were  plentiful  along  the  coast.  Since  1802, 
oysters  in  considerable  quantities  have  been  shipped  from  Tillamook  Bay; 
and  other  shell-fish,  namely,  crabs,  shrimps,  and  mussels,  were  abundant, 
and  marketable.  Or.  Statesman,  Nov.  3,  1802;  Or.  Leyisl.  Docs,  1870,  ii. 
15;  8mafPn  Or.  62-5. 

Laws  have  been  enacted  for  the  preservation  of  both  salmon  and  oysters. 
These  acts  regulate  the  size  of  the  meshes,  which  are  83  inches  long,  to  permit 
tiie  young  salmon  to  escape  through  them;  and  prohibit  fishing  from  Saturday 
evening  to  Sunday  evening  of  every  week  in  the  season,  for  the  protection  of 
aa  salmon;  and  forbid  the  use  of  the  dredge  where  tiie  water  is  less  than,  twen 
ty-four  feet  in  depth  at  low  tide  onoj^ster-beds,  or  the  waste  of  young  oysters. 
Or.  Laws,  1870,  7.  With  regard  to  the  preservation  and  propagation  of  ral- 
mon,  ib  has  been  recently  discovered  that  the  spawn  thrown  into  the  Coquille 
from  the  fisheries  is  not  wasted,  but  hatches  in  that  stream,  and  that  there 
fore  that  river  is  a  natural  piscicultural  ground.  Coquille  City  Herald,  in  S.  F. 
Bulletin,  Nov.  15,  1833.  The  same  does  not  appear  to  be  true  of  the  northern 
rivers.  Another  difference  is  in  the  time  of  entering  the  rivers,  which  is  April 
in  the  Columbia,  and  August  in  the  Umpqua  and  Coquille. 

The  manufacture  of  Oregon  wool  into  goods  was  neglected  until  April 
1850,  when  a  joint-stock  association  was  formed  at  Salem  for  the  purpose  of 
erecang  a  woollen-mill.  Joseph  Watt  was  the  prime  mover.  William  H. 
Rector  was  superintendent  of  construction,  and  went  east  to  purchase  ma 
chinery.  George  H.  Williams  was  president  of  the  company,  Alfred  Stanton 
vice-president,  Joseph  G.  Wilson  secretary,  and  J.  D.  Boon  treasurer.  Watt, 
Rector,  Joseph  Holman,  L.  F.  Grovcr,  Daniel  Waldo,  and  E.  M.  Barnum 
were  directors.  Br 'own '«  Salem  Dir.,  1871.  Watt  &  Barber  had  a  carding- 
machine  in  Polk  county  in  1856,  and  there  appears  to  have  been  another  in 
Linn  county,  which  was  destroyed  by  lire  in  1802.  The  company  purchased 
the  right  of  way  to  bring  the  water  of  the  Sautiam  River  to  Salem,  building 
a  canal  and  taking  it  across  Chemeketa  Creek,  making  it  one  of  the  best  water- 
powers  on  the  Pacific  coast.  Its  completion  in  December  was  celebrated  by 
the  firing  of  cannon.  The  incorporation  of  the  company  as  a  manufacturing 


732  MANUFACTURES. 

and  water  company  followed,  and  in  the  fall  of  1857  two  sets  of  woollen  ma 
chinery  were  put  in  motion.  Tiie  goods  manufactured,  blankets,  flannels,  and 
cassimeres,  were  exhibited  at  the  hrst  state  fair  of  California,  in  1858,  being 
the  first  cioch  made  on  the  Pacific  coast  of  the  United  States  by  modern  ma 
chinery,  in  1860  the  capacity  of  the  mill  was  doubled,  the  company  pros 
pered,  and  in  1863  built  a  large  flouring  mill  to  utilize  its  water-power.  The 
canal  which  brought  the  Sunuani  into  Salem  was  less  than  a  mile  in  length 
and  had  a  fail  of  4J  feet.  The  water  was  exhaustless,  and  there  was  laid  the 
foundations  of  unlimited  facilities  for  manufactures  at  Salem. 

The  building  of  the  Willamette  woollen-mill  at  Salem  was  a  great  incentive 
to  wool-growing.  The  amount  of  wool  produced  in  Oregon  in  1860  was 
220,000  pounds,  not  as  much  as  the  Salem  mill  required  after  it  was  enlarged, 
which  was  400,000.  But  in  1870  the  wool  crop  of  the  state  was  1,500,000, 
and  in  ISoO  over  eight  million  of  pounds  were  exported.  Hoard  of  Trade.  lie- 
view,  1877,  15;  Pacific  North-west,  4.  The  Salem  mill  burned  to  the  ground 
in  May  1876,  but  in  the  mean  time  a  number  of  others  had  been  erected.  In 
1SJJ  W.  J.  Linnvillc  and  others  petitioned  the  senate  for  a  charter  for  a 
woollen  manufacturing  company,  which  was  refused,  on  the  ground  that  the 
constitution  of  the  state  forbade  creating  corporations  by  special  laws  except 
for  municipal  purposes.  Or.  Jour.  Senate,  1860,63,73.  In  1864  a  woollen-miil 
was  erected  at.Lliendale,  which  was  running  in  1866,  and  'turning  out  flannels 
by  thj  thousand  yards,'  but  which  has  since  been  suspended.  Or.  Statesman, 
May  7,  1866;  Decides  Scrap- Uook,  149.  The  Oregon  City  Woollen  Mill  was 
projected  as  early  as  18G2,  although  not  built  until  1864-5.  The  incorpora 
tion  papers  were  liled  Dec.  31,  Ib02,  in  the  office  of  the  secretary  of  state. 
The  mcorporators  were  A.  L.  Lovejoy,  L.  D.  C.  Latourette,  Arthur  Warner, 
\V.  W.  Buck,  William  Win  dock,  F.  Barclay,  Daniel  Harvey,  G.  H.  Atkin 
son,  J.  L.  Ba.iovv,  John  D.  Dement,  W.  C.  Dement,  D.  P.  Thompson,  Wil 
liam  Barlow,  W.  C.  Johnson,  and  A.  H.  Specie.  Capital  stock,  $60,000.  Or. 
Arfjus,  Jan.  31,  1862.  Five  lots  were  purchased  of  Harvey  for  ,$12,000,  and 
water-power  guaranteed,  'ihe  building  was  of  brick  and  stone,  188  by  52  feet, 
ana  two  storie.3  high.  Joel  Palmer  \vas  elected  president  of  the  company. 
It  was  designed,  as  we  are  told,  to  concentrate  capital  at  Oregon  City.  Buck's 
Enterprises,  Mo'.,  6-8.  Back  relates  how  when  they  had  built  the  mill  the 
directors  could  &o  no  further,  having  no  money  to  buy  the  wool  to  start  with, 
until  he  succeeded  in  borrowing  it  from  the  bank  of  British  Columbia.  A  few 
men  bought  up  all  the  stock,  and  some  of  the  original  holders  realized  nothing, 
among  whom  was  Buck,  whose  place  among  the  projectors  of  enterprises  is 
conspicuous  if  not  remunerative.  The  enterprise  was  successful  from  the 
stare.  The  mill  began  by  making  flannels,  but  soon  manufactured  all  kinds 
of  woollen  goods.  It  was  destroyed  by  lire  in  186o,  and  rebuilt  in  the  follow 
ing  year.  In  point  of  capacity  and  means  of  every  sort,  the  Oregon  City  mill 
was  the  first  in  the  state.  Its  annual  consumption  of  wool  was  not  much  short 
of  a  million  pounds,  and  the  value  of  the  goods  manufactured  from  forty  to  i'or- 
ty-iivo  thousand  dollars  a  month.  A  wholesale  clothing  manufactory  in  con 
nection  with  the  mill  employs  from  fifty  to  sixty  cutters  and  tailors  in  work 
ing  up  tweeds  and  cassimeres  into  goods  for  the  market.  This  branch  of  the 
business  was  represented  in  S.  F.  by  a  firm  which  manufactures  Oregon  City 
cloths  into  goods  to  the  value  of  $400,000  annually.  The  mill  employed  150 
operatives,  to  whom  it  paid  $90,000  a  year  in  wages.  HitteWs  Resources,  445 
-6.  A  fire  in  February  1881  destroyed  a  portion  of  the  mill,  which  sustained 
a  loss  of  $20,000.  The  wool-growers  of  Wasco  county  at  one  time  contem 
plated  fitting  up  the  abandoned  mint  building  at  The  Dalles  for  a  woollen 
factory,  but  later,  with  Portland  capitalists,  making  arrangements  to  erect  a 
large  mill  at  the  fall  of  Des  Chutes  River. 

Another  woollen- mill  was  established  at  Brownsville  in  1875,  with  four 
sets  of  machinery,  which  could  manufacture  tweeds,  doeskins,  cassimeres, 
satinets,  flannels,  and  blankets.  Its  sales  were  about  $150,000  annually,  on 
a  paid-up  capital  of  $36,000.  Linn  county  had  a  hosiery  factory  also.  At 
Albany,  also,  there  was  a  hosiery-mill,  called  The  Pioneer,  owned  by  A.  L. 


IRON-WORKS.  733 

Stinson.  It  had  the  only  knitting-machines  in  the  state,  and  did  its  own 
carding  and  spinning.  A  woollen-mill  at  Ashland  manufactured  goods  to  the 
value  of  from  forty  to  fifty  thousand  dollars  annually,  and  was  the  property 
of  two  or  three  men.  Its  goods  were  in  great  demand,  being  of  excellent 
quality. 

The  woollen  manufactures  of  the  Pacific  coast  excel  in  general  excellence 
any  in  the  United  States,  which  is  due  to  the  superior  quality  of  the  wool 
used.  The  blankets  made  at  the  Oregon  mills,  for  fineness,  softness,  and 
beauty  of  finish,  are  unequalled  except  by  those  made  in  California  from  the 
same  kind  of  wool.  The  total  amount  invested  in  these  manufactures  in 
1885  was  about  half  a  million;  $400,000  worth  of  material  was  used,  and 
$840,000  worth  of  fabric  manufactured  annually. 

The  first  iron-founding  done  in  Oregon  was  about  1858.  Davis  &  Mo- 
nastes  of  Portland,  and  the  Willamette  Iron-Works  of  Oregon  City,  were  the 
pioneers  in  this  industry.  At  the  latter  were  built,  in  1859,  the  engines  and 
machinery  for  the  first  two  steam  saw-mills  in  the  eastern  portion  of  Washing 
ton  and  Oregon.  These  two  mills  were  for  Ruble  &  Co.  at  Walla  Walla  and 
Noble  &  Co.  at  The  Dalles.  According  to  Hittell,  boiler-making  was  begun 
in  Portland  as  early  as  1852.  Resources,  658.  A.  Rossi,  F.  Bartels,  R.  Hur 
ley,  and  D.  Smith  were  the  owners  of  the  Willamette  Iron  Foundry.  Or. 
Argus,  July  3,  1868.  The  Salem  iron- works  were  erected  in  1860,  and  turned 
out  a  variety  of  machinery,  engines,  and  castings.  They  were  owned 
by  B.  F.  Drake,  who  came  to  California  in  1851,  and  after  mining  for  a 
short  time  settled  at  Oregon  City,  where  he  remained  until  he  built  his 
foundery  at  Salem.  His  foreman,  John  Holman,  had  charge  of  the  works 
for  fifteen  years,  and  employed  12  men.  Hindi's  Resources,  663—4.  John 
Nation,  a  well-known  iron- worker,  was  at  first  associated  with  Drake.  In 
1862  this  foundery  built  a  portable  engine  of  eight  horse-power,  to  be  used  on 
farms  as  the  motive  power  of  thrashing-machines,  the  first  of  its  kind  in  Ore 
gon.  Since  that  period  founderies  have  been  planted  in  different  parts  of  the 
state  as  required  by  local  business,  Portland  and  The  Dalles  being  the  chief 
centres  for  the  trade  on  account  of  the  demands  of  steamboat  and  railroad 
traffic. 

The  presence  of  iron  ore  in  many  parts  of  Oregon  has  been  frequently  re 
marked  upon.  It  is  known  to  exist  in  the  counties  of  Columbia,  Tillamook, 
Marion,  Clackamas,  and  in  the  southern  counties  of  Jackson  and  Coos.  Its 
presence  in  connection  with  fire-clay  is  considered  one  of  the  best  proofs  of 
the  value  of  the  coal-fields  of  Oregon,  the  juxtaposition  of  coal,  iron,  and  fire 
clay  being  the  same  here  as  in  the  coal-bearing  regions  of  other  parts  of  the 
world.  The  most  important  or  best  known  of  the  iron  beds  of  the  state  are 
in  the  vicinity  of  Oswego,  a  small  town  on  the  Willamette,  six  miles  south  of 
Portland,  and  extending  to  the  Chehalem  valley,  fifteen  miles  from  that  city. 

Equally  rich  beds  of  the  ore  are  found  near  St  Helen,  and  from  the  out- 
croppings  between  these  two  points  the  deposit  seems  to  curve  around  to  the 
west  of  Portland,  and  to  extend  for  twenty-five  miles,  with  the  richest  beds 
at  either  end.  At  St  Helen  the  ore  has  never  been  worked,  except  in  a  black 
smith-shop,  where  it  has  been  converted  into  horse-shoes.'  Several  varieties 
of  iron  ore  exist  in  the  state,  including  the  chromites  of  Josephine  county. 

The  Oswego  iron  was  tested  in  1862,  and  found  to  be  excellent.  Or.  States 
man,  Jan.  19  and  Feb.  9,  1863;  Or.  Argus,  Jan.  24,  1863.  It  yields  about 
fifty  per  cent  of  pure  metal;  and  it  is  estimated  that  there  are  sixty  thousand 
tons  in  the  immediate  vicinity  of  this  place,  while  less  than  three  miles  away 
is  another  extensive  deposit,  from  twelve  to  fifteen  feet  in  depth.  A  company 
was  formed  at  Portland  February  24,  1865,  under  the  name  of  the  Oregon 
Iron  Company,  to  manufacture  iron  from  the  ore  at  Oswego,  which  proceeded 
to  erect  works  at  this  place,  Sucker  Creek,  the  outlet  of  a  small  lake,  furnish 
ing  the  water-power.  President,  W.  S.  Ladd,  vice-president,  H.  C.  Leonard; 
capital  stock,  $500,000,  divided  among  20  stockholders,  most  of  whom  resided 
in  Oregon,  the  remainder  in  S.  F.  The  ^corporators  were  Louis  McLane, 
Charles  Dimon,  W.  S.  Ladd,  Henry  Failing,  A.  M.  Starr,  H.  D.  Green,  and 


734  MANUFACTURES. 

H.  C.  Leonard.  The  stack  was  modelled  after  the  Barnum  stack  at  Lime 
Rock,  Connecticut,  and  was  put  up  by  G.  D.  Wilbur  of  that  state.  Its  foun 
dations  were  laid  on  the  bed-rock  at  a  depth  of  16  feet,  and  it  was  constructed 
of  solid,  dry  stone-work,  covering  a  space  of  thirty-six  square  feet.  The 
stack  itself  was  built  of  hewn  stone,  obtained  on  the  ground;  was  thirty-four 
foet  square  at  the  base,  thirty-two  feet  high,  and  twenty-six  feet  square  at 
the  top.  On  top  of  the  stack  was  a  chimney,  built  of  brick,  forty  feet  high, 
and  containing  the  oven  for  heating  the  air  for  the  blast.  The  diameter  of 
the  top  of  the  lower  pyramid  in  which  the  smelting  takes  place  was  ten  feet. 
The  blow-house  was  built  on  the  ground  near  the  stack.  The  machinery  for 
driving  the  air  was  propelled  by  water.  The  blast  was  furnished  by  two 
blowing  cylinders  of  wood,  five  feet  in  diameter  and  six  feet  stroke.  Char 
coal  was  used  for  fuel.  The  capacity  of  the  works  was  designed  to  be  ten 
tons  in  twenty-four  hours.  The  ore  to  be  tested  was  the  variety  known  as 
brown  hematite,  and  it  was  found  to  yield  from  forty-six  to  seventy  per  cent 
of  pure  iron.  The  timber  for  making  charcoal  was  in  the  immediate  vicinity, 
and  every  circumstance  seemed  to  promise  success.  The  works  reached  com 
pletion  in  June  1867,  having  cost  $120,000.  The  first  run  was  made  on  the 
24th  of  August,  six  tons  of  good  metal  being  produced,  which,  on  being  sent 
to  the  S.  F.  founderies,  was  pronounced  a  superior  article.  By  the  first  of 
October  the  Oregon  Iron  Co.  had  made  225  tons  of  pig-iron,  costing  to  make 
twenty-nine  dollars  per  ton,  exclusive  of  interest  on  capital  and  taxes.  The 
experiment,  for  experiment  it  was,  proving  that  iron  could  be  produced 
more  cheaply  in  Oregon  than  in  other  parts  of  the  U.  S.,  though  not  so  cheaply 
by  half  as  in  England,  was  satisfactory  to  those  who  had  no  capital  in  the 
enterprise,  if  not  to  those  who  had.  The  cost  was  distributed  as  follows: 

166  bushels  of  charcoal,  costing  at  the  furnace  8  cents $13  28 

88  pounds  lime,  costing  at  furnace  4  cents 3  52 

4,970  pounds  of  ore,  costing  at  the  furnace  $2.50  a  ton 5  50 

Labor  reducing  ore,  per  ton 6  67 

$28  97 

Browne's  Resources,  219-22;  Or.  City  Enterprise,  June  8,  1867;  dackamas 
County  Resources,  1.  J.  Ross  Browne,  in  his  very  readable  work,  the  Resources 
of  the  Pacific  States  and  Territories,  220-1,  published  at  S.  F.  in  1869,  gives 
the  relative  cost  of  producing  iron  in  England  and  the  United  States.  An 
establishment,  he  says,  capable  of  making  10,000  tons  annually  in  this  coun 
try  would  cost  altogether,  with  the  capital  to  carry  it  on,  $2,000,000,  while 
in  England  the  same  establishment,  with  the  means  to  carry  it  on,  would  cost 
$800,000.  At  the  same  time  the  interest  on  the  American  capital  would 
exceed  that  on  the  English  capital  by  $120,000.  In  the  U.  S.  a  fair  average 
cost  of  producing  pig-iron  was  not  less  than  $35  per  ton,  while  in  England 
and  Wales  it  was  $14,  to  which  should  be  added  the  difference  caused  by 
the  greater  rate  of  interest  in  the  U.  S.  See  also  Langley's  Trade  Pac.,  i. 
9-10;  Portland  Orefjonian,  July  28,  1866. 

Owing  to  an  error  in  building  the  stack,  which  limited  the  production  of 
metal  to  eight  tons  per  diem,  the  works  were  closed  in  1869,  after  turning  out 
2,400  tons.  Some  of  the  iron  manufactured  was  made  up  into  stoves  in  Port 
land,  and  some  of  it  in  the  construction  of  Ladd  &  Tiiton's  bank.  It  sold 
readily  in  S.  F.  at  the  highest  market  price,  where,  owing  to  being  rather  soft, 
it  was  mixed  with  Scotch  pig.  In  1874  the  works  were  reopened,  and  ran 
for  two  years,  producing  5,000  tons.  In  1877  they  were  sold  to  the  Oswego 
Iron  Company,  under  whose  management  it  was  thought  the  production 
could  be  made  to  reach  500  tons  a  month.  The  sales  for  1881  exceeded 
$150,000. 

One  serious  disadvantage  in  smelting  iron  in  Oregon  was  the  lack  of  lime 
rock  in  the  vicinity  of  the  iron  beds,  and  the  cost  of  lime  obtained  formerly 
from  San  Juan  Island  or  from  Santa  Cruz  in  California,  and  recently  from  New 
Tacoma.  Limestone  has  often  been  reported  discovered  in  various  parts  of 
the  state,  but  no  lime-quarries  of  any  extent  have  yet  been  opened  with  kilns 


LIME  AND  SALT.  735 

for  burning  lime  for  market;  and  the  want  was  greatly  felt  in  house 
building,  as  well  as  in  manufactures.  The  only  mineral  of  this  character 
which  has  been  worked  in  Oregon,  or  rather  in  Washington  (for  the  works  were 
on  the  north  bank  of  the  Columbia,  though  the  rocks  were  found  on  both  sides 
of  the  river),  is  a  native  cement,  or  gypsum,  obtained  from  the  bowlders  in  the 
neighborhood  of  Astoria.  It  was  probably  the  same  rock  so  often  pronounced 
limestone  by  the  discoverers  in  different  parts  of  the  state.  As  early  as  1850 
some  military  officers  at  Astoria  burned  some  of  the  rock,  and  pronounced  it 
limestone.  A  year  or  two  later  a  kiln  of  it  was  burned  and  shipped  to  Port 
land,  to  be  sold  for  lime.  But  the  barge  on  which  the  barrels  were  loaded  Avas 
sunk  in  the  river  with  the  cargo,  which  remained  under  water  until  1864, 
when  the  barge  being  raised,  it  was  found  the  barrels  had  gone  to  pieces,  but 
their  contents  were  solid  rock.  On  these  facts  coming  to  the  notice  of  the  Ore 
gon  Steam  Navigation  Company,  the  officers  contracted  with  Joseph  Jeffers 
of  Portland  to  furnish  500  barrels  in  a  given  time  for  the  foundations  of  their 
warehouse  in  Portland.  Mr  Jeffers  proceeded  to  build  a  kiln  and  burn  the  rock 
on  the  premises  of  John  Adair,  at  upper  Astoria,  without  consulting  the  owner. 
When  the  first  kiln  had  turned  out  100  barrels  of  cement  the  work  was  inter 
fered  with  by  Mr  Adair  and  others,  who  claimed  an  interest  in  the  profits 
ao  owners  of  the  rocks  and  ground.  A  company  was  then  formed,  which  filled 
the  contract  with  the  navigation  company,  and  had  100  barrels  more  to  sell. 
The  masons  found  on  slaking  it  that  it  contained  lumps  which  remained  hard, 
and  gave  them  annoyance  in  the  use.  The  plan  was  then  conceived  of  grind 
ing  the  cement  to  make  it  uniform  in  consistency,  and  works  were  erected  for 
this  purpose  on  the  north  side  of  the  Columbia,  by  J.  B.  Knapp,  at  a  place 
which  received  the  name  of  the  manufacturer.  This  article  became  known  in 
the  market  as  Oregon  cement.  Of  quarrying  stone,  few  varieties  have  been  dis 
covered  in  Oregon.  This  is  greatly  due  to  the  overflow  of  basalt,  which  has 
capped  and  concealed  the  other  formations.  On  Milton  Creek,  near  St  Helen, 
was  found  a  bed  of  sandstone,  which  was  quarried  for  the  Portland  market; 
and  sandstone  is  reported  at  various  localities,  but  before  the  Milton  creek 
discovery  stone  was  brought  from  Bellingham  Bay  in  Washington  to  build 
the  custom -house  and  post-office  at  Portland;  and  the  custom-house  at  Astoria 
was  built  of  rock  taken  out  of  the  surrounding  hills. 

In  Marion  county,  and  in  other  parts  of  the  state,  as  well  as  in  Clarke 
county,  Washington,  near  Lewis  River,  a  yellowish  and  a  bluish  gray  marl  is 
found,  which  when  first  quarried  is  easily  cut  into  any  shape,  but  on  exposure 
to  the  air,  hardens  and  forms  stone  suitable  for  many  purposes,  though  always 
rather  friable.  Mantels,  door-sills,  ovens,  and  many  other  things  are  cut  out 
of  this  stone  and  sold  to  the  farmers  in  the  Willamette  Valley,  who  use  it  in 
place  of  brick  in  building  chimneys.  Black  marble  has  been  found  on  the 
north  side  of  the  Columbia,  in  the  Lewis  River  highlands.  A  beautiful  and 
very  hard  white  marble  has  been  quarried  in  Jackson  county,  where  it  became 
an  article  of  commerce,  limited  to  that  portion  of  the  state.  No  other  com 
mon  minerals  have  been  applied  to  the  uses  of  mankind,  with  the  exception 
of  salt.  In  1861  the  manufacture  of  salt  from  brine  obtained  from  wells 
dug  at  the  foot  of  a  high  range  of  hills  six  miles  south-east  of  Oakland,  in 
Douglas  county,  was  attempted,  and  was  so  far  successful  that  about  1,000 
pounds  were  obtained  daily  from  the  evaporation  of  two  furnaces.  The  pro 
jectors  of  this  enterprise  were  Dillard,  Ward,  and  Moore.  The  works  were 
run  for  a  period,  and  then  closed. 

On  the  farm  of  Enoch  Meeker,  about  the  north  line  of  Multnomah  county, 
was  a  salt-spring,  similar  to  those  in  Douglas  county,  and  situated  similarly, 
at  the  foot  of  a  range  of  high,  timbered  mountains.  Meeker  deepened  the 
well  about  twenty-seven  feet,  and  made  a  little  salt  by  boiling,  as  an  experi 
ment.  In  this  well,  at  the  depth  mentioned,  the  workmen  came  upon  the 
charred  wood  of  a  camp-fire,  the  sticks  arranged,  without  doubt,  by  the  hands 
of  men.  The  salt  appeared  good,  but  had  a  bitter  taste.  In  1867  Henry  C. 
Victor  leased  the  salt-spring  and  land  adjoining,  with  a  view  to  establishing 
the  manufacture  of  salt.  Works  were  erected,  which  made  about  two  tons  per 


736  MANUFACTURES. 

day  for  several  months,  lout  the  returns  not  being  satisfactory,  they  were 
closed,  and  the  manufacture  was  never  resumed.  The  salt  made  at  these 
works  granulated  in  about  the  fineness  used  in  salting  butter,  for  which  pur 
pose,  and  for  curing  meats,  it  was  superior  to  any  in  the  market,  being  abso 
lutely  pure,  as  was  proved  by  chemical  tests.  A  sample  of  it  was  taken  to 
the  Paris  exposition  by  Blake,  one  of  the  California  commissioners.  Henry 
C.  Victor  was  born  Oct.  11,  1828,  in  Pennsylvania.  His  parents  removed 
to  Sandusky,  Ohio,  in  his  boyhood,  and  he  was  educated  at  an  academy  in 
Norwalk.  He  studied  naval  engineering,  and  entered  the  service  of  the  U. 
S.  about  the  time  Perry's  expedition  was  fitting  for  Japan,  and  sailed  in  the 
San  Jacinto.  He  was  in  Chinese  waters  at  the  time  of  the  opium  war  with 
the  English,  and  distinguished  himself  at  the  taking  of  the  Barriere  forts,  be 
coming  a  favorite  with  Sir  Jchn  Bowering,  with  whom  he  afterward  corre 
sponded.  After  three  years  in  Asiatic  ports,  he  returned  to  the  U.  S.  and  was 
soon  after  sent  to  the  coast  of  Africa.  The  locality  and  the  time  suggested 
controversies  on  the  slavery  question  and  slave-trade.  Victor  was  in  opposi 
tion  to  some  of  the  officers  from  the  southern  states,  and  in  a  controversy  in 
which  a  southerner  was  very  insulting,  gave  his  superior  officer  a  blow.  For 
this  offense  he  was  suspended,  and  sent  home.  Shortly  after  being  restored 
to  service  came  the  war  for  the  union,  and  he  was  assigned  to  duty  in  the 
blockading  squadron  before  Charleston.  In  February  1863  he  brought  the 
splendid  prize,  Princess  Royal,  to  Philadelphia;  shortly  after  which  he  was 
ordered  to  the  Pacific.  While  cruising  along  the  Mexican  coast,  fever  pros 
trated  a  large  portion  of  the  crew,  Victor  among  the  rest,  who,  having  had 
the  dangerous  African  fever,  was  unfitted  by  it  for  duty,  and  resigned. 
While  at  Manzanillo  he  made  a  survey  of  the  lake  extending  from  this  port 
toward  the  city  of  Colima,  which  becomes  dry  at  some  seasons  and  breeds 
pestilence,  with  a  view  to  cutting  a  canal  to  the  sea  and  letting  in  the  salt 
water.  Selim  E.  Woodworth  of  S.  F.  joined  with  him  and  several  others  in 
forming  a  company  for  this  work.  An  agent  was  employed  to  visit  the  city 
of  Mexico,  and  get  the  consent  of  the  government  to  the  scheme.  Permission 
was  obtained,  but  the  vessel  being  soon  after  brought  to  S.  F.  with  a  disabled 
crew,  and  Victor's  resignation  following,  put  an  end  to  the  canal  scheme,  so 
far  as  its  projectors  were  concerned.  The  year  following,  1864,  Victor  went 
to  Oregon  and  engaged  in  several  enterprises,  chiefly  concerning  coal  and  salt. 
Like  many  others,  they  were  premature.  Mr  Victor  perished  with  the 
foundering  of  the  steamer  Pacific,  in  November  1875,  in  company  with  about 
300  others.  His  wife  was  Frances  Fuller,  whose  writings  are  quoted  in  my 
work. 

Paper,  of  a  coarse  quality,  was  first  made  at  Oregon  City  in  1S67,  but  the 
building  erected  proved  to  be  not  adapted  to  the  business,  and  was  sold  for  a 
flouring  mill  after  running  one  year.  Buck's  Enterjrrises,  MS.,  4-5.  The 
originator  of  the  enterprise,  W.  W.  Buck,  then  built  another  mill,  with  capital 
furnished  by  the  publisher  of  the  Oregonian,  and  was  successful,  manufacturing 
printing  and  wrapping  paper,  which  was  all  consumed  in  and  about  Portland. 
ATash's  Or.,  225;  Adams'  Or.,  31;  HitteWs  Resources,  636. 

The  production  of  turpentine  was  commenced  at  Portland  in  1863,  by  T.  A. 
Wood.  The  factory  was  destroyed  by  fire  in  1864,  after  which  this  article 
was  wholly  imported,  although  the  fir  timber  of  Oregon  afforded  immense 
quantities  of  the  raw  material,  many  old  trees  having  deposits  an  inch  or  more 
in  thickness  extending  for  twenty  feet  between  layers  of  growth.  But  the 
high  price  of  labor  on  the  Pacific  coast  at  the  period  mentioned  was  adverse 
to  its  manufacture,  and  the  close  of  the  civil  war,  allowing  North  Carolina 
to  resume  trade  with  the  other  states,  brought  down  the  price  below  the  cost 
of  production  in  Oregon. 

Pottery  began  to  be  manufactured  at  Buena  Vista  about  1865,  from  clay 
found  at  that  place.  For  several  years  the  business  languished,  the  proprietor, 
A.  N.  Smith,  being  unable  to  introduce  his  goods  into  general  use.  Subse 
quently,  however,  the  Buena  Vista  works  employed  over  fifty  men,  and  fur 
nished  all  descriptions  of  stoneware,  fire-brick,  sewer-pipes,  and  garden-pota 


FLAX  AND  LEATHER.  737 

equal  to  the  best.  Resources  Or.  and  Wash.,  1881,  70-1.  Soap,  for  all  pur 
poses,  was  long  imported  into  Oregon,  the  first  factory  being  established  in 
Portland  in  1S62,  by  W.  B.  Mead.  Or.  An/us,  June  7,  1862.  In  180o  R. 
Irving  commenced  the  manufacture  of  this  article,  and  being  joined  by  G. 
A.  Webb,  the  Oregon  Standard  Soap  Company  was  formed,  which  turned  out 
fifteen  varieties  of  soap,  and  was  the  second  manufactory  of  this  kind  on 
the  Pacific  coast.  Review  Board  of  Trade,  1877,  12;  HittelVs  Resources,  719. 
Vinegar  was  made  for  market  at  Portland  and  Butteville,  to  the  amount  of  four 
hundred  thousand  gallons  annually. 

Fruit-drying  was  carried  on  at  Oregon  City  and  other  points  to  a  consider 
able  extent,  but  no  reliable  figures  are  to  be  found  concerning  tnis  industry, 
which  is  divided  up  among  individual  fruit-raisers.  Patented  movable 
dryers  were  used,  which  could  be  set  up  in  any  orchard.  Plums,  prunes,  pears, 
and  apples  were  the  fruits  commonly  dried,  and  their  excellence  was  unsur 
passed,  the  fruit  being  fine,  and  the  method  of  preserving  leaving  the  flavor 
unexhausted,  and  each  separate  slice  clean  and  whole. 

A  flax-mill  was  established  at  Albany  in  1877,  which  manufactured  5,000 
pounds  of  linen  twines  and  threads  per  month.  The  flax  was  grown  in  Linn 
county,  by  tenant  farmers,  who  worked  on  shares  for  one  third  of  the  crop  at 
twelve  cents  a  pound  for  the  fibre,  and  the  market  price  for  the  seed.  The 
mill  company,  having  two  thirds  of  the  crop  for  rental,  only  paid  for  one  third 
of  the  flax  used,  which  left  them  a  profit  of  about  $9,000  a  year  in  the  fac 
tory.  The  seed  produced  was  worth  $43  an  acre.  It  had  long  been  known  that 
flax  was  a  native  product  of  Oregon.  It  was  discovered  by  experiment  that 
the  cultivation  of  it  was  favored  by  the  soil  and  climate.  Linseed  oil  was  first 
manufactured  at  Salem.  The  company  was  incorporated  in  November  1866. 
Their  machinery,  having  a  capacity  for  crushing  30,000  bushels  of  seed  per 
annum,  was  shipped  around  Cape  Horn,  and  since  1867  the  Pioneer  Oil  Mill  haa 
been  running,  its  capacity  being  increased  to  60,000  bushels.  Brown's  Salem 
Direc.,  1871,  1874;  Gilfrtfs  Or.,  MS.,  86;  U.  S.  Agric.  Kept,  1872,  451.  Toy 
for  upholstering  was  made  at  this  establishment.  The  nure  of  Oregon  flax  is 
very  fine  and  strong,  with  a  peculiar  silkiness  which  makes  it  equal  to  the 
best  used  in  the  manufacture  of  Irish  linens. 

The  first  tannery  in  Oregon,  other  than  household  ones,  was  that  of  Daniel 
H.  Lownsdale,  on  Tanner's  Creek,  just  back  of  the  original  Portland  land 
claim.  Here  was  made  the  leather,  valued  at  §5,000,  which  purchased  Petty- 
grove's  interest  in  the  town.  The  manufacture  of  this  article  has  not  been 
what  the  natural  resources  of  the  country  warranted  until  recently.  Small 
tanneries  existed  at  several  places,  including  Portland,  Salem,  Eugene  City, 
Brownsville,  Coquille  City,  Parkersburg,  and  Milwaukee.  Leinenweber  & 
Co.  of  upper  Astoria  first  connected  the  manufacture  of  leather  -with  the 
making  of  boots  and  shoes. 
was  incorporated  in  1878,  A. 
convict  labor,  and  turned  out  30,000  sidt 
Resources,  495.  Boots  and  shoes  were  made  extensively  by  several  firms. 
Aikin,  who  began  the  manufacture  in  a  small  way  at  Portland,  in  1859,  was 
later  associated  with  Selling  &  Co.,  and  had  a  profitable  trade  with  Idaho 
and  Montana.  The  Oregon  Boot,  Shoe,  and  Leather  Manufacturing  Com 
pany  of  Portland  is  the  successor  to  Hibbard  &  Brazee  who  begun  manu 
facturing  in  1873,  and  projected  the  new  company  in  1881,  which  employed 
fifty  workmen.  The  factory  of  B.  Leinenweber  £  Co.  at  Astoria  cost  $40,000, 
employed  35  workmen,  and  manufactured  $78,000  worth  of  goods  annually. 
Gloves  of  the  coarser  sort  were  made  at  two  places  in  Portland,  and  one  place 
in  Eugene  City.  Saddle  and  harness  making  was  carried  on  in  every  town  of 
any  importance,  but  only  to  supply  the  local  demand.  Wagons  and  carriages 
were  also  manufactured  to  a  limited  extent.  Brooms  and  brushes  were  made  at 
Portland.  Malt  liquors  were  produced  at  thirty-four  different  breweries  in  the 
state,  to  the  amount  of  24,000  barrels  per  annum.  Portland  early  enjoyed  a 
spice  and  coffee  mill,  candy  factory,  and  various  other  minor  industries. 

Manufactures  which  are  secondary  to  trade  are  slow  iu  development,  the 
HIST.  OB.,  VOL.  II.    47 


738  MINES  AND  MINING. 

country  lacking  population  and  excess  of  capital.  But  the  requirements  for 
becoming  a  manufacturing  state  are  present  in  abundance  in  water-power,  tim 
ber,  minerals,  and  the  means  of  rapid  transportation,  and  out  of  the  small 
beginnings  here  referred  to  as  proof  of  what  our  generation  of  men  have  ac 
complished  in  the  face  of  unusual  obstacles,  another  generation  of  their 
descendants  will  be  able  to  evoke  grand  results. 

MINES  AND  MINING. 

I  have  not  yet  particularized  the  mineral  resources  of  Oregon,  except  as  to 
iron  mentioned  incidentally  along  with  manufactures.  Gold,  as  a  precious 
metal,  has  exercised  a  great  influence  in  the  progress  of  the  country.  It 
gave  the  people  a  currency  which  emancipatecl  them  from  the  thraldom  of 
wheat-raising  and  fur-hunting,  by  which  alone  any  trade  could  be  car 
ried  on  previously.  It  improved  their  farms,  built  mills  and  steamboats, 
chartered  ships,  and  loaded  them  with  goods  necessary  for  their  comfort.  It 
enlarged  their  mental  and  social  horizon,  and  increased  their  self-respect.  It 
•was  California  gold  which  first  revolutionized  pioneer  Oregon.  But  there 
was  gold  in  Oregon  sufficient  for  her  needs,  had  it  been  known.  James  D. 
Dana,  of  Wilkes'  exploring  expedition,  remarked  upon  the  appearance  of 
southern  Oregon,  and  its  resemblance  to  other  gold-bearing  regions,  as  early 
as  1841.  Ten  years  later  John  Evans  was  appointed  U.  S.  geologist  to  insti 
tute  researches  on  the  main  line  of  the  public  land  surveys  about  to  be  com 
menced  in  Oregon,  and  was,  through  the  petitions  of  the  Oregon  legislature, 
continued  in  the  service  for  several  years.  Evans  was  thoroughly  identified 
with  the  study  of  Oregon  geology.  He  was  born  in  Portsmouth,  N.  H., 
Feb.  14,  1812;  educated  at  Andover,  studied  medicine,  and  married  a  daugh 
ter  of  Robert  Miles  of  Charleston,  S.  C.  He  was  appointed  assistant  to 
David  Dale  Owen  to  prosecute  some  geological  surveys  in  the  west,  and  soon 
after  completing  this  work  was  sent  to  Oregon.  He  died  of  pneumonia  at 
Washington  city,  April  20,  1861.  Silliman's  Journal,  xxxii.  311-18;  Or. 
Statesman,  May  20,  1861.  But  aside  from  satisfying  the  government  of  the 
value  of  its  territories  in  a  general  way,  these  scientific  surveys  had  little 
bearing  upon  the  actual  development  of  mineral  resources.  Gold  deposits 
were  always  discovered  by  accident  or  the  patient  search  of  the  practical 
miner. 

Following  the  discovery  of  the  placer  mines  of  Rogue  River  Valley  in 
1851  was  the  discovery  of  the  beach  mines  in  1852,  on  the  southern  coast  of 
Oregon.  Late  in  1853  more  than  a  thousand  men  were  mining  south  of  Coos 
Bay.  Then  came  other  discoveries,  and  finally  the  current  of  gold-seeking 
•was  turned  into  eastern  Oregon,  not  altogether  ignoring  the  western  slopes 
of  the  Cascades,  where  mining  districts  were  marked  out,  prospected,  a  pocket 
or  two  of  great  richness  found  and  exhausted,  and  the  district  abandoned. 
These  things  have  been  spoken  of  as  they  occurred  in  the  settlement  of  the 
country. 

The  actual  yield  of  the  mines  could  not  be  determined.  About  Jackson 
ville  and  on  the  head  waters  of  the  Illinois  River  they  were  very  rich  in  spots. 
While  five  dollars  a  day  only  rewarded  the  majority  of  miners,  it  was  not 
uncommon  to  find  nuggets  on  the  Illinois  weighing  forty-six,  fifty-eight,  or 
seventy- three  ounces.  Sac.  Union,  April  23,  July  28,  and  Sept.  10,  1858; 
Dana's  Great  West,  284.  The  Jacksonville  mines  also  yielded  frequent  lumps 
of  gold  from  six  to  ten  ounces  in  weight.  The  introduction  of  hydraulics 
in  mining  about  1857  redoubled  the  profits  of  mining.  As  much  as  $100,000 
was  taken  from  a  single  beach  mine  a  few  miles  north  of  the  Coquille  River. 
About  the  spring  of  1859  quartz  mines  were  discovered  in  Jackson  county, 
which  yielded  at  the  croppings  and  on  top  of  the  vein  fabulous  sums,  but 
which  soon  pinched  out  or  was  lost. 

About  1857  a  discovery  was  made  of  gold  in  the  bed  of  the  Santiam  and 
its  branches  in  Marion  county,  but  not  in  quantities  to  warrant  mining, 
although  a  limited  extent  of  ground  worked  the  following  two  years  paid 


QUARTZ  MINES.  739 

from  four  to  six  dollars  a  day.  Or.  Statesman,  Aug.  11,  1857,  Sept.  28,  1858; 
Or.  Argus,  Aug.  20,  1859.  In  1860  reputed  silver  quartz  was  found  on  both 
the  Santiam  and  Moballa  rivers,  and  many  claims  were  located.  But  it  was 
not  until  1863  that  undoubted  quartz  lodes  were  discovered  in  the  Cascade 
Mountains  on  the  north  fork  of  the  Santiam.  A  camp  called  Quartzville  was 
established  at  a  distance  of  about  fifty  miles  from  Salem  and  Albany  in  the 
autumn  of  that  year,  and  in  the  following  season  some  of  the  leads  were 
slightly  worked  to  show  their  character,  and  yielded  twenty-one  dollars  to 
the  ton,  a  little  more  than  half  in  silver.  Portland  Orecjonian,  July  29,  1864. 
The  most  noted  of  the  veins  in  the  Santiain  district  was  the  White  Bull  lode, 
situated  on  Gold  Mountain,  where  a  majority  of  the  leads  were  found.  It  was 
eight  feet  wide  and  very  rich.  The  Union  company  of  Salem  removed  a 
bowlder  from  one  of  their  claims,  under  which  they  found  first  a  bed  of  gravel 
and  earth  several  feet  in  depth,  then  bastard  granite,  and  beneath  that  a 
bluish  gi'ay  rock  with  silver  in  it.  Beneath  the  latter  was  a  layer  of  decom 
posed  quartz  overlying  the  true  gold-bearing  quartz.  Out  of  this  mine  some 
remarkable  specimens  were  taken.  The  hard  white  rock  sparkled  with  points 
of  gold  all  over  the  surface.  In  some  cavities  where  the  quartz  was  rotten, 
or  at  least  disintegrated  and  yellowed,  were  what  were  called  eagle's-nests; 
namely,  skeins  of  twisted  gold  fibres  of  great  fineness  and  beauty  attached  to 
and  suspended  from  the  sides  of  the  opening,  crossing  each  other  like  straws 
in  a  nest,  whence  the  name.  This  variety  of  gold,  which  is  known  as  thread 
gold,  was  also  found  in  the  mountains  of  Douglas  county. 

The  Salem  company  took  out  about  $20, 000  worth  of  these  specimens,  and 
then  proceeded  to  put  up  a  quartz-mill.  But  the  mine  was  soon  exhausted, 
and  the  treasure  taken  out  went  to  pay  the  expenses  incurred.  This  out 
come  of  the  most  famous  mine  discouraged  the  further  prosecution  of  so  costly 
an  industry,  and  the  Santiam  district  was  soon  known  as  a  thing  of  the  past. 
It  was  the  opinion  of  experts  that  the  gold  was  only  superficial,  and  that  the 
true  veins  were  argentiferous.  A  company  as  late  as  1877  was  at  work  on  the 
Little  North  fork  of  the  Santiam,  which  heads  up  near  Mount  Jefferson, 
tunnelling  for  silver  ore.  At  different  places  and  times  both  gold  and  silver 
have  been  found  in  Marion  and  Clackamas  counties,  but  no  regular  mining  has 
ever  been  carried  on,  and  the  development  of  quartz-mining  by  an  agricultual 
community  is  hardly  to  be  expected.  Surveyor-general's  rept,  1868,  in  Zabris- 
lie,  1046-7,  MS.,  Sec.  Int.  Rept,  1857,  321-6,  40th  cong.  3d  sess. ;  Albany  Regis 
ter,  July  28,  1871;  Corvallis  Gazette,  Sept.  1,  1876.  I  have  already  spoken  of 
the  discovery  of  the  mines  of  eastern  Oregon,  and  its  effect  upon  the  settle 
ment  and  development  of  the  country.  No  absolutely  correct  account  has  ever 
been  kept,  or  could  be  given,  of  the  annual  product  of  the  Oregon  mines,  the 
gold  going  out  of  the  state  in  the  hands  of  the  private  persons,  and  in  all 
directions.  In  1864  the  yield  of  southern  and  eastern  Oregon  together  was 
$1,900,000.  The  estimate  for  1867  was  $2,000,000;  for  1869,  $1,200,000;  for 
1887-8,  over  $1,280,000;  and  for  1881,  $1,140,000.  Review  Board  of  Trade, 
1877,  34;  RlecVs  Progress  of  Portland,  42;  Pacific  North-west,  32-3;  HittelVn 
Resources,  290.  The  annual  yield  of  silver  has  been  put  down  at  $150,000, 
this  metal  being  produced  from  the  quartz  veins  of  Grant  and  Baker  counties, 
the  only  counties  where  quartz-mining  may  be  said  to  have  been  earned  on 
successfully. 

The  Virtue  mine  near  Baker  City  deserves  special  mention  as  the  first 
quartz  mine  developed  in  eastern  Oregon,  or  the  first  successful  quartz  opera 
tion  in  the  state.  It  was  discovered  in  1863  by  two  men  on  their  way  to 
Boise",  who  carried  a  bit  of  the  rock  to  that  place  and  left  it  at  the  office 
of  Mr  Rockfellow,  who  at  once  saw  the  value  of  the  quartz,  and  paid  one 
of  the  men  to  return  and  point  out  the  place  where  it  had  been  found.  Upon 
tracing  up  other  fragments  of  the  quartz,  the  ledge  from  Mrhich  they  came 
was  discovered  and  Rockfellow's  name  given  to  it.  Walla  Walla  Statesman, 
Sept.  5,  1863;  Idaho  Silver  City  Avalanche,  Nov.  11,  1876;  Portland  Oregonian, 
Sept.  16  and  Oct.  7,  1863.  The  Pioneer  mine  and  two  other  lodes  were  dis« 
Covered  at  the  same  time.  An  arastra  was  at  once  put  up,  and  the  Rock- 


740  MINES  AND  MINING. 

fellow  mine  tested.  The  first  specimens  assayed  by  Tracy  and  King  of  Port 
land  showed  $1,3CO  in  gold  and  $20  in  silver  to  the  ton.  Id.,  May  17,  1864. 
In  the  spring  of  1864  Rockfellow  took  J.  S.  Ruckel  of  the  O.  S.  N.  Co.  into 
partnership,  and  two  arastras  were  put  at  work  on  the  ore  from  this  mine. 
A  little  village  sprang  up  near  by,  of  miners  and  artisans,  dependent  upon  the 
employment  afforded  by  it.  In  July  $1,250  was  obtained  out  of  1,500  pounds 
of  rock.  The  gold  was  of  unusual  fineness,  and  worth  $19.50  per  ounce.  LL, 
July  21,  1864.  A  tunnel  was  run  into  the  hill,  intended  to  tap  the  several 
ledges  at  a  depth  of  300  to  500  feet,  and  a  mill  was  erected  on  Powder  River, 
seven  miles  from  the  mine,  on  the  travelled  road  to  Bois6.  It  had  a  capacity 
of  20  stamps,  but  ran  only  12.  It  began  crushing  in  October,  and  shut  down 
in  November,  the  trial  being  entirely  satisfactory.  In  May  1865  it  started 
up  again,  crushing  rock,  the  poorest  of  which  yielded  $30  to  $40  to  the  ton, 
and  the  best  $10,000.  Up  to  this  time  about  $75,000  had  been  expended  on 
the  mine  and  mill.  A  large  but  unknown  quantity  of  gold  was  taken  out  of 
the  mine.  Rockfellow  &  Ruckel  sold  out,  and  about  1871-2  a  company,  of 
which  Hill  Beachy  was  one  and  James  W.  Virtue  another,  owned  and  worked 
the  mine.  It  took  the  name  of  the  Virtue  Gold  Mining  Company.  In  the 
mean  time  Baker  City  grew  up  in  the  immediate  vicinity  of  the  mill,  where 
Virtue  followed  assaying  and  banking,  dependent  largely  upon  the  mine,  and 
which  became  the  county  seat.  In  1872  the  new  company  erected  a  steam 
mill  with  20  stamps,  and  other  buildings,  and  employed  a  much  larger  force, 
extending  tunnels  and  shafts.  In  1876  a  shaft  was  down  600  feet,  connecting 
with  the  various  levels,  and  the  vein  had  been  worked  along  the  line  of  the 
lead  1,200  feet.  The  quartz  is  of  a  milky  whiteness,  hard,  but  not  difficult 
to  crush.  It  yields  from  $20  to  $25  per  ton,  with  a  cost  of  £5  for  mining  and 
milling.  All  the  expenses  of  improvements  have  been  paid  out  of  the  pro 
ceeds  of  the  mine,  which  is  making  money  for  its  owners.  A  foundery  was  es 
tablished  at  Baker  City  in  connection  with  the  mine,  which  besides  keeping 
it  in  repair  has  plenty  of  custom-work. 

The  Emmet  mine,  500  feet  above  the  Virtue,  had  its  rock  crushed  in  the 
Virtue  mill,  and  yielded  $22. 50  per  ton.  Baker  City  Bed  Rock  Democrat,  Feb. 
14,  1872;  Silver  City  Avalanche,  Jan.  8  and  Nov.  II,  1876. 

Among  the  many  veins  of  gold-bearing  quartz  discovered  simultaneously 
in  the  early  part  of  1860,  that  found  by  the  Hicks  brothers  returned  thirty 
ounces  of  gold  to  a  common  mortarful  of  the  rock.  On  the  13th  of  January 
George  Ish  discovered  a  vein  in  an  isolated  butte  lying  twelve  miles  from 
Jacksonville,  in  a  bend  of  Rogue  River,  which  yielded  on  the  first  tests  twelve 
dollars  to  every  pound  of  rock.  Two  bowlders  taken  from  the  surface,  weigh 
ing  forty  and  sixty  pounds  respectively,  contained  one  pound  of  gold  to  every 
five  pounds  of  rock.  No  part  of  the  rock  near  the  surface  contained  less  than 
ten  dollars  to  the  pound,  and  from  a  portion  of  the  quartz  fifteen  dollars  to 
the  pound  was  obtained.  The  first  four  hundred  pounds  contained  404 
ounces  of  gold.  From  a  piece  weighing  four  pounds,  twelve  and  a  half 
ounces  of  gold  were  obtained;  800  pounds  of  rock  produced  60  pounds  -of 
amalgam.  John  E.  Ross,  who  had  a  claim  on  this  butte  called  Gold  Hill, 
realized  an  average  of  $10  to  the  pound  of  rock.  One  piece  weighing  14 
pounds  gave  up  36  ounces  of  gold.  Sat.  Union,  Feb.  16  and  27,  1860;  North 
ern  Yreka  Journal,  Feb.  9,  1860;  SisJciyou  Comity  Affairs,  MS.,  24.  The 
rock  in  the  Ish  vein  was  very  hard  and  white,  with  fine  veins  of  gold  cours 
ing  through  it,  filling  and  wedging  every  crevice.  It  appeared  to  be  a  mine 
of  almost  solid  gold.  Thomas  Cavanaugh,  one  of  the  owners,  refused  $80,- 
000  for  a  fifth  interest.  Ish  and  his  partners  went  east  to  purchase  machinery 
to  crush  the  quartz.  In  the  mean  time  the  casing  rock  was  being  crushed  in 
an  arastra,  and  yielded  $700  a  week,  while  the  miners  were  taking  out  quartz 
preparatory  to  setting  up  the  steam  mill  which  had  been  purchased.  When 
less  than  600  tons  of  quartz  had  been  mined  it  was  found  that  the  vein  was 
detached,  and  to  this  day  the  main  body  of  the  ore  has  not  been  found. 
The  expenses  incurred  ruined  the  company,  and  Gold  Hill  was  abandoned 
after  $130,000  had  been  taken  out  and  expended.  Surveyor -general's  rept,  in 


GRAVEL-MINING.  741 

Zcibriakfe,  1041.  Nor  was  the  Ish  mine  the  only  instance  of  rich  quartz. 
When  veins  began  to  be  looked  for  they  were  found  in  all  directions.  A 
mine  on  Jackson  Creek  yielded  forty  ounces  of  gold  in  one  week,  the  rock 
being  pounded  in  a  common  mortar.  In  May  a  discovery  was  made  on  the 
head  of  Applegate  Creek  which  rivalled  the  Ish  mine  in  richness,  producing 
97  ounces  of  gold  from  22  pounds  of  rock.  Ten  tons  of  this  quartz  yielded 
at  the  rate  of  $2,352  to  the  ton.  Sac.  Union,  Aug.  30,  1860,  and  March  15, 
1S61;  Or.  Statesman,  March  18,  1861. 

Notwithstanding  that  a  number  of  these  flattering  discoveries  were  made, 
quartz-mining  never  was  carried  on  in  Jackson  county  to  any  extent,  owing 
to  the  expense  it  involved,  and  the  feeling  of  insecurity  engendered  by  the 
experiments  of  I860.  In  1866  the  Occidental  Quartz  Mill  Company  was  or 
ganized,  and  a  mill  with  an  engine  of  24  horse-power  was  placed  on  the  Daven 
port  lead  on  Jackson  Creek.  Arastras  were  generally  used,  by  which  means 
much  of  the  gold  and  all  of  the  silver  was  lost.  Within  the  last  dozen  years 
several  mills  have  been  introduced  in  different  parts  of  southern  Oregon. 
The  placers  have  been  worked  continuously,  first  by  Americans  and  after 
wards  by  Chinamen,  who,  under  certain  taxes  and  restrictions,  have  been 
permitted  to  occupy  mining  ground  in  all  the  gold  districts  of  Oregon,  al 
though  the  constitution  of  the  state  forbids  any  of  that  race  not  residing  in 
Oregon  at  the  time  of  its  adoption  to  hold  real  estate  or  work  a  mining  claim 
therein.  The  first  law  enacted  on  this  subject  was  in  December  1860,  when  it 
was  declared  that  thereafter  '  no  Chinaman  shall  mine  gold  in  this  State  un 
less  licensed  to  do  so  as  provided,'  etc.  The  tax  was  $2  per  month,  to  be  paid 
every  three  months  in  advance,  and  to  be  collected  by  the  county  clerk  of 
each  county  where  gold  was  mined  on  certain  days  of  certain  months.  Any 
Chinaman  found  mining  without  a  license  was  liable  to  have  any  property  be 
longing  to  him  sold  at  an  hour's  notice  to  satisfy  the  law.  Ten  per  cent  of 
this  tax  went  into  the  state  treasury.  If  Chinamen  engaged  in  any  kind  of 
trade,  even  among  themselves,  they  were  liable  to  pay  $50  per  month,  to  be 
collected  in  the  same  manner  as  their  mining  licenses.  Or.  Laws,  1869,  49- 
52.  The  law  was  several  times  amended,  but  never  to  the  advantage  of  the 
Chinese,  who  were  made  to  contribute  to  the  revenues  of  the  state  in  a  liberal 
manner. 

The  product  of  the  mines  of  Jackson  county  from  1851  to  1866  has  been 
estimated  at  a  million  dollars  anmialiy,  which,  from  the  evidence,  is  not  an 
over-estimate.  Hint*'  Or.,  288;  Gilfnfs  Or.,  MS.,  51-3. 

The  first  to  engage  in  deep  gravel-mining  was  a  company  of  English  capi 
talists,  who  built  a  ditch  five  miles  long  in  Josephine  county,  on  Galice  Creek, 
in  1875,  and  found  it  pay.  A  California  company  next  made  a  ditch  for 
bringing  water  to  the  Althouse  creek  mines  in  the  same  county.  The  third 
and  longer  ditch  constructed  was  in  Jackson,  county,  and  belonged  to  D.  P. 
Thompson,  A.  P.  Ankeny  &  Co.,  of  Portland,  and  is  considered  the  best  min 
ing  property  in  the  state.  It  conducted  the  water  a  distance  of  twenty- three 
miles  to  the  Sterling  mines  in  the  neighborhood  of  Jacksonville.  Another 
ditch,  built  in  1878,  eleven  miles  long,  was  owned  by  Klipfel,  Hannah  &  Co., 
Jacksonville,  and  by  Bellinger,  Thayer,  Hawthorne,  and  Kelly  of  Portland. 
It  brought  water  from  two  small  lakes  in  the  Siskiyou  Mountains  to  Applegate 
Creek,  and  cost  $30,000.  Ashland  Tidings,  Sept.  27,  1878.  The  results  were 
entirely  satisfactory.  A  company  was  formed  by  W.  R.  Willis,  at  Roseburg, 
in  1878,  with  a  capital  of  half  a  million  for  carrying  on  hydraulic  mining  on 
the  west  bank  of  Applegate  Creek.  They  purchased  the  water  rights  and 
improvements  of  all  the  small  miners,  and  took  the  water  out  of  the  creek 
above  them  for  their  purposes.  J.  C.  Tolman  of  Ashland  in  the  same  year 
brought  water  from  the  mountains  to  the  Cow  Creek  mines.  The  Chinamen 
of  Rogue  River  Valley  also  expended  $25,000,  about  this  time,  in  a  ditch  to 
bring  water  to  their  mining  ground,  and  with  good  results.  Duncan's  South 
ern  Or.,  MS.,  10.  Thus,  instead  of  the  wild  excitement  of  a  few  years  in 
which  luck  entered  largely  into  the  miner's  estimate  of  his  coming  fortune, 
there  grew  up  a  permanent  mining  industry  in  Jackson  county,  requiring  the 


742  MINES  AND  MINING. 

investment  of  capital  and  making  sure  returns.  In  a  less  degree  the  same 
nay  be  said  of  Douglas  county,  and  also  of  Coos  when  the  hydraulic  process  is 
applied  to  the  old  sea-beaches  about  four  miles  from  the  ocean,  which  are  rich 
and  extensive. 

It  was  not  until  1866  that  silver  ledges  received  any  attention  in  southern 
Oregon.  The  first  location  was  made  one  mile  west  of  Willow  Springs,  in 
Rogue  River  Valley,  on  the  crest  of  a  range  of  hills  running  parallel  with  the 
Oregon  and  California  road.  This  was  called  the  Silver  Mountain  ledge,  waa 
eight  feet  in  width  at  the  croppings,  and  was  one  of  three  in  the  same  vicinity. 
Jacksonville  Reporter,  Jan.  13,  1866;  Jacksonville  Reveille,  Jan.  11,  1866; 
Portland  Oregonian,  Jan.  27,  1866.  In  the  following  year  silver  quartz  was 
discovered  in  the  mountains  east  of  Roseburg.  Some  of  the  mines  located  by 
incorporated  companies  in  Douglas  county  were  the  Monte  Rico,  Gray  Eagle, 
Excelsior,  and  Last  Chance,  these  ledges  being  also  gold-bearing.  This  group 
of  mines  received  the  name  of  the  Bohemia  district.  E.  W.  Gale  and  P. 
Peters  were  among  the  first  discoverers  of  quartz  in  Douglas  county.  Roseburg 
Ensign,  Sept.  14  and  21,  1867;  Salem  Willamette  Farmer,  July  9,  1870.  On 
Steamboat  Creek,  a  branch  of  the  Umpqua,  James  Johnson,  a  California  miner, 
discovered  a  gold  mine  in  quartz  which  assayed  from  $500  to  $1,000  to  the 
ton.  Owing  to  its  distance  from  the  settlements  and  the  difficulty  of  making 
a  trail,  it  was  neglected.  The  Monte  Rico  silver  mine,  in  the  Bohemia  dis 
trict,  yielded  nearly  two  hundred  dollars  per  ton  of  pure  silver.  In  1868  the 
Seymour  City  and  Oakland  mines  were  located,  all  being  branches  of  the  same 
great  vein.  John  A.  Veatch  describes  the  Bohemia  district  as  pertaining  as 
much  to  Lane  as  Douglas  county,  and  lying  on  both  sides  of  the  ridge  sepa 
rating  the  waters  of  the  Umpqua  and  Willamette.  He  called  it  a  gold-bearing 
district,  with  a  little  silver  in  connection  with  lead  and  antimony.  Specimens 
of  copper  were  also  found  in  the  district.  Id.,  July  12,  1869.  John  M.  Foley, 
in  the  Roseburg  Ensign  of  August  29,  1868,  describes  the  Bohemia  district  as 
resembling  in  its  general  features  the  silver-bearing  districts  of  Nevada  and 
Idaho.  There  is  no  doubt  that  gold  and  silver  will  at  some  period  of  the  fu 
ture  be  reckoned  among  the  chief  resources  of  Douglas  county,  but  the  rough 
and  densely  timbered  mountains  in  which  lie  the  quartz  veins  present  obsta 
cles  so  serious,  that  until  the  population  is  much  increased,  and  until  it  is  less 
easy  to  create  wealth  in  other  pursuits,  the  mineral  riches  of  this  part  of  the 
country  will  remain  undeveloped. 

The  other  metals  which  have  been  mined,  experimentally  at  least,  in 
southern  Oregon,  are  copper  and  cinnabar.  Copper  was  discovered  in  Jose 
phine  county  on  the  Illinois  River  in  1856,  near  where  a  vein  called  Fall 
Creek  was  opened  and  worked  in  1863.  The  first  indications  of  a  true  vein  of 
copper  ore  were  found  in  1859,  by  a  miner  named  Hawes,  on  a  hill  two  miles 
west  of  Waldo,  in  the  immediate  vicinity  of  the  famous  Queen  of  Bronze 
mine,  and  led  to  the  discovery  of  the  latter.  The  Queen  of  Bronze  was  pur 
chased  by  De  Hierry  of  San  Rafael,  California,  who  expended  considerable 
money  in  attempts  to  reduce  the  ore,  which  he  was  unable  to  do  profitably. 
The  Fall  Creek  mine  was  also  a  failure  financially.  Its  owners — Crandall, 
Moore,  Jordan,  Chiles,  and  others — made  a  trail  through  the  mountains  to 
the  coast  near  the  mouth  of  Chetcoe  River,  a  distance  of  forty  miles,  where 
there  was  an  anchorage,  superior  to  that  of  Crescent  City,  from  which  to  ship 
their  ore,  but  the  expenditure  was  a  loss.  In  this  mine,  as  well  as  in  the 
Queen  of  Bronze,  the  ore  became  too  tough  with  pure  metal  to  be  mined  by 
any  means  known  to  the  owners. 

The  first  knowledge  of  cinnabar  in  the  country  was  in  1860,  when  R.  S. 
Jewett  of  Jackson  county,  on  showing  a  red  rock  in  his  mineral  collection  to 
a  traveller,  was  told  that  it  was  cinnabar.  The  Indians  from  whom  he  had 
obtained  it  could  not  be  induced  to  reveal  the  locality,  so  that  it  was  not  until 
fifteen  years  later  that  a  deposit  of  the  ore  was  found  in  Douglas  county,  six 
miles  east  of  Oakland.  The  reason  given  for  concealing  the  location  of  the 
cinnabar  mine  was  that  the  Indians  had,  by  accident,  and  by  burning  a  large 
fire  on  the  rock,  salivated  themselves  and  their  horses,  after  which  they  had 


COAL-FIELDS.  743 

a  superstitious  fear  of  it.  Rogue  River  John,  on  seeing  Jewett  throw  a  piece 
of  the  rock  upon  the  lire,  left  his  house,  and  could  not  be  induced  to  return. 
Portland  West  Shore,  Nov.  1878,  73.  The  owners  erected  a  furnace  capable 
of  retorting  six  hundred  pounds  per  day  to  test  the  mine,  and  obtained  an 
average  of  forty  dollars'  worth  of  quicksilver  from  this  amount  of  ore.  The 
mine  was  then  purchased  by  the  New  Idria  company,  which  put  up  two  fur 
naces,  capable  of  retorting  three  tons  daily.  The  assay  of  the  ore  yielded 
from  sixty  to  eighty  pounds  of  pure  quicksilver  per  ton.  Fuel  being  plenty 
and  cheap  made  this  a  profitable  yield.  The  mine  was  owned  entirely  in  Ore 
gon.  The  officers  were  A.  L.  Todd  president,  A.  C.  Todd  secretary,  J.  P. 
Gill  treasurer,  J.  W.  Jackson  superintendent,  T.  S.  Rodabaugh  agent.  Gill, 
Ilodabaugh,  and  Jackson  composed  the  board  of  directors.  The  cost  of  open 
ing  up  the  Nonpareil  mine  was  $40,000.  Roseburg  Plaiudeakr,  Sept.  20,  1879. 
Partial  discoveries  of  tin  have  been  made  in  Douglas  county,  but  no  mine  has 
yet  been  found.  Among  the  known  mineral  productions  of  the  southern 
counties  are  marble,  salt,  limestone,  platina,  borax,  and  coal.  The  latter 
mineral  was  discovered  about  the  same  time  near  the  Columbia  and  at  Coos 
Bay. 

The  first  coal  discoveries  at  Coos  Bay  were  made  in  1853  near  Empire  City 
and  North  Bend.  The  first  to  be  worked  was  the  Marple  and  Foley  mine, 
about  one  mile  from  the  bay,  which  was  opened  in  1854.  It  was  tried  on  the 
steamer  Crescent  City  in  May  of  that  year,  and  also  in  S.  F.,  and  pronounced 
good.  S.  F.  Alta,  May  6,  12,  1854.  The  first  cargo  taken  out  was  carried  in 
wagons  to  the  bay,  and  transferred  to  flat-boats,  which  conveyed  it  to  Empire, 
where  it  was  placed  on  board  the  Chanseij  for  S.  F.  The  vessel  was  lost  on 
the  bar  in  going  out,  but  soon  after  another  cargo  was  shipped,  which  reached 
its  destination,  where  it  was  sold  at  a  good  profit.  This  mine  was  abandoned 
on  further  exploration,  the  next  opened  being  at  Newport  and  Eastport,  in 
1858.  James  Aiken  discovered  these  veins.  The  Eastport  mine  was  opened 
by  Northrup  and  Symonds,  and  the  Newport  mine  by  Rogers  and  Flannagan. 
The  early  operations  in  coal  at  Coos  Bay  were  expensive,  owing  to  the  crudi 
ties  of  the  means  employed.  The  Eastport  mine  \vas  sold  in  1868  to  Charles 
and  John  Pershbaker,  and  subsequently  to  another  company.  According  to 
the  S.  F.  Times  of  March  6,  18(39,  the  purchasing  company  were  J.  L.  Pool, 
Howard,  Levi  Stevens,  I.  W.  Raymond,  J.  S.  Dean,  Oliver  EMridge,  Claus 
Spreckels,  and  W.  H.  Sharp.  Rogers  sold  his  interest  in  the  Newport  mine 
to  S.  S.  Mann.  These  two  mines  have  been  steadily  worked  for  sixteen  years, 
and  are  now  in  a  better  condition  than  ever  before.  Several  others  have 
been  opened,  with  varying  success,  the  Southport  mine,  opened  in  1875,  being 
the  only  successful  rival  to  Newport  and  Eastport. 

The  coal-fields  at  Coos  Bay  appear  to  extend  from  near  the  bay  to  a  dis 
tance  of  five  miles  or  more  inland,  through  a  range  of  hills  cropping  out  in 
gulches  or  ravines  running  toward  the  bay,  and  011  the  opposite  side  of  the 
ridge.  The  strata  lie  in  horizontal  planes,  having  in  some  places  a  slight  in 
clination,  but  generally  level,  and  have  a  thickness  of  from  eight  to  ten  feet. 
They  are  easily  reached  by  from  three  to  five  miles  of  road,  which  brings 
them  to  navigable  water.  The  same  body  of  coal  underlies  the  spurs  of  the 
Coast  Range  for  hundreds  of  miles.  It  has  been  discovered  in  almost  every, 
county  on  the  west  side  of  the  Willamette,  and  along  the  coast  at  Port  Orforcl, . 
Yaquina  and  Tillamook  bays,  on  the  Nehalem  River,  and  in  the  highlands  of 
the  Columbia.  A  large  body  of  it  exists  within  from  one  to  seven  miles  of  .the 
river  in  Columbia  county.  Discoveries  of  coal  have  also  been  made  in  eastern 
Oregon,  near  Canon  City,  and  on  Snake  River,  three  miles  from  Farewell 
bend.  Roseburg  Independent,  Nov.  1,  1879;  Oregon  Facts,  15-16;  Corvallis 
Gazette,  April  13,  1867;  Portland  West  Shore,  Feb.  1876,  and  Jan.  and  March 
1877;  S.  F.  Mining  and  Scientific  Press,  Dec.  14,  1872;  Gale's  Resources  of  Coos 
County,  45-56;  Browne's  Resources,  237;  Resources  of  Southern  Or.,  10-12. 

With  regard  to  the  quality  of  the  coals  in  Oregon,  they  were  at  first  classed 
by  geologists  with  the  brown  lignites.  'This  name,' says  the  Astorian  of 
Aug.  29,  1879,  '  is  an  unfortunate  one,  as  it  is  now  proved  that  the  coals  called 


744  IMPORTS  AND  EXPORTS. 

lignites  are  not  formed  of  wood  to  any  greater  extent  than  are  the  coals  of  the 
carboniferous  period.  It  gives  the  impression  of  an  inferior  coal,  which  in  the 
main  is  a  mistaken  idea,  for  coals  of  every  quality,  and  fit  for  all  uses,  can  be 
found  in  the  so-called  lignites  of  the  Pacific  coast.'  An  analysis  of  Coos  Bay 
coal,  made  in  1877,  gave  water  9.87,  sulphur  3.73,  ash  10.80,  coke  50.00,  vola 
tile  gases  26.40.  S.  F.  Call,  June  23,  1867.  Another  analysis  by  Evans  gave 
carbon  in  coke  60.30,  volatile  gases  25.50,  moisture  9.00,  ash  4.70;  specific 
gravity  1.384.  Or.  Statesman,  Aug.  18,  1857.  It  varies  in  appearance  and 
character  in  different  localities.  At  Coos  Bay  it  is  described  as  a  clean,  black 
coal,  of  lustrous  chonchoidal  fracture,  free  from  iron  pyrites,  with  no  trace  of 
sulphur,  burning  without  any  disagreeable  odor  and  comparatively  little  ash. 
It  cakes  somewhat  in  burning  and  gives  off  considerable  gas.  This  descrip 
tion  applies  equally  well  to  the  coal  on  the  Columbia  River,  where  it  is  has 
been  tested,  and  to  the  mines  on  Puget  Sound.  In  certain  localities  it  is 
harder  and  heavier,  and  the  same  mine  in  different  veins  may  contain  two  or 
more  varieties.  Later  scientists  speak  of  them  as  brown  coals,  and  admit 
that  they  are  of  more  remote  origin,  and  have  been  subjected  to  greater  heat 
and  pressure  than  the  lignites,  but  say  that  they  occupy  an  intermediate 
position  between  them  and  the  true  coals.  U.  S.  Jf.  Ex.  Doc.,  x.  206,  42d 
cong.  2d  sess.  It  would  be  more  intelligent  to  admit  that  nature  may  produce 
a  true  coal  different  from  those  in  England,  Pennsylvania,  or  Australia. 

The  cost  of  producing  coals  at  Coos  Bay  is  one  dollar  a  ton,  and  fifteen 
cents  for  transportation  to  deep  water.  Transportation  to  S.  F.  is  two  dol 
lars  a  ton  in  the  companies'  own  steamers  of  seven  and  eight  hundred  tons. 
In  1856  it  was  $13  per  ton,  and  coal  $40.  The  price  varies  with  the  market. 
Relatively,  Coos  Bay  coal  holds  its  own  with  the  others  in  market.  The 
prices  for  1873  were  as  follows:  Sidney,  $17;  Naniamo  (V.  I.),  $10;  Bellingham 
Bay,  $15;  Seattle,  $16;  Rocky  Mountain,  $16;  Coos  Bay,  $15;  Monte  Diablo 
(Cal.),  $12.  S.  F.  Bulletin,  Jan.  14,  1873.  Prices  have  been  lowered  several 
dollars  by  competition  with  Puget  Sound  mines.  The  value  of  the  coals 
exported  from  Coos  Bay  in  1876-7  was  $317,475;  in  1877-8  it  was  $218,410; 
and  in  1878-9  it  was  $150,255.  This  falling-off  was  owing  to  competition 
with  other  coals,  foreign  and  domestic,  and  the  ruling  of  lower  prices  for 
fuel.  Still,  as  the  cost  of  Coos  Bay  coals  laid  down  in  S.  F.  is  less  than  four 
dollars,  there  is  a  good  margin  of  profit. 

IMPORTS  AND  EXPORTS, 

I  will  now  give-a  few  statistics  concerning  imports  and  exports.  In  1857 
Oregon  had  60,000  inhabitants,  and  shipped  60,000  barrels  of  flour,  3,000,000 
pounds  of  bacon  and  pork,  250,000  pounds  of  butter,  25,000  bushels  of 
apples,  $40,000  worth  of  chickens  and  eggs,  $200,000  worth  of  lumber,  $75,- 
000  worth  of  fruit-trees,  $20,000  worth  of  garden-stuff",  and  52,000  head  of 
cattle,  the  total  value  of  which  was  $3,200,000.  The  foreign  trade,  if  any, 
was  very  small.  In  1861  the  trade  with  California  amounted  to  less  than 
two  millions,  which  can  only  be  accounted  for  by  the  greater  home  consump 
tion  caused  by  mining  immigration,  and  the  lessened  production  consequent 
upon  mining  excitement.  This  year  the  imports  from  foreign  countries 
amounted  only  to  $1,300,  and  the  exports  to  about  $77,000.  During  the 
next  decade  the  imports  had  reached  about  $700,000,  and  the  exports  over 
$800,000.  In  1881  the  imports  were  a  little  more  than  $859,000,  and  the 
direct  exports  $9,828,905,  exclusive  of  the  salmon  export,  which  amounted  to 
$2,750,000,  and  the  coastwise  trade,  which  was  something  over  six  millions, 
making  an  aggregate  of  more  than  eighteen  and  a  half  millions  for  1881.  or 
an  increase  of  almost  a  million  annually  for  the  twenty  years  following  1860. 
Jteid's  Progress  of  Portland,  42;  Hitteil's  Resources  Pacific  North-went,  57-8; 
Smalle;/' s  Hint.  N.  P.  ft.  If.,  374.  The  increase,  however,  was  gradual  until 
1874,  when  the  exports  suddenly  jumped  from  less  than  $700,000  to  nearly  a 
million  and  a  half,  after  which  they  advanced  rapidly,  nearly  doubling  in 
1881  the  value  of  1880. 


COMMERCE. 


745 


The  imports  to  Oregon  have  consisted  of  liquors,  glass,  railway  iron,  tin, 
and  a  few  minor  articles  which  come  from  England;  coal  comes  from  Aus 
tralia  as  ballast  of  wheat  vessels;  general  merchandise  from  China;  rice, 
sugar,  and  molasses  from  the  Hawaiian  Islands;  and  wool,  ore,  and  hides  from 
British  Columbia.  The  exports  from  Oregon  consist  of  wheat,  oats,  flour, 
lumber,  coal,  wool,  salmon,  canned  meats,  gold,  silver,  iron,  live-stock,  hops, 
potatoes,  hides,  fruit,  green  and  dried,  and  to  some  extent  the  products  of 
the  dairy.  A  comparative  statement  of  the  principal  exports  is  given  for  the 
year  ending  August  1878,  in  Reid's  Progress  of  Portland,  a  pamphlet  pub 
lished  in  1879  by  the  secretary  of  the  Portland  board  of  trade. 

1877-8.  1876-7. 

Salmon  to  S.  F.,  in  cases,  value $980,956      $1,750,350 

Wheat,  flour,  oats,  hops,  potatoes,  lumber,  hides, 
pickled  salmon,  treasure,  and  all  domestic  prod 
ucts  from  the  Columbia  to  S.  F.,  except  wool 

and  coal 3,765,687        2,332,000 

Wool  exports  via  San  Francisco 998,305  756,000 

Coal  from  Coos  Bay  21«,410  317,475 

Lumber  from  Coos  Bay  and  the  coast 151,234  173,367 

Total  to  San  Francisco $6,124,492  $5,329,192 

Wheat  and  flour  direct  to  the  United  Kingdom, 

value 4,872,027  3,552,000 

Canned  salmon  direct  to  Great  Britain,  value 1,326,056  737,830 

Beef  and  mutton,  canned  and  imcanned,  value 133,895  365,733 

Wheat,  flour,  and  other  products  to  the  Sandwich 

Islands  and  elsewhere,  value 637,636  386,600 

Gold  and  silver  from  Oregon  mines,  value 1,280,867  1,200,030 

Cattle  to  the  eastern  states,  etc ... , 270,000  


$14,644,973     $11,571,355 

Increase  in  one  year. 3,073,618 

The  number  of  vessels  clearing  at  the  custom-house  of  Portland  and  Astoria 
for  1880  was  141,  aggregating  213,143  tons  measurement;  93  of  these  vessels 
were  in  the  coastwise  trade,  the  remaining  48,  measuring  40,600  tons,  were 
employed  in  the  foreign  trade.  In  1881  the  clearances  for  foreign  ports  from 
Portland  alone  were  140,  measuring  130.000  ton5!,  and  the  clearances  for 
domestic  ports,  including  steamships,  were  not  less  than  100,  making  an 
increase  in  the  number  of  sea-going  vessels  of  ninety-nine. 


CHAPTER  XXIV. 

LATER  EVENTS. 

1887-1888 

RECENT  DEVELOPMENTS  IN  RAILWAYS— PROGRESS  OF  PORTLAND— ARCHITEC 
TURE  AND  ORGANIZATIONS — EAST  PORTLAND — IRON  WORKS — VALUE  OP 
PROPERTY — MINING  -CONGRESSIONAL  APPROPRIATIONS — NEW  COUNTIES 
— SALMON  FISHERIES —LUMBER — POLITICAL  AFFAIRS — PUBLIC  LANDS — 
LEGISLATURE— ELECTION. 

TAKING  a  later  general  view  of  progress,  I  find  that 
the  multiplication  of  railroad  enterprises  had  become 
in  1887-8  a  striking  feature  of  Oregon's  unfolding. 
In  this  sudden  development,  the  Northern  Pacific  had 
taken  the  initiative,  causing  the  construction  of  the 
lines  of  the  Oregon  Railway  and  Navigation  Com 
pany,  the  formation  of  the  Oregon  and  Transconti 
nental  and  other  companies,  and  finally  the  control 
for  a  time  of  the  Northern  Pacific  by  the  Oregon 
interest.1  That  these  operations  miscarried  to  some 
extent  was  the  natural  sequence  of  overstrained 
effort.  The  city  of  Portland,  and  to  a  considerable 
extent,  the  state,  suffered  by  the  neglect  of  the 
Northern  Pacific  Terminal  Company  to  construct  a 

ll  have  already  referred  to  the  O.  R.  &  N.  co.'s  origin  and  management 
in  1879-83,  but  reference  to  the  methods  employed  by  Villard  will  not  be 
out  of  place  here.  He  gained  an  introduction  to  Oregon  through  being  the 
financial  agent  of  the  German  bond-holders  of  the  Or.  and  Cal.  R.  R.,  and  a 
year  afterward  was  made  president  of  this  road  and  the  Oregon  Steamship 
co.,  of  which  Holladay  had  been  president,  through  the  action  of  the  bond- 
holders  in  dispossessing  Holladay  in  1875.  In  1872  a  controlling  interest  in 
the  Oregon  Steam  Navigation  co. ,  on  the  Columbia  river,  had  been  sold  to 
the  Northern  Pacific  R.  R.  co.,  and  was  largely  hypothecated  for  loans,  or 
on  the  failure  of  Jay  Cooke  &  Co.,  divided  among  the  creditors  as  assets. 
This  stock  was  gathered  up  in  1879  wherever  it  could  be  obtained,  at  a  price 
much  below  its  real  value. 
(746) 


RAILROADS.  747 

bridge  over  the  Willamette  river,  and  erect  depot 
buildings  on  the  west  side.2  These  drawbacks  to  the 
perfection  of  railroad  service  were  removed,  so  far 
as  a  bridge  is  concerned,  in  June  1888,  when  the 
Oregon  Railway  and  Navigation  Company  completed 
one,  which  was  followed  soon  after  by  the  erection  of 
the  present  union  dep6t. 

In  the  meantime  two  important  changes  took  place 
in  the  railway  system  of  the  state.  Negotiations 
had  been  for  three  years  pending  for  the  purchase  of 
the  bankrupt  Oregon  and  California  railroad,  which 
were  renewed  in  January  1887.  The  terms  of  the 
proposed  agreement  were,  in  effect,  that  the  first 
mortgage  bond-holders  *  should  be  paid  at  the  rate  of 
110  for  their  new  forty -years'  gold  five  per  cent  bonds, 
guaranteed  principal  and  interest,  by  the  Southern 
Pacific  Railroad  Company  of  California,  together 
with  four  pounds  in  cash  for  each  old  bond;  the  new 
bonds  to  be  issued  at  the  rate  of  $30,000  per  mile, 
and  secured  by  a  new  mortgage,  equivalent  in  point 
of  lien  and  priority  to  the  first  mortgage,  and  bearing 
interest  from  July  1,  1886.  Preferred  stockholders 
would  receive  one  share  of  Central  Pacific,  together 
with  four  shillings  sterling  for  each  preferred  share, 
and  common  stockholders  one  share  of  Central 
Pacific  and  three  shillings  for  every  four  common 
shares.  The  transfer  actually  took  place  on  the  first 
of  May,  1887,  and  the  road  was  completed  to  a 
junction  at  the  town  of  Ashland  on  the  17th  of  De 
cember  of  that  year.  This  sale  gave  the  California 
system  the  control  of  the  trunk  line  to  the  Columbia 
river,  and  gave  encouragement  to  the  long  contem 
plated  design  of  its  managers  to  extend  branch  lines 
eastward  into  Idaho  and  beyond.  The  Southern 
Pacific  Company  also  purchased  the  Oregon  railway 

2  The  obstructing  influence  in  the  bridge  matter  was  the  N.  P.  co.,  whose 
consent  was  obtained  only  after  the  return  to  power  of  Villard. 

3  Suits  of  foreclosure  had  been  entered  in  the  U.  S.  circuit  court  at  Port 
land,  Deady,  judge,  which  were  dismissed  June  4,  1888,  on  petition  of  the 
S.  P.  co, 


748  LATER  EVENTS. 

in  1887,  which  had  been  sold  in  1880  to  William 
Reid  of  Portland. 

At  the  same  time  the  Union  Pacific,  having  modi 
fied  its  views  since  the  period  when  it  was  offered  an 
interest  in  the  Oregon  Railroad  and  Navigation  Com 
pany,  desired  to  secure  a  perpetual  lease  of  this  prop 
erty.  To  this  proposition  the  Oregon  people  were 
largely  friendly,  because  it  would  change  the  status 
of  the  road  from  a  merely  local  line  to  a  link  in  a 
through  line  to  Omaha,  the  other  link  being  the 
Oregon  Short  Line  railroad,  a  Wyoming  corporation, 
but  controlled  by  the  Union  Pacific.  The  lease  was 
signed  January  1,  1887,  and  was  made  to  the  Oregon 
Short  Line,  the  rental  being  guaranteed  by  the 
Union  Pacific  at  five  per  centum  of  the  earnings  of 
the  demised  premises.4 

Seeing  in  this  arrangement  a  future  railroad  war  in 
which  the  Northern  Pacific  and  Union  Pacific  would 
be,  if  not  equal,  at  least  coincident  sufferers,  Villard, 
who  had  regained  his  standing  in  the  company  by 
coming  to  its  relief  with  funds  to  construct  the  costly 
Cascades  division,  desired  to  make  the  lease  a  joint 
one,  by  which  means  the  threatened  competition 
should  be  avoided.  But  competition  was  not  unde 
sirable  to  the  people,  who  had  more  cause  to  fear 
pooling.  Besides,  it  was  but  natural  that  the  North 
ern  should  wish  to  occupy  all  the  country  north  of 
Snake  river  with  its  own  feeders,  and  to  confine  the 
Oregon  road  to  the  country  south  of  it.  But  the 
wheat  region  of  eastern  Washington,  and  the  rich 
mineral  region  of  northern  Idaho,  were  the  fields  into 
which  Oregon  wished  to  extend  its  business.  These 
points  being  brought  forward  in  the  discussion  of  the 

4  It  was  necessary  to  pass  a  special  act  giving  authority  to  the  0.  R.  &  N. 
to  make  the  lease.  The  legislature  after  much  argument  passed  it;  it  waa 
not  signed  by  Gov.  Pennoyer,  but  became  a  law  without  his  signature.  Ac 
cording  to  the  corporation  laws  of  Oregon,  the  lease  of  any  railway  to  a 
parallel  or  competing  line  is  prohibited.  But  a  good  deal  of  the  opposition 
to  the  lease  came  from  the  Oregon  Pacific,  or  Yaquina,  R.  R.,  which  desired 
as  much  territory  as  it  could  by  any  means  secure  in  eastern  Oregon,  and 
feared  so  strong  a  competitor  as  the  U,  P.  R.  R, 


GENERAL  DEVELOPMENT.  749 

propesed  joint  lease,  it  was  endeavored  to  smooth  the 
way  to  an  agreement  by  conceding  to  the  Oregon  line 
the  carrying  trade  arising  over  a  portion  of  the  North 
ern  feeders.5 

The  agreement  gave  the  right  and  power,  after 
July  1,  1888,  for  ninety-nine  years,  to  the  Oregon 
Short  Line  and  Northern  Pacific  companies  jointly 
to  manage,  operate,  and  control  the  Oregon  Railroad 
and  Navigation  Company's  railroad;  to  fix  rates  of 
transportation,  to  dispose  of  the  revenues  equally  be 
tween  them,  and  to  pay  equally  the  rental  agreed 
upon  in  the  original  lease.  It  being  apparent  to  the 
enemies  of  this  arrangement  that  the  majority  of  the 
directors  of  the  Oregon  company  would  be  persuaded 
to  sign  the  lease,  a  temporary  injunction  was  applied 
for  in  the  state  circuit  court  by  Van  B.  De  Lashmutt, 
mayor  of  Portland,  which  injunction  was  granted 
March  1888,  upon  the  ground  of  violation  of  Oregon 
law.  It  was  subsequently  dissolved,  and  the  lease 
went  into  effect  in  July  of  that  year.  None  of  the 
parties  to  the  agreement  pretended  that  it  would 
stand  a  legal  test,  but  knew  that  it  was  liable  to  be 
abrogated  at  any  time  when  circumstances  should 
make  it  repugnant  to  either  of  the  joint  lessees.6 

The  Oregon  Pacific,  a  name  given  to  the  Corvallis 
and  Yaquina  Bay  railroad,  subsequent  to  the  incep 
tion,  was  completed  to  Albany  in  1886,  where  a  bridge 
over  the  Willamette  was  formally  opened  on  the  6th 
of  January,  1887.7  It  was,  and  still  is,  making  its 

5  That  is   on  the  existing  or  future  feeders  of  the  N.  P.  between  Pend 
d'Oreille  lake  an  I  Snake  river,  and  option  was  allowed  to  use  either  route  to 
tide-water — via  Portland  or  Tacoma;  but  unless  specially  consigned  other 
wise,  this  traffic  should  take  the  Oregon  route. 

6  It  is  not  clear  to  me  what  was  Villard's  motive  for  wishing  to  join  in  the 
U.  P.  's  lease.     The  motive  of  that  company,  which  the  Central  Pacific  had 
kept  out  of  California,  in  desiring  to  come  to  the  Pacific  coast  is  easy  to  com 
prehend.     The  O.  R.  &  N.  erred,  in  my  judgment,  in  yielding  the  control  of 
the  best  railroad  property  on  the  northwest  coast  to  a  company  with  the 
standing  of  the  U.  P.    The  Southern  Pacific  will  show  its  hand  in  competition 
soon  or  late,  and  will  build  more  feeders  than  the  U.  P.,  while  the  N.  P.,  on 
the  other  side,  will  make  the  most  of  its  reserved  rights,  thus  narrowing 
down  the  territory  of  the  leased  road. 

7  The  first  freight  train  to  enter  Albany  was  on  Jan.  13,  1887. 


750  LATER  EVENTS. 

way  eastward  from  that  town,  through  a  pass  at  the 
head  waters  of  the  Santiam  river.  From  the  summit, 
which  is  4,377  feet  above  sea  level,  the  descent  was 
easy  and  from  Des  Chutes  river  the  route  laid  out 
passed  through  a  farming  country  equal  in  produc 
tiveness  to  the  famous  wheat-growing  basin  of  the 
Columbia  in  Washington,  taking  in  the  Harney  and 
Malheur  valleys,  running  through  a  pass  in  the  moun 
tains  to  Snake  river  and  thence  to  Boise,  there  to 
connect  with  eastern  roads.  The  road  at  Yaquina 
connects  with  the  Oregon  Development  Company's 
line  of  stoamers  to  San  Francisco.  The  last  spike 
was  driven  January  28,  1887,  on  a  railroad  from  Pen- 
dleton  in  eastern  Oregon  to  the  Walla  Walla,  and 
other  extensions  of  the  Oregon  Railway  and  Naviga 
tion  Company's  lines  speedily  followed.  . 

The  Portland  and  Willamette  valley  railroad  is  an 
extension  of  the  narrow  guage  system  of  the  western 
counties  before  described.  It  was  carried  into  Port 
land  along  the  west  bank  of  the  Willamette,  in  the 
autumn  of  1887,  and  affords  easy  and  rapid  transit  to 
the  suburban  residences  within  a  few  miles  of  the  city 
by  frequent  local  as  well  as  through  trains.8 

Portland  improved  rapidly  between  1880  and  1888. 
It  left  off  its  plain  pioneer  ways,  or  all  that  was  left 
of  them,  and  projected  various  public  and  private 
embellishments  to  the  city.  It  erected  two  theatres, 
and  a  pavilion  in  which  were  held  industrial  exhibi 
tions.  A  beautiful  medical  college  was  a  triumph  of 

O  J. 

architecture.  The  school  board,  inspired  by  the  dona 
tion  of  $60,000  to  the  school  fund  by  Mr  Henry 
Villard,  indulged  in  the  extravagance  of  the  most 
elegant  and  costly  high-school  building  on  the  Pacific 
coast,  and  several  new  churches  were  erected.  Citi 
zens  vied  with  each  other  in  adopting  tasteful  designs 

8  Twenty  passenger  trains  arrived  and  departed  daily,  exclusive  of  sub 
urban  trains.  Six  lines  had  their  terminus  there.  Over  30  freight  trains 
arrived  and  departed — a  great  change  from  the  times  of  1883. 


NOTABLE  ENTERPRISES.  751 

for  their  residences ;  parks  and  streets  were  im 
proved  ;  street-car  lines  added  to  the  convenience  of 
locomotion ;  business  blocks  arose  that  rivalled  in 
stability  those  of  older  commercial  cities;  and 
wharves  extended  farther  and  farther  along  the  river 
front. 

In  May  1887  articles  of  incorporation  were  filed  by 
a  number  of  real  estate  brokers,  who  formed  a  Real 
Estate  Exchange.  The  object9  of  the  corporation,  as 
expressed,  was  laudable,  and  their  number  promised 
success,  and  the  erection  of  a  handsome  Exchange 
building.  The  military  companies  built  themselves 
an  armory  on  an  imposing  design,  and  the  Young 
Men's  Christian  Association  followed  with  a  structure 
of  great  merit,  while  a  building  known  by  the  name 
of  the  Portland  Library,  and  destined  to  be  occupied 

•  The  incorporators  were  Ellis  G.  Hughes,  W.  F.  Creitz,  T.  Patterson,  J. 
P.  0.  Lownsdale,  L.  M.  Parrish,  and  L.  D.  Brown.  The  avowed  object  of 
the  Real  Estate  Exchange  is  to  secure  a  responsible  medium  of  exchange  of 
equal  benefit  to  buyer  and  seller,  to  equalize  commissions,  to  foster  the 
growth  of  the  state,  encourage  manufactures,  and  invite  capital  and  immi 
gration.  The  list  of  stock-holders  is  as  follows:  L.  F.  Grover,  Ellis  G. 
Hughes,  A.  W.  Oliver,  Eugene  D.  White,  E.  J.  Haight,  Frank  E.  Hart.  John 
Kiernan,  Geo.  Marshall,  A.  B.  Manley,  Robert  Bell,  J.  W.  Cook/Philo 
Holbrook,  M.  B.  Rankin,  H.  C.  Smithson,  A.  E.  Borthwick,  L.  M.  Cox,  Geo. 
Woodward,  John  Angel,  H.  D.  Graden,  J.  F.  Buchanan,  Fred.  K.  Arnold, 
E.  W.  Cornell,  L.  M.  Parrish,  Geo.  E.  Watkins,  H.  B.  Oatman,  R.  B.  Curry, 
J.  L.  Atkinson,  D.  W.  Wakefield,  A.  W.  Lambert,  W.  F.  Crietz,  T.  Patter 
son,  W.  A.  Daly,  T.  A.  Daly,  J.  Fred.  Clarke,  Geo.  Knight,  Geo.  P.  Lent, 
A.  J.  Young,  Van  B.  De  Lashmutt,  B.  F.  Clayton,  J.  P.  O.  Lownsdale,  P. 
W.  Gillette,  David  Goodsell,  H.  D.  Chapman,  Ward  S.  Stevens,  J.  W.  Ogil- 
bee,  C.  M.  Wiberg,  S.  B.  Riggen,  R.  H.  Thompson,  Geo.  L.  Story,  Wm  M. 
Killingworth,  W.  K.  Smith,  S.  M.  Barr,  E.  E.  Lang,  L.  D.  Brown,  James 
E.  Davis,  Ed.  Croft,  Benj.  I.  Cohen,  J.  W.  Kern,  J.  G.  Warner,  E.  M.  Sar 
gent,  Sherman  D.  Brown,  W.  L.  Wallace,  E.  Oldendorff,  John  M.  Cress, 
Mert  E.  Dimmick,  D.  H.  Stearns,  W.  G.  Telfer,  Edward  G.  Harvey,  L.  L, 
Hawkins,  D.  P.  Thompson,  Frank  Dekum,  Dudley  Evans,  E.  D.  McKee, 
James  Steel,  T.  A.  Davis,  A.  H.  Johnson,  John  McCracken,  Donald  Macleay, 
Ed.  S.  Kearney,  C.  A.  Dolph,  J.  N  Dolph,  Henry  Failing,  N.  L.  Pittock,  R. 
M.  Demeal,  A.  L.  Maxwell,  Preston  C.  Smith,  C.  J.  McDougal,  James  K. 
Kelly,  John  H.  Mitchell,  W.  A.  Jones,  C.  W.  Roby,  Wm  P.  Lord,  A.  N. 
Hamilton,  J.  A.  Strowbridge,  John  Gates — 95  members.  Two  are  U.  S. 
senators,  two  ex  U.  S.  senators,  12  are  capitalists  and  bankers,  one  judge  of 
the  sup.  ct,  one  mayor  of  Portland,  one  postmaster  of  Portland,  2  newspaper 
men,  one  a  major  in  the  U.  S.  army,  4  attorney s-at-law,  8  merchants,  one 
manager  of  Wells,  Fargo  &  Co.'s  express,  one  R.  R.  agent,  and  the  remain 
der  brokers  and  real  estate  dealers,  40  of  whom  are  the  holders  of  seats  in 
the  exchange.  Rooms  have  been  taken  for  the  present  at  the  corner  of  Stark 
and  Second  sts.  The  admission  fee  was  at  first  $50,  but  was  soon  increased 
to  $100.  No  more  than  100  seats  will  be  sold,  and  the  quarterly  dues  are 
fixed  at  $15. 


752  LATER  EVENTS. 

by  that  institution,  was  built  by  subscriptions  obtained 
chiefly  by  its  first  president,  Judge  Deady.  An  im 
mense  hotel,  costing  nearly  a  million  dllars,  and  an 
art  glass  manufactory  were  added  in  1888. 

East  Portland  shared  in  the  prosperity  of  the  greater 
city,  and  having  a  larger  extent  of  level  land  for 
town-site  purposes,  offered  better  facilities  for  building 
cheap  homes  for  the  working  classes.  The  Portland 
Reduction  works  was  located  there,  and  opened  in  the 
spring  of  1887,  for  smelting  ores  from  the  mines  of 
Oregon  and  Idaho.  Street  cars  were  introduced  here 
in  1888,  connecting  with  West  Portland  by  means  of 
a  track  laid  on  a  bridge  over  the  Willamette  at  Mor 
rison  street,  and  with  Albina  by  another  bridge  across 
the  ravine  which  separates  them.  The  extensive  ware 
houses  and  other  improvements  of  the  Northern  Pa 
cific  railroad  were  at  Albina,  which  thus  became  the 
actual  terminus  of  that  road,  and  of  all  the  transcon 
tinental  roads  coming  to  Portland.  A  railroad  across 
the  plains  northeast  of  East  Portland  carried  passen 
gers  to  the  Columbia,  opposite  Vancouver,  and  brought 
that  charming  locality  into  close  neighborhood  to 
Portland. 

At  Oswego,  a  few  miles  south  of  Portland,  the 
Oregon  Iron  Company's  works,  which  in  1883  were 
closed  on  account  of  the  low  price  of  iron,  and  the 
incapacity  of  the  furnaces  to  be  profitably  operated, 
were  reopened  in  1888  by  the  Iron  and  Steel  Works 
Company,11  employing  over  three  hundred  men.  The 

10  Albina,  as  I  have  otherwheres  shown,  was  founded  by  Edward  Russell, 
but  the  property  was  sold  in  1879  to  J.  B.  Montgomery  before  the  N.  P.R.R. 
co.  selected  the  site  for  its  terminal  works.  This  gave  it  importance,  as  the 
machine  shops  of  the  Terminal  co.,  N.  P.,  the  O.  R.  &  N.,  and  the  O.  &  C. 
cos  were  located  there,  to  which  are  now  added  those  of  the  S.  P.  R.  R., 
making  in  all  quite  a  village  of  substantial  brick  buildings  with  roofs  of 
slate  in  the  railroad  yards.  Montgomery  dock  has  an  area  of  200x500  feet, 
and  has  ha  I  as  much  as  600,000  bushels  of  wheat  stored  in  it  at  one  time. 
In  1887  42,000  tons  were  shipped  through  it.  The  Columbia  River  Lumber 
and  Manufacturing  co.  keeps  an  extensive  lumber  yard  at  Albina.  The 
owners  are  J  B.  Montgomery  and  Wm  M.  Colwell.  All  these  large  enter 
prises,  together  with  the  iron  works,  employ  many  laborers,  wwho  find  pleasant 
homes  in  Albina. 

11  S.  G.  Reed,  Wm  M.  Ladd,  F.  C.  Smith,  C.  E.  Smith,  J.  F.  Watson,  the  Or. 
Transcontinental  co.,  and  some  eastern  capitalists  constituted  the  company. 


SUBSTANTIAL  IMPROVEMENTS.  753 

water  power  at  Oregon  City,  which  ever  since  1841 
had  been  a  source  of  discord,  and  had  constituted  at 
times  an  inj  urious  monopoly,  had  finally  come  into  the 
hands  of  a  syndicate  of  Portland  and  Oregon  City 
men,  who  designed  to  make  the  latter  place  what 
nature  intended  it  to  be — the  great  manufacturing 
centre  of  the  state.12 

The  estimated  value  of  property  in  Multnomah 
county  at  the  close  of  1887  was  $27,123,780,  and  the 
value  of  transfers  for  that  year  about  $6,000,000. 
The  immigation  to  the  state  numbered  nearly  fifty 
thousand,  and  the  importation  of  cash  was  estimated 
at  $19,221,000.  All  parts  of  the  state  partook  of  the 
new  growth.  Salem  had  received  the  splendid  state 
asylum  for  the  insane,  and  the  schools  for  the  blind 
and  the  deaf  and  dumb,  a  manufactory  of  agricultural 
machinery,  and  other  substantial  improvements,  be 
sides  a  woman's  college,  and  a  public  school  building 
in  East  Salem  costing  $40,000. 

The  county-seat  of  Yamhill  county  had  been  re 
moved  to  the  flourishing  town  of  McMinnville.  Cor- 
vallis,  Albany,  Eugene,  and  the  towns  in  southern 
Oregon,  of  which  Ashland  was  in  the  lead,  ail  throve 
excellently. 

12  The  O.  R.  &  N.  co.  held  formerly  all  but  a  few  shares  of  the  Willamette 
Transportation  and  Locks  co. 's  stock,  which  latter  company  owned  the 
locks,  canal,  basin,  and  warehouse  on  the  east  side  of  the  falls,  with  all  the 
water-power  of  the  falls,  and  the  land  adjoining  on  both  sides.  An  Oregon 
City  co.  owned  750  shares  of  the  land  on  the  west  side,  including  that  not 
owned  by  the  W.  T.  &  L.  co.  The  new  organization  owns  all  of  the  land, 
property,  stocks,  and  water-power,  purchasing  the  0.  R.  &  N.  co.'s  shares 
and  all  its  interest.  It  proposes  to  give  the  necessary  land  on  the  west  side 
free,  with  water-power  for  10  years  rent  free,  to  any  persons  who  will  build 
and  operate  manufactures.  It  is  also  proposed  to  construct  a  suspension 
toll-bridge  across  the  Willamette,  provided  the  proper  authorities  do  not 
build  a  free  bridge,  as  they  may  do.  The  0.  R.  &  N.  would  not  sell  any 
part  of  its  holding  without  selling  all,  therefore  the  new  company  were  forced 
to  purchase  the  locks,  which  gave  them  additional  facilities  for  the  use  of 
the  water-power.  The  state  has,  however,  by  law  the  right  and  option  to 
buy  the  locks  on  the  1st  of  January,  1893,  at  their  then  value,  and  it  is  feared 
that  this  may  delay  the  use  of  the  power  until  this  option  is  disposed  of  by 
legislation.  The  land  and  power  were  pooled  on  equal  terms  without  refer 
ence  to  value,  and  the  locks  were  estimated  at  $400,000.  This  is  paid  by  a 
mortgage  on  the  whole  property  running  12  years,  bearing  interest  for  5 
years  at  4  per  cent,  and  for  the  next  7  years  at  5  per  cent.  The  pres't  of  the 
co,  is  E.  L.  Eastham  of  Oregon  City, 
HIST.  OR.,  VOL.  n.  48 


754  LATER  EVENTS. 

Mining  also  had  a  strong  revival  in  the  southern 
and  eastern  counties,  while  new  discoveries  and  re 
discoveries  were  made  in  the  Cascade  range  in  Marion 
and  Clackamas  counties.  No  mining  furore  is  likely 
ever  to  take  place  again  in  this  state,  if  anywhere  in 
the  northwest.  Placers  such  as  drew  thousands  to 
Rogue  river  in  1851,  and  to  John  Day  river  in  1862, 
will  probably  never  again  be  discovered.  The  hy 
draulic  gravel  mines  of  Jackson  and  Josephine  coun 
ties  have  proved  valuable  properties,  and  a  few 
quartz  mines  on  the  eastern  border  of  the  state  have 
returned  good  profits.  The  reduction  works  at  East 
Portland  were  erected  to  reduce  the  ores  of  the 
Coeurd'  Alene  silver  district  chiefly.13  Much  Oregon 
capital  had  become  interested  in  Coeur  d'  Alene,  and 
also  in  the  recently  discovered  mines  of  Salmon  river  in 
eastern  Washington,  which  were  found  upon  the  Chief 
Moses'  reservation,  which  is  in  the  Okanagan  country 
of  the  npper  Columbia,  once  hastily  prospected  by 
miners  in  the  Colville  mining  excitement,  but  only 
known  to  contain  quartz  mines  since  1887.  The  total 
gold  prodnct  of  Oregon  in  1887  was  over  half  a 
million,  and  of  silver  about  $25,000. 

Although  there  is  no  lack  of  building  stone  in 
Oregon,  if  county  statistics  may  be  believed,14  the 

13  The  Coeur  d'  Alene  furnishes  galena-silver  ores.     The  Sierra  Nevada 
mine,  yielding  ore  consisting  of  galena  and  carbonates,  is  said  to  average 
$94.79  in  lead  and  silver.     A  block  of  galena  weighing  760  pounds  assayed 
69  per  cent  lead,  and  $110  in  silver  per  ton.     Some  of  the  specimens  are  of 
rare  beauty,  the  silver  being  in  the  form  of  wire  intermingled  with  crystals 
of  carbonate,  arranged  upon  a  back  ground  of  a  dark  metallic  oxide,  and 
appearing  like  jewels  in  a  velvet  lined  case.     Some  of  the  prominent  mines 
are  the  Bunker  Hill,  Sullivan,  the  Tyler,  the  Ore-or-no-go,  and  the  Tiger. 

14  The  mineral  resources  of  the  several  counties  are:  Baker:  gold  in  quartz 
and  placers,    silver  in  lodes,    copper,   coal,  nickel  ore,  cinnabar,   building 
stone,  limestone  and  marble.     Ben  ton:  coal,  building  stone,  gold  in  beach 
sand,  iron.     Clackamas:  iron  ore  and  ochres,  gold  in  quartz,  copper,  galena, 
coal,  building  stone.     Clatsop:  coal,  potter's  clay,  iron  ore,  jet.     Columbia: 
iron  ore,  coal,  manganese  ore,  salt  springs.     Coos:  coal,  gold  in  beach  sand, 
streams,  and  quartz,  platinum,  iridosmine,  brick  clay,  chrome  iron,  magnetic 
sands.     Crook:  gold  in  placers.     Curry:  iron  ore,  gold  in  river  beds   and 
beach    sands,    platinum,    iridosmine,    chrome    iron,    borate  of   lime,  build 
ing  stone,  silver  and  gold  (doubtful).     Douglas:  gold  in  lodes  and  placers, 
nickel  ores,  quicksilver,  copper,  native  and  in  ore,  coal,  salt  springs,  chrome 
iron,  platinum,  iridosmine,  natural  cement,  building  stone.     Gilliam:  coal. 
Grant:  gold  in  lodes  and  placers,  silver  in  lodes,  coal,  iron,     Jackson:  gold 


GOVERNMENT  IMPROVEMENTS.  755 

fact  remains  that  but  one  quarry  is  known  to  produce 
good  building  material,  and  that  one  is  at  East  Port 
land,  from  which  was  taken  the  stone  used  in  erecting 
the  lighthouse  at  Tillamook.  The  difficulty  of  obtain 
ing  suitable  material  for  the  jetty  being  constructed 
at  the  mouth  of  the  Columbia  has  delayed  the  work, 
and  occasioned  loss  to  contractors.  As  much  as 
$20,000  was  expended  in  exploring  for  good  rock  for 
this  purpose  in  vain,  a  limited  supply  being  found  at 
one  place  only  on  the  river.  Yet  there  is  known  to 
be  an  abundance  of  good  stone  in  the  mountains  of 
Lewis  and  Clarke  river,  near  the  mouth  of  the 
Columbia;  but  a  railroad  of  fifteen  miles  is  required 
to  bring  it  to  the  coast,  and  $150,000  will  have  to  be 
expended  out  of  the  appropriation  for  the  work  of 
improving  the  mouth  of  the  Columbia. 

The  plan  of  this  work  is  to  construct  a  low-tide 
jetty  from  near  Fort  Stevens,  four  and  a  half  miles 
in  a  slightly  convex  course  to  a  point  three  miles 
south  of  Cape  Disappointment.  It  is  intended  both 
as  a  protection  to  Fort  Stevens,  and  as  the  means  of 
securing  deep  water  in  tte  channel.  The  cost  is  com 
puted  at  $3,710,000,  and  of  this  only  $287,500  had 
been  appropriated  in  1887.  The  work  was  begun 
under  the  appropriation  act  of  July  5,  1884.  So  far 
as  it  has  progressed  its  effect  on  the  entrance  to  the 
river  has  proven  satisfactory.  The  lack  of  depth  in 
the  channel,  which  it  is  the  intention  to  keep  at  thirty 
feet,  prevents  American  vessels  with  deep  bottoms 
from  entering  the  river,  while  the  light-draught 
British  iron-bottomed  vessels  secure  the  trade. 

in  lodes  and  placers,  quicksilver,  iron,  graphite,  mineral  waters,  coal,  lime 
stone,  infusorial  earth,  building  stone.  Josephine:  gold  in  lodes  and  placers, 
copper  ores,  limestone  and  marble.  Klamath:  mineral  waters.  Lake: 
mineral  waters.  Lane:  gold  in  quartz  and  placers,  zinc  ores.  Linn:  gold 
in  quartz  and  placers,  copper,  galena,  zinc  blende.  Malheur:  nitrate  beds, 
alkaline  salts.  Marion:  gold  and  silver  in  quartz,  limestone,  bog  iron  ore. 
Morrow:  — .  Mutmomah:  iron  ore,  building  stone.  Polk:  building  stone,  salt 
springs,  limestone,  mineral  waters,  iron  pyrites.  Tillamook:  gold  in  beach 
sands,  coal,  rock  salt,  iron  pyrites,  building  stone.  Umatilla:  gold  in  lodes 
and  placers,  coal,  iron.  Union:  gold  in  lodes  and  placers,  silver  in  lodes, 
hersite,  ochre.  Wallowa:  gold  in  lodes,  silver,  copper,  building  stones. 
VVasco:  mineral  waters.  Yamhill:  mineral  springs,  iron  pyrites.  Id.,  Jan. 
2,  1888.  This  in  part  only. 


756  LATER  EVENTS. 

The  state  of  Oregon  is  much  indebted  to  the  efforts 
of  United  States  Senator  J.  N.  Dolph  for  the  govern 
ment  aid  granted  in  improving  the  Columbia,  as  well 
as  some  lesser  waterwavs.  The  drainage  area  of  the 

t/  O 

Columbia  is  estimated  by  him  to  be  greater  than  the 
aggregate  area  of  all  New  England,  the  middle  states, 
and  Maryland  and  Virginia ;  and  the  far  larger 
portion  lies  east  of  the  Cascade  range,  which  has  no 
other  water-level  pass  from  the  northern  boundary  of 
Washington  to  the  southern  line  of  Oregon.  This 

O  O 

pass  is  monopolized  by  the  Oregon  Railway  and  Navi 
gation  Company's  track  on  the  south  side,  and  by  a 
railway  portage  of  the  same  corporation  on  the  north 
side.  The  government  has  undertaken  to  facilitate 
free  navigation  by  constructing  locks  at  the  upper 
Cascades  and  improving  the  rapids,  but  the  work  is 
costly  and  proceeds  with  the  proverbial  tardiness  of 
government  undertakings,  where  appropriations  are 
held  out  year  after  year  with  apparent  reluctance, 
while  the  treasury  is  overflowing  with  its  surplus. 
The  work  has  been  going  on  for  eight  or  ten  years, 
during  which  time  only  about  half  the  $2,205,000 
required  has  been  appropriated.  The  river  and 
harbor  line  passed  by  congress  in  1888,  and  warmly 
advocated  by  the  Oregon  senators,  was  shaped  by 
them  to  carry  forward  these  important  improvements. 
Another  improvement  advocated  by  Dolph  is  a  local 
railway  at  the  Dalles,  which  will  cost  $1,373,000. 
Besides  this,  the  rapids  of  the  Columbia  above  the 
mouth  of  Snake  river  will  require  to  overcome  them, 
the  expenditure  of  $3,005,000;  that  is,  the  sum  of 
$5,440,500  will,  it  is  believed,  open  to  competition  a 
distance  of  750  miles.  This  will  have  the  effect  to 
cheapen  freights,  which  now  are  entirely  in  the  hands 
of  the  railroad  combination,  except  on  the  lower 
Columbia.  There  can  be  no  doubt  that  these  improve 
ments  will  be  made  at  no  very  distant  day,  when  the 
Columbia  will  be  a  continuous  waterway  reaching  1,000 
miles  into  the  interior  of  the  continent.  The  Oregon 


COAST  COUNTIES.  757 

delegation  in  Washington  was  very  persistQnt  at  this 
period  in  claiming  appropriations  for  public  works. li' 
Senator  Mitchell  obtained  $80,000  for  the  erection  of 
a  first-class  lighthouse  near  the  mouth  of  the  Umpqua 
river  ;  $15,000  for  a  site  and  wharf  at  Astoria  for  the 
use  of  the  lighthouse  department,  and  asked  for 
money  to  construct  the  revetment  of  the  Willamette 
at  Corvallis. 

The  coast  counties  developed  very  gradually, 
although  they  received  a  part  of  the  immigration, 
and  were  finally  prosperous.  Scottsburg  projected  a 
railway  which,  if  it  can  be  extended  to  Coos  bay,  should 
be  a  good  investment.  At  Sinslaw  a  settlement  was 
made,16  with  three  fish-canning  establishments,  and  a 
saw-mill.  There  being  a  good  entrance  to  the  river, 
the  bottom  lands  rich,  the  water  excellent,  and  the 
climate  healthful,  this  section  offered  attractions  to 
settlers,  and  a  railroad  might  be  made  to  connect  with 
one  from  Scottsburg. 

Yaquina,  from  the  opening  given  it  by  the  Oregon 
Pacific,  and  a  line  of  steamers  to  San  Francisco,  made 
considerable  growth,  assumed  pretensions  of  a  fashion 
able  resort,  and  planned  to  erect  a  large  hotel  a  few 
miles  south  of  the  bay,  where  hunting,  fishing,  and 
beach  driving  were  guaranteed  the  tourist.  Little 
change  had  been  effected  in  the  more  northern  coast 
counties. 

In  eastern  Oregon  two  new  counties  were  organized 
— Morrow  county,  named  after  Governor  Morrow, 
with  the  county  seat  at  Heppuer,  and  formed  out  of 
the  south-west  portion  of  Umatilla ;  and  Wallowa 

15Dolph  has  been  at  some  pains  to  prepare  a  bill  for  expending  $126,000,- 
000  in  coast  defences,  according  to  the  recommendation  of  a  commission 
appointed  to  report  upon  the  subject.  It  appropriates  £27,000,000  for  the 
defence  of  San  Francisco  harbor;  $2,519,000  for  the  defence  of  the  mouth  of 
the  Columbia;  and  .$504,000  to  the  harbor  of  San  Diego. 

16 George  M.  Miller,  of  Eugene,  is  the  founder  of  Florence,  although 
David  Morse  Jr,  of  Empire  City,  made  an  '  addition '  to  the  town.  Lots  are 
worth  from  $25  to  $50  and  $100.  The  Florence  Canning  co.  employs  80  men 
with  40  boats,  besides  45  Chinese.  The  Lone  Star  Packing  co.  employ  32 
men,  16  boats,  and  35  Chinese.  The  Elmore  Packing  co.  employs  80  men, 
40  boats,  and  65  Chinese.  The  three  establishments  put  up  1,700  cases 
daily. 


758  LATER  EVENTS. 

county,  formed  out  of  a  portion  of  Union,  with  the 
county  seat  at  Joseph.17  Railroads  were  being  rapidly 
constructed  from  all  directions  toward  the  main  lines 
to  carry  out  the  crops,  wool,  and  stock  of  this  division 
of  the  state.  The  wool  clip  of  1887,  which  was 
shipped  to  Portland,  was  12,534,485  pounds,  the 
greater  portion  of  which  was  from  eastern  Oregon. 
The  movement  at  Portland  of  wheat  and  flour  for 
1887  equalled  the  bulk  of  the  wheat  production  of 
Oregon  and  eastern  Washington  combined.18  Lump 
ing  the  receipts  of  Willamette  valley  and  eastern 
Oregon  and  Washington  wheat,  there  were  received 
at  Portland  3,927,458  centals,  against  5,531,995  re 
ceived  in  1886;  and  302,299  barrels  of  flour  against 
354,277  for  the  latter  year.  Of  this  amount,  553,920 
centals  of  wheat,  and  165,786  barrels  of  flour,  were 
from  the  Willamette  valley.  A  fleet  of  73  vessels, 
registering  93,320  tons,  was  loaded  with  grain  at 
Oregon  wharves. 

There  has  been  a  steady  decline  in  salmon  canning 
on  the  Columbia  since  1883,  falling  from  630,000 
cases  to  400,000  in  1887.  This  may  reasonably  be 
attributed  to  the  over-fishing  practised  for  several 
years  consecutively.  Nature  does  not  provide 
against  such  greed,  and  it  is  doubtful  if  art  can  do 
it.  The  government,  either  state  or  general,  should 
assume  control  of  this  industry  by  licensing  a  certain 
number  of  canneries,  of  given  capacity,  for  a  limited 
period,  and  improving  the  hatcheries.  Otherwise 
there  is  a  prospect  that  the  salmon,  like  the  buffalo, 
may  become  extinct. 

Although  Oregon  built  the  first  saw-mills  on  the 
Pacific  coast,  and  enjoyed  for  a  few  years  the  monop 
oly  of  the  lumber  trade  with  California  and  tlie  Ha- 

17  The  name  of  Joseph  is  given  in  remembrance  of  the  Ncz  Perce  chief 
of  that  name,  who  formerly  made  his  home  in  this  valley,  and  young  Joseph, 
his  son,  who  led  his  band  in  the  war  of  1877.  The  first  commissioners  of 
Wallowa  co.  were  James  McMasterton  an;l  J.  A.  Runhed.  The  tirst  com 
missioners  of  Morrow  were  William  Douglas  and  A.  Rood. 

18  A  portion  of  the  wheat  crop  of  Washington  was  carried  to  Tacoina  via 
the  Cascade  branch  in  1887. 


LUMBER.  759 

waiian  islands,  since  the  establishment  of  the  immense 
lumbering  and  milling  properties  on  Puget  sound, 
chiefly  controlled  by  capital  in  San  Francisco,  it  has 
been  difficult  to  market  Oregon  lumber,  except  on 
sufferance  from  the  great  lumber  firms.  In  1885, 
however,  the  experiment  was  made  of  sending  cargoes 
of  lumber  to  the  eastern  states  direct  by  rail,  which 
has  resulted  in  a  trade  of  constantly  increasing  im 
portance,  having  grown  from  1,000,000  feet  to  10,000,- 
000  feet  monthly.  The  market  is  found  everywhere 
along  the  line  from  Salt  Lake  to  Chicago.  The  lease 
to  the  Union  Pacific  of  the  Oregon  Railway  and  Nav 
igation  Company's  lines  will  facilitate  this  traffic.  This 
trade  belongs  at  present  solely  to  Oregon,  and  is  inde 
pendent  of  the  100,000,000  feet  exported  annually  to 
Pacific  coast  markets.1' 

19  In  many  ways  the  improvement  in  local  institutions  might  be  noted. 
A  fruit  grower's  association  was  formed,  Dr  J.  R.  Cardwell,  president, 
which  held  its  first  annual  meeting  January  5,  1887.  On  the  llth  of  the 
same  month  the  Portland  Produce  Exchange  was  organized.  The  state 
board  of  immigration  transferred  its  office  to  the  Portland  board  of  trade  in 
Sept.  1887.  A  Gatling  battery  was  added  to  the  military  organizations  of 
Portland.  On  April  7,  1886,  the  Native  Sons  of  Oregon  organized.  On  the 
17th  of  August,  1887,  the  corner  stone  of  the  new  Agricultural  college  was 
laid  at  Corvallis.  The  state  has  done  nothing  to  withdraw  the  Agricultural 
college  from  the  influences  of  sectarianism.  The  Southern  Methodist  State 
Agricultural  college,  as  a  local  newspaper  calls  it,  will  not  rise  to  the  stand 
ing  which  the  people  have  a  right  to  demand  for  it  until  it  becomes,  as  con 
gress  intended,  a  part  of  the  state  university.  A  free  kindergarten  system 
was  inaugurated  in  Portland;  and  a  Woman's  Exchange  opened,  which  gave 
cheap  homes  to  homeless  women,  with  assistance  in  finding  employment. 
The  Teachers'  National  convention  of  1888  at  San  Francisco  showed  the  work 
of  the  Portland  schools  to  be  very  nearly  equal  to  the  best  in  the  United 
States,  and  superior  to  many  of  the  eastern  cities.  Albany,  since  the  incep 
tion  of  the  Oregon  Pacific  B.  R. ,  has  gained  several  new  business  institutions. 
The  railroad  round-house  and  shops  were  located  there.  Among  its  manu 
factories  were  extensive  flouring  mills,  furniture  factories,  wire  works,  iron 
foundries,  and  a  fruit  packing  establishment.  An  opera  house  was  erected 
by  a  joint  stock  company,  and  a  public  school  building  costing  $20,000. 
The  aggregate  cost  of  new  buildings  in  1887  was  $160,000,  with  a  popula 
tion  of  3,500.  The  electric  light  system  has  been  introduced.  The  water 
power  furnished  by  the  Albany  and  Santiam  Water,  ditch,  or  canal  com 
pany,  with  a  capacity  of  20,000  running  feet  per  minute,  invites  industries 
of  every  kind  depending  upon  geared  machinery. 

Roseburg  in  Douglas  county  took  a  fresh  impetus  from  the  completion 
of  the  Oregon  and  California  R.  R.  The  county  of  Douglas,  with  a  popu 
lation  of  14,000  and  a  large  area,  shipped  in  the  year  ending  August,  1887, 
209  tons  of  wool,  5,073  tons  of  wheat,  436  tons  of  oats  and  other  grains, 
288  tons  of  flour,  8  tons  of  green  fruit,  61  tons  of  dried  fruit.  This  being 
done  with  no  other  outlet  than  via  Portland,  was  an  indication  of  what 
might  be  looked  for  on  the  opening  of  the  country  south  of  Roseburg. 


760  LATER  EVENTS. 

The  administration  of  Governor  Moody  was  a  fair 
and  careful  one,  marked  by  no  original  abuses, 
although  it  failed  to  correct,  as  it  was  hoped  it  would 
have  done,  the  swamp-land  policy,  by  which  the  state 
had  been  robbed  of  a  handsome  dower.  The  legisla 
ture  of  1878  had  endeavored  to  correct  the  evil  grow 
ing  out  of  the  legislation  of  1870,  but  Governor 
Thayer  had  so  construed  the  new  law  as  to  render  it 
of  no  effect  in  amending  the  abuses  complained  of;"20 
and  Governor  Moody  had  not  interfered  with  the 
existing  practices  of  the  swamp-land  board.  Here, 
then,  was  a  real  point  of  attack  upon  a  past  adminis 
tration,  when  a  democratic  governor  was  elected  in 
1886.21  Governor  Sylvester  Pennoyer  was  quite  will 
ing,  and  also  quite  right  to  make  it,  and  doubtless 
enjoyed  the  electrifying  effect  of  his  message  to  con 
gress,  in  which  he  presented  a  list  of  swamp-land 
certificates  aggregating  564,969  acres,  on  which 
$142,846  had  been  unlawfully  paid,  and  suggested 
that  while  settlers  should  be  protected  in  possession 
of  a  legal  amount  legally  purchased,  the  money, 
which  under  a  "  misapprehension  "  had  come  into  the 
treasury  from  other  persons,  should  be  returned  to 
them  ;  and  "the  state  domain  parcelled  out,  as  was 
the  intent  and  letter  of  the  law,  to  actual  settlers  in 
small  quantities."  Further,  the  new  board  of  school- 
land  commissioners  22  prepared  a  bill,  which  embodied 

20 1  have  already  given  an  account  of  the  manner  in  which  the  law  of 
1870  was  passed,  and  with  what  motive.  The  legislature  of  1878  had  en 
acted  that  all  applications  for  the  purchase  of  these  lands  from  the  state 
which  had  not  been  regularly  made,  or  being  regularly  made  the  20  per 
cent  required  by  law  had  not  been  paid  before  Jan.  17,  1879,  should  be  void 
and  of  no  effect.  But  it  appeared  that  the  board,  consisting  of  the  governor, 
secretary  and  treasurer,  had  issued  deeds  and  certificates  to  lands  which  had 
not  been  formally  approved  to  the  state  by  the  secretary  of  the  interior,  and 
to  which,  consequently,  it  had  no  show  of  title.  It  had  issued  deeds  and 
certificates  for  amounts  in  excess  of  320  acres — all  that  by  law  could  be  sold 
to  one  purchaser — selling  unsurveyed  and  unmapped  lands  in  bodies  as  large 
as  50,000,  60,000,  or  133,000  acres,  and  otherwise  encouraging  land-grabbing. 

21  The  secretary  of  state  under  Gov.  Moody  was  R.  P.  Earhart;  and  the 
treasurer  Edward  Hirsch.     They  constituted  with  the  governor  the  board 
land  commissioners. 

22  The   new  board  consisted  of  Governor  Pennoyer,  secretary  of   state, 
George  W.  McBride,  and  Edward  Hirsch,  who  had  been  treasurer  through 


LAND  MATTERS.  761 

the  views  of  the  governor,  and  presented  it  to  the 
legislature  with  a  recommendation  that  it,or  something 
very  like  it,  should  be  enacted  into  a  law.  It  declared 
void  all  certificates  of  sale  made  in  defiance  of  the 
law  of  1878,  but  provided  that  actual  settlers  on  320 
acres  or  less  should  be  allowed  to  perfect  title  without 
reclaiming  the  land,  upon  payment  of  the  remaining 
80  per  cent  before  January  1,  1879.  Upon  the  sur 
render  of  void  certificates  the  amount  paid  thereon 
should  be  refunded  ;  and  a  special  tax  of  one  mill  on 
a  dollar  of  all  taxable  property  in  the  state  should  be 
levied,  and  the  proceeds  applied  to  the  payment  of 
outstanding  warrants  made  payable  by  the  act.  Suit 
should  be  brought  to  set  aside  any  deed  issued  by  the 
board  upon  fraudulent  representation.  The  reclama 
tion  requirement  of  the  law  of  1870  was  dispensed 
with,  and  any  legal  applicant  who  had  complied  with 
the  provisions  of  that  act,  including  the  20  per  cent 
of  the  purchase  price,  prior  to  January  1879,  should 
be  entitled  to  a  deed  to  not  more  than  640  acres,  if 
paid  for  before  1889.  All  swamp  and  overflowed 
lands  reverting  to  the  state  under  the  provisions  of 
the  act  should  be  sold  as  provided  by  the  act  of  1878; 
but  only  to  actual  settlers,  and  not  exceeding  320 
acres  to  one  person,  Any  settler  who  had  purchased 
from  the  holder  of  a  void  certificate  should  be  en 
titled  to  receive  the  amount  of  money  paid  by  him  to 
the  original  holder,  which  should  be  deducted  from 
the  amount  repaid  on  the  surrender  of  the  illegal  cer 
tificate.  Such  an  example  of  justice  had  not  sur 
prised  the  people  of  Oregon  since  the  days  of  its 
founders.  According  to  the  report  of  the  board  for 
1887  the  school  fund  will  save  nearly,  if  not  quite,  a 
million  dollars  by  the  rescue  of  these  lands  from  fraud 
ulent  claimants, 

several  previous  terms.  McBride  was  a  republican  and  had  been  speaker  of 
the  house  in  1885.  He  was  the  younger  son  of  James  McBride  the 
pioneer,  and  brother  of  James  McBride  of  Wis.,  John  R.  McBride  of  Utah, 
and  Thorns ?  McBride,  attorney  of  the  4th  judicial  district  of  Or.  An  up 
right  and  talented  young  man. 


762  LATER  EVENTS. 

The  legislature  of  1887  proposed  these  amendments 
to  the  people,  to  be  voted  upon  at  a  special  election : 
First,  a  prohibitory  liquor  law  ;  second,  to  allow  the 
legislature  to  fix  the  salaries  of  state  officers;  third, 
to  change  the  time  of  holding  the  general  elections 
from  Jane  to  November.  All  failed  of  adoption.  J. 
H.  Mitchell  was  again  chosen  United  States  senator. 

The  free  trade  issue  in  1888  caused  the  state  to 
return  a  large  republican  majority,23  arid  again  gave  to 
that  party  the  choice  of  a  United  States  senator  to  suc 
ceed  Dolph.  Herman  was  elected  congressman  for  a 
third  term.  The  financial  condition  of  the  state  was  ex- 
cellent,the  total  bonded  debt  being  less  than  $2,000,  and 
outstanding  warrants  not  exceeding  $54,000. 

Thus  was  built  up,  within  the  memory  of  living 
men,  a  state  complete  in  all  its  parts,  where,  when 
they  entered  the  wilderness,  the  savage  and  the  fur- 
hunter  alone  disturbed  the  awful  solitudes.  Whom 
the  savage  then  spared,  king  death  remembered,  beck 
oning  more  and  more  frequently  as  time  went  on  to 
the  busy  toilers,  who  in  silence  crossed  over  Jordan 
in  answer  to  the  undeniable  command,  and  rested  from 

their  labors.24 

I 

23  The  democrats  elected  only  25  out  of  the  90  members  of  the  legislature. 
The  republican  majority  was  about  7,000. 

'Li  I  find  in  the  archives  of  the  Pioneer  association  for  1887  mention  of  the 
death  of  the  following  persons,  most  of  whose  names  are  recorded  in  the  immi 
grant  lists  of  the  first  vol.  of  my  History  of  Ore</on:  Capt.  William  Shaw 
(immigrant  of  1844)  died  at  Howell  prairie,  20th  January,  1887.  Capt. 
Charles  Holman  (arrived  1852)  died  at  Portland  3d  July,  1886;  Prof.  L.  J. 
Powell  (1847)  died  at  Seattle  17th  August,  1887;  David  Powell  (1847)  died 
near  East  Portland  8th  April,  1887;  Peter  Scholl  (1847)  died  near  Hillsboro' 
in  November,  1872;  Mrs  Lucinda  Spencer,  (1847)  daughter  of  Thomas  and 
Martha  Cox,  died  30th  of  March,  1888;  Mrs  Sarah  Fairbanks  King,  (1852) 
who  was  Mrs  George  Olds  when  she  came  to  Oregon,  died  19th  January, 
1887;  Solomon  Howard  Smith,  of  the  Wyeth  party  of  1832,  died  on  Clatsop 
plains  in  1874,  at  the  age  of  65  years;  he  was  born  December  26,  1809  at 
Lebanon,  N.  H.;  Alvin  T.  Smith  (1840)  died  in  1887  at  Forest  Grove;  he 
was  one  of  the  independent  missionaries,  and  was  born  in  Branford,  Conn., 
Nov.  17,  1802,  his  firsb  wife  being  Abigail  Raymond,  who  died  in  1855, 
when  he  returned  to  Conn.,  and  married  Miss  Jane  Averill  of  Branford, 
who  survived  him;  Mrs  Mary  E.  Frazer,  nee  Evans,  born  in  Newburyport, 
Mass.,  Dec.  13,  1816,  who  married  Thomas  Frazer,  and  came  to  Oregon  in 
1853,  died  in  Portland  21st  April,  1884. 

In  1886  there  died  of  Oregon's  pioneers  the  following:  Jan.  21st,  Mrs 
Clara  B.  Duniway  Stearns,  born  in  Oregon,  wife  of  D.  H.  Stearns,  and  only 


BIOGRAPHICAL.  763 

It  is  a  pleasure  to  the  historian,  who,  by  closely 
following  the  stream  of  events,  has  identified  himself 
with  the  characters  in  his  work,  to  observe  with  what 
unfailing  justice  time  makes  all  things  even.  At  the 
annual  meeting  of  the  Oregon  Pioneer  association  at 
Portland,  in  1887,  Matthew  P.  Deady,  acting  as 
speaker  for  the  city,  presented  to  the  association  a 
life-size  portrait  of  John  McLoaghlin,  which  was 
afterward  hung  in  the  state  capitol,  "  where,"  said  the 
speaker,  "  you  may  look  at  it  and  show  it  to  your 
children,  and  they  to  their  chileren,  and  say  :  '  This 

daughter  of  Mrs  Abigail  Scott  Duniway,  at  Portland;  George  F.  Treban 
Jati.  21st  at  Portland;  Mrs  M.  J.  Saylor  Jan  24th  at  McMinnville;  Simeon 
Alber  (1853)  at  McMinnville  Jan.  24;  Frank  Hedges  at  Oregon  city  Feb. 
22d;  Samuel  A.  Moreland  at  Portland  March  19th;  W.  McMillan  at  East 
Portland  April  26th;  Mrs  J.  A.  Cornwall  (1846)  at  Eugene  May  2d;  Elijah 
Williams  at  East  Portland  May  16th;  James  Johns,  founder  of  the  town  of 
St  Johns,  May  28th;  Gen.  John  E.  Ross  at  East  Portland  June  14th;  W.  W. 
Buck  (1844)  at  Oregon  city  June  19;  Mrs  James  M.  Stott  at  East  Portland 
June  26th;  Mrs  Susan  A.  Tartar  in  Polk  co.  June  28th;  Mrs  Sarah  Van- 
denyn  in  Lane  co.  June  28th;  Captain  Seth  Pope  in  Columbia  co.  July  23d; 
Mr*  Mary  Stevens  Ellsworth  (1852)  at  Cove,  in  Union  co.,  July  24th;  Rev. 
E  R.  Geary  at  Eugene  city  Sept.  2d;  W.  H.  Bennett  (1845)  at  Rockford,  W. 
T.,  Sept.  12th;  Robert  E.  Pittock  at  Oanonsburg,  Pa..  Sept  16th;  Samuel 
M.  Smith  at  Portland  Oct.  25th;  L.  J.  C.  Duncan,  Jackson  co.  Nov.  7th; 
Whiting  G.  West  (1846)  Nov.  8th;  James  Thompson  at  Salem  Nov.  8th; 
Prof.  Newell  at  Philometh  college,  Nov.  10th;  Mrs  Mary  Olney  Brown, 
at  Olympia  Nov.  17th;  A.  Walts  at  Portland  Dec.  17th;  Jacob  Hoover 
(1844)  at  his  home  near  Hillsboro',  Dec.  19th. 

In  1887:  Ex.-Gov.  Addison  C.  Gibbs  died  in  London,  Eng.,  early  in  Jan.; 
his  funeral  occurred  July  9th  at  Portland;  Mrs  D.  M.  Moss  of  Oregon  city 
a  pioneer  of  1843,  d.  Jan.  23d;  George  W.  Elmer,  Portland,  Jan.  26th;  Mrs 
W.  T.  Newby  (1844),  Jan.  28th;  Mrs  A.  N.  King  (1845),  an.  30th;  James 
Brown  (1843),  Feb.  8th,  at  Woodburn;  H.  M.  Humphrey  (1852),  near  Port- 
laud,  Feb.  3d;  Mrs  Ellen  Daley,  at  East  Portland,  Feb.  3d;  Mrs  Col  W.  L. 
White  (1850),  at  Portland,  Feb.  20th;  Mrs  William  Mason  of  Monmouth, 
anl  Mrs  Wallace  of  Linn  co.,  Feb.  21st;  John  G.  Baker  at  McMinnville, 
March  4th;  Judge  William  Strong  (1849),  at  Portland,  April  16th;  Mrs 
James  B.  Stephens  (1844),  at  East  Portland,  April  27th;  Benjamin  Strang, 
at  Astoria,  May  7th;  N.  D.  Gilliam  (1844),  at  Mount  Tabor,  May  15th;  M. 
Tidd,  in  Yamhill  co.,  May  22d;  Levi  Knott,  at  Denver,  Col.,  May  29th;  E. 
Norton  and  J.  Schenerer,  Portland,  June  7th;  Mrs  Frances  0.  Adams  (1845), 
wife  of  W.  L.  Adams,  June  23d;  Robert  Pentland,  at  Scio,  June  5th;  Dr 
Cabannis,  of  Modoc  war  fame,  at  Astoria,  July  22d;  Dr  R.  B.  Wilson,  at 
Portland,  August  6th;  Prof.  L.  J.  Powell,  long  a  teacher  in  Or.,  at  Seattle, 
Autf.  17th;  Rev.  E.  R.  Geary,  Sept.  2,  1886;  Mrs  J.  H.  Wilbur,  at  Walla 
AN' alia,  Oct.  2d;  Mrs  Joseph  Imbire,  at  The  Dalles,  Oct.  23d;  Rev.  J.  H. 
Wilbur,  at  Walla  Walla,  Oct.  28th. 

On  the  10th  of  Feb.,  1888,  Dr  W.  H.  Watkins,  at  Portland;  on  the  23d 
of  April  died  Hon.  Jesse  Applegate.  Both  these  men  were  members  of  the 
convention  which  formed  the  state  constitution.  Thus  the  makers  pass 
away,  but  their  work  remains.  Rev.  Wiliiam  Roberts  died  July  2,  1888,  at 
Dayton, 


764  BIOGRAPHICAL. 

is  the  old  doctor  ;  the  good  doctor ;  Dr  John  Me- 
Loughlin.' '  And  this  sentiment  was  applauded  by 
the  very  men  who  had  given  the  "good  old  doctor" 
many  a  heart-ache  along  in  the  forties.  "  But,"  con 
cluded  Judge  Deady,  "  the  political  strife  and  religious 
bigotry  which  cast  a  cloud  over  his  latter  days  have 
passed  away,  and  his  memory  and  figure  have  risen 
from  the  mist  and  smoke  of  controversy,  and  he  stands 
out  to-day  in  bold  relief,  as  the  first  man  in  the  history 
of  this  country —  the  pioneer  of  pioneers  !  " 

I  cannot  close  this  volume  without  brief  biographies  of  the  following  men: 

Henry  Winslow  Corbett,  a  native  of  Westborough,  Massachusetts,  where 
he  was  born  on  the  18th  of  February,  1827,  is  of  English  descent,  his  ances 
try  being  traced  back  to  the  days  of  William  the  Conqueror,  when  the  name 
of  Roger  Corbett  is  found  among  the  list  of  those  who  won  fame  and  posses 
sions  as  a  military  leader.  The  youngest  of  eight  children,  after  receiving  a 
public  school  and  academy  education,  he  began  life  in  the  dry  goods  business 
in  New  York  city,  proceeding  thence  in  1851  to  Portland,  where  he  was  ex 
tremely  successful  in  his  ventures,  being  now  the  oldest  merchant  in  Port 
land,  and  perhaps  in  Oregon.  He  is,  moreover,  largely  interested  in  banking, 
being  connected  with  the  First  National  bank  almost  from  its  inception,  and 
now  its  vice-president.  He  was  also  appointed  president  of  the  board  of 
trade,  of  the  boys'  and  girls'  aid  society,  and  other  charitable  associations, 
and  of  a  company  organized  to  complete  a  grand  hotel,  to  be  second  only  in 
size  to  the  Palace  hotel  in  San  Francisco.  On  the  formation  of  the  republi 
can  party  in  Oregon,  Corbett  became  one  of  its  leaders.  He  was  chosen 
delegate  to  the  Chicago  convention  of  1860,  and  in  1866  was  elected  to  the 
United  States  senate,  where  he  won  repute  by  his  practical  knowledge  of 
financial  affairs,  his  able  arguments  on  the  resumption  of  specie  payments, 
and  the  funding  of  the  national  debt,  and  his  resolute  opposition  to  all  meas 
ures  that  savored  of  bad  faith  or  repudiation.  As  a  statesman  he  is  noted 
for  his  boldness,  eloquence,  and  integrity  of  purpose;  as  a  business  man  for 
his  ability  and  enterprise;  and  as  a  citizen  for  his  many  deeds  of  charity. 
In  1853  he  was  married  to  Miss  Caroline  E.  Jagger,  who  died  twelve  years 
later,  leaving  two  sons,  of  whom  only  the  elder,  Henry  J.  Corbett,  survives. 
The  latter  has  already  made  his  mark  in  life,  following  in  the  footsteps  of 
his  father,  to  whom  he  will  prove  a  most  worthy  successor. 

William  S.  Latld  was  a  native  of  Vermont,  born  October  10,  1826,  edu 
cated  in  New  Hampshire,  working  on  the  farm  winters.  He  came  to  Ore 
gon  in  1851,  and  engaged  in  the  mercantile  business,  later  becoming  a 
banker.  He  accummulated  a  large  fortune,  and  has  ever  been  one  of  Ore 
gon's  foremost  men.  His  benefactions  have  been  many  and  liberal,  one 
tenth  of  his  income  being  devoted  to  charity.  He  has  assisted  both  in  the 
city  of  Portland,  where  he  resides,  and  throughout  the  whole  north-west,  in 
building  churches  and  schools.  He  endowed  a  chair  of  practical  theology 
in  San  Francisco  in  1886  with  $50,000.  tJe  has  given  several  scholarships  to 
the  Willamette  university,  and  assisted  many  young  men  to  start  in  business, 
In  1854  he  married  Caroline  A.  Elliott  of  New  Hampshire,  who  bore  him 
seven  children,  five  of  whom  were  living  in  1888,  William  M.,  Charles  E., 
Helen  K.,  Caroline  A.,  and  John  W.  Ladd.  The  eldest  son,  William  M. 
Ladd,  is  in  every  respect  the  worthy  son  of  his  father. 

C.  H.  Lewis  was  born  December  22,  1826,  at  Cranbury,  New  Jersey, 
where  he  attended  school,  working  sometimes  on  a  farm.  In  1846  he  entered 


BIOGRAPHICAL.  765 

a  store  in  New  York  city,  where  he  became  proficient  in  mercantile  affairs, 
and  in  1851  came  to  Portland,  where  he  engaged  in  business,  the  house  of 
Allen  and  Lewis  rising  into  foremost  prominence.  Mrs  Lewis,  the  daughter 
of  John  H.  Couch,  is  the  mother  of  eleven  children,  all  born  in  Portland. 
Mr  Lewis  attends  closely  to  his  business,  and  no  man  in  the  community 
stands  in  higher  esteem. 

Henry  Failing  was  born  in  New  York  on  the  17th  of  January,  1834. 
After  a  good  grammar-school  education,  he  entered  a  mercantile  house, 
where  he  acquired  proficiency  in  first-class  business  routine.  Arriving  in 
Oregon  in  1851,  he  engaged  in  business,  first  in  connection  with  his  father, 
Josiah  Failing,  and  later  with  H.  W.  Corbett.  The  firm  rose  to  prominence, 
being  the  largest  hardware  dealers  in  the  north-west.  Failing  and  Corbett 
in  1869  took  control  of  the  First  National  Bank,  the  former  being  made 
president.  Mr  Failing  has  always  been  a  prominent  citizen,  a  friend  of  edu 
cation,  and  three  times  mayor.  In  1858  he  married  Emily  P.  Corbett,  sister 
of  Senator  Corbett.  Twelve  years  later  Mrs  Failing  died  of  consumption, 
leaving  three  charming  daughters.  Mr  Failing  is  a  citizen  of  whom  Oregon 
may  well  be  proud. 

Worthy  of  mention  among  the  lawyers  and  statesmen  of  Oregon  is 
Joseph  Simon,  of  the  well  known  Portland  law  firm  of  Dolph,  Bellinger, 
Mallory,  and  Simon.  A  G-erman  by  birth,  and  of  Jewish  parentage,  he 
came  to  Portland  when  six  years  of  age,  and.  at  thirteen  had  completed  his 
education,  so  far,  at  least,  as  his  school-days  were  concerned.  After  assist 
ing  his  father  for  several  years  in  the  management  of  his  store,  he  studied 
law,  and  in  1872  was  admitted  to  practice,  soon  winning  his  way  by  dint  of 
ability  and  hard  work  to  the  foremost  rank  in  his  profession.  In  1878  he 
was  appointed  secretary  of  the  republican  state  central  committee,  of  which 
in  1880,  and.  again  in  1884  and  1886,  he  was  appointed  chairman,  and  in  the 
two  first  years,  and  also  in  1888,  was  elected  to  the  state  senate.  While  a 
member  of  that  body  he  introduced  and  succeeded  in  passing  many  useful 
measures,  among  them  being  a  bill  authorizing  a  paid  fire  department,  a 
mechanics'  lien  law,  a  registration  law,  and  one  placing  the  control  of  the 
police  system  in  the  hands  of  a  board  of  commissioners. 

Royal  K.  Warren  was  born  in  Steuben  co.,  N.  Y.,  in  1840,  and  educated  in 
that  state,  coming  to  Oregon  in  1863.  He  entered  upon  teaching  as  aprofes- 
sion  in  Clatsop  co.,  whence  he  removed  to  Portland  in  1865,  teaching  in  the 
Harrison  st  grammar  school  until  1871,  when  he  was  called  to  the  presidency 
of  the  Albany  college,  which  position  he  retained  nine  years.  He  then  re 
turned  to  Portland,  where  he  was  principal  of  the  North  school  for  one 
year,  from  which  he  was  removed  to  the  high  school. 

J.  W.  Brazee,  born  in  Schoharie  co.,  N.  Y.,  in  1827,  was  educated  for  a 
civil  engineer  and  draughtsman,  and  also  learned  the  trades  of  carpentry 
and  masonry.  Thus  equipped,  he  came  to  Cal.  in  1850  in  a  sailing  vessel. 
He  worked  at  his  trades,  and  among  other  buildings,  erected  the  episcopal 
church  on  Powell  street.  He  also  engaged  in  mining  and  other  industries, 
*  and  removed  to  Or.  in  1858.  Here  his  engineering  knowledge  was  called 
into  use,  and  he  located  the  trail  between  Fort  Vancouver,  W.  T.,  and  Fort 
Simcoe,  east  of  the  Cascades,  notwithstanding  that  McClellan  had  reported 
that  a  pack-trail  between  these  points  was  impracticable.  The  work  was 
accomplished  in  30  days  at  a  cost  of  $4,000,  and  the  trail  immediately  used 
for  transporting  government  freight  between  these  posts.  His  next  work 
was  that  of  constructing  a  railroad  portage  around  the  cascades  of  the 
Columbia  on  the  Oregon  side  for  J.  S.  Ruckle,  the  first  railroad  built  in  Ore 
gon,  and  completed  in  1862,  when  the  locomotive  pony  was  put  upon  the 
track,  and  run  by  Theo.  A.  Goffe.  The  steamboats  Idalio  and  Carrie 
Ladd  were  built  by 'him  in  1859  and  1860;  and  in  1862  took  charge  of  the 
construction  of  the  railroad  portage  on  the  Washington  side,  being  also 
placed  in  charge  of  the  Dalles  and  Celilo  railroad  the  following  year;  these 
roads  remaining  under  his  superintendence  until  1879,  when  the  0.  S.  N. 
company  transferred  them  to  Villard.  He  located  the  O.  C.  R.  R.  (west 


766  BIOGRAPHICAL. 

side)  for  20  miles,  in  1868;  located  and  surveyed  the  Locks  at  Oregon  City, 
and  estimated  the  cost  of  construction  more  nearly  than  any  one  el^e.  In 
March  1881  he  organized  the  Oregon  Boot,  Shoe,  and  Leather  company, 
which  received  the  gold  medal  for  superior  work  at  the  Portland  Mechanic^' 
fair;  and  was  one  of  the  organizers  and  directors  of  the  Portland  Savings 
Bank  of  which  he  was  for  several  years  vice-president.  Mr  Brazee  resided 
in  Skamania  co.,  Washington,  during  all  these  busy  years,  and  represented 
his  district  in  the  territorial  legislature  from  1864  to  1875,  being  at  the  same 
time  school  superintendent. 

John  Wilson,  boi-n  in  Ireland  in  1826,  came  to  Oregon  from  California 
in  the  winter  of  1849  on  the  bark  Ann  Smith,  George  H.  Flanders,  master. 
His  first  work  in  this  state  was  in  a  saw-mill  at  the  now  abandoned  site  of 
Milton  on  Scappoose  bay,  near  St  Helen,  where  he  earned  $4  per  day  and 
board.  He  remained  here  until  the  spring  of  1851,  when,  not  being  well, 
he  went  to  the  Tualatin  plains  for  a  sea  ;on,  where  he  recovered  and  re 
turned  to  Milton,  living  there  and  at  St  Helen  until  1853,  when  he  settled 
in  Portland  in  the  employ  of  Thos  H.  Hhvyer  of  the  Oreyonian  as  book-keeper 
and  collector.  A  year  later  he  entered  the  employ  of  Allen  and  Lewis, 
wholesale  merchants,  where  he  had  an  experience  worth  relating.  He  had 
been  suffering  much  from  ague  and  fever  for  two  years.  The  first  day's 
work  with  Allen  and  Lewis  was  very  severe  for  a  sick  man,  handling  heavy 
freight,  which  was  being  unloaded  from  a  ship,  coffee-bags  weighing  250  Ibs. , 
etc. ;  but  the  copious  perspiration  which  resulted  from  his  exertions  carried  off 
the  ague,  which  never  afterward  returned.  In  1856  he  purchased  a  general 
merchandise  business  on  Front  street,  and  took  partners.  In  1858  the  firm 
erected  the  first  store  (a  brick  one)  on  First  street.  After  several  changes, 
he  was  finally  established,  1870,  alone  in  a  store  erected  by  himself  on 
Third  street,  between  Morrison  and  Washington.  In  1872  he  built  two 
more  stores  on  that  street,  moving  into  one  of  them,  where  he  remained 
until  1878.  In  1880  he  was  elected  school  director  of  distNo.l.,  which  posi 
tion  he  still  fills.  His  policy  in  school  matters  has  been  liberal  and  elevat 
ing,  After  retiring  from  business  he  began  to  indulge  a  taste  for  literature 
and  books,  making  himself  the  owner  of  a  large  collection  of  valuable 
and  rare  publications. 

Martin  Strong  Burrell  was  born  in  Sheffield,  Ohio,  in  1834,  where  he  re 
sided  until  1856,  when  he  came  to  Cal.  in  search  of  health,  wintering  in  the 
Santa  Cruz  mountains.  In  March  1857  he  joined  Knapp  &  Co.,  agricultural 
implement  dealers,  becoming  associated  with  them  in  business,  and  remain 
ing  in  Portland  to  the  time  of  his  death,  which  occurred  about  1883.  His 
wife  was  Rosa  Frazier,  a  native  of  Mass.  Mr  Burrell  was  an  excellent  citi 
zen,  and  the  family  an  exemplary  one. 


INDEX. 


Abbott,  G.  H. ,  Indians  massacred  by, 
1854,  ii.  330;  Ind.  war,  1856,  ii. 
405;  Ind.  agent,  1860,  ii.  466,  477- 
8. 

Abernethy,  G.,  trustee  of  Or.  Insti 
tute,  1842,  i.  202;  petition  to  cong. 
i.  207-11;  resolution  of,  1842,  i. 
297;  gov.  of  Or.,  1845,  i.  471-2; 
messages  of,  1845,  i.  488,  528-31, 
536-8;  1847,  i.  669-70;  1849,  ii.  60; 
letter  to  McLoughlin,  i.  491;  inter 
course  with  Howison,  1846,  i.  586- 
7;  reflected,  1847,  i.  612;  character, 
i.  612-13;  proclamation  of,  1847,  i. 
680;  correspond,  with  Douglas,  i. 
681-2;  with  Ogden,  i.  687-8;  ad- 
ministr.,  i.  782-3. 

Abiqua  creek,  battle  of,  1848,  i.  747- 
9. 

Accolti,  Father  M.,  arrival  in  Or. 
1844,  i.  325;  in  charge  of  mission, 
i.  327;  correspond,  with  Lee,  1848, 
i.  743-4;  biog.,  i.  744. 

Adair,  J.,  collector,  1848,  i.  777;  ii. 
J04. 

Adams,  E.,  biog.,  i.  634. 

Adams,  S.  C.,  mention  of,  ii.  684. 

Adams,  T.,  mention  of,  i.  169-70; 
oratory  of,  226-7. 

Adams,  W.  L.,  biog.,  etc.,  of,  ii.  170; 
collector,  1861,  ii.  458. 

Adams,  Point,  reservation  at,  1849, 
ii.  86;  fortified,  1861-2,  ii.  511. 

Agricultural  college,  establd,  etc., 
1868,  ii.  660-1. 

Aiken,  J.,  mention  of,  ii.  743. 

Aikin,  H.  L.,  biog.,  i.  634. 

Ainsworth,  J.  C.,  master  of  Multno- 
mah  lodge,  1848,  ii.  31;  steamboat- 
ing.  4SO-1;  biog.  487 

Alabama,  petition  from,  1843,  i.  382. 

Albany,  condition,  etc.,  of,  1848,  ii. 
5-6,  716;  hosiery-mill  at,  ii.  732-3; 
flax-mill,  ii.  737. 


Albany  academy,  mention  of,  ii.  682. 
Albany  collegiate  institute,  ii.  682. 
Albina,  improvements,  etc. ,  at,  ii.  752. 
'Albion,'  ship,  case  of  the,  1849-50,  ii. 

104-6,  110. 
Alcorn,  Capt.  M.  F.,  the  Ind.  war, 

1855,  ii.  386-8. 
Alden,  Capt.,  the   Rogue   river  war, 

1853-4,  ii.  313-16. 
Alderman,  A.,  altercation  with  Me- 

Loughlin,  1844,  i.  459-60. 
Allen,  B.  &,  Ind.  commissioner,  1851, 

ii.  208. 

Allen,  J.,  mention  of,  i.  509. 
Allen,  S.,  mention  of,  i.  633. 
Allen,  congressman,  resolutions  of, 

1844,  i.  385-6. 

Allis,  S.,  mention  of,  i.  104-5. 
Allphin,  W.,  biog.,  i.  635. 
Alton,  meeting  at,  1843,  i.  382. 
Alvord,  Gen.,  correspond,  with  wool, 

ii.  344;  exped.  ordered  by,  1862,  ii. 

493;  requisit.  of,  1864,  ii.  497. 
Alzate,  A.,  name   of  Oregon,  i.  23-4. 
'Amazon,'  brig,  voyage   of,   1851,   ii. 

258. 
Ambrose,  G.  H.,  Ind.  agent,   1854,  ii. 

360,  371-2. 
'America,'  H.  M.  S.,  visit  of,  1845,  i. 

497-9. 

American  board  (missionary),  opera 
tions,  etc.,  of,  i.  104-5,  127,  343-4; 

ii.  293. 
American   Fur  company,  dissolution 

of,  i.  241. 
American   river,    Oregon   miners   at, 

1849,  ii.  46. 
Americans  at  Fort  Vancouver,  i.  43- 

5;  provis.  govt  establ'd  by,  1843-9, 

i.  293-314,  470-507,  526-41,  600-23; 

ii.  58-63. 
Americans,    party,    descript.    of,    ii. 

357-8. 

Anderson,  A.  C.,  biog.,  etc.,  of,  i.  39. 
Anderson,  E.  C.,  ministry  of,  ii.  683. 
Anderson,  Dr,  mention  of,  i.  178. 

(767) 


768 


INDEX. 


Andrews,    Major  G.   P.,    exped.    of, 

1860,  ii.  467. 

Angell,  M.,  biog.,  etc.,  of,  ii.  243. 
'Anita,'    U.    S.    transport,   visit    of, 

1848,  i.  745;  1849,  ii.  84. 
Ankeny,  A.  P.  &  Co.,  mention  of,  ii. 

741. 
Antelope  valley,  Ind.  raid  on,  1864, 

ii.  501. 
Applegate,  C.,  journey  to  Or.,   etc., 

1843,    i.    393,   408,    413;  settles  in 

Umpqua  valley,  1849,  i.  569. 
Applegate,  E.,  death  of,  1843,  i.  408. 
Applegate,  E.  L.,  ability,  etc.,  of,  ii. 

431 ;  commissioner  of  immigr.,  1873, 

ii.  595. 
Applegate,   I.   D.,   commissary,  etc., 

1870,  ii.  563,  566-9,  572-7. 
Applegate,  J.,   journey  to  Or.,  etc., 

1843,  i.  393,  396,  407-8,  412;  man 
uscript  of,  i.  406,  410-11;   accident 
to,  i.  410-11;  surveying   engineer, 

1844,  i.  440;  comments  of,  i.  444, 
462-3;  legislator,  1845,  i.  473;  1849, 
ii.  59-62;  measures,  etc.,  of,  i.  473- 
506,  533;  exped.  of,  1846,  i.  544-59; 

1847,  i.   679;  1850,  ii.   178-80;  set 
tles  at  Yoncalla,  1849,  i.  568-9;  the 
Cayuse    outbreak,    i.    670-3;    Ind. 
agent,    1870,   ii.   564;    peace   com., 
1873,  ii.  596,  601-3;  candidate  for 
sen.,  1876,  ii.  673;  death  of,  ii.  763. 

Applegate,  L.,  journey  to  Or.,  etc., 
1843,  i.  393,  408,  413;  exped.  of, 
1846,  i.  544-59;  1861,  ii.  489-90; 
settles  at  Ashland,  1849,  i.  569-70. 

Applegate,  O.  C.,  the  Modoc  war, 
1864-73,  ii.  577-8,  583,  586,  589-91. 

Applegate  creek,  Ind.  lights  at,  1856, 

'Argus,'  newspaper,  establ'd  1855,  ii. 

356;  attitude  of,  ii.  357-9. 
Armstrong,  P.,  mention  of,  i.  247. 
Ash  Hollow,  massacre  at,  i.  136. 
Ashburton,  Lord,  treaty  of,   1842,  i. 

380-1. 

Ashill,  P.,  biog.,  i.  468. 
Ashland,    L.    Applegate    settles    at, 

1846,  i.  569-70;  woollen  mill  at,  ii. 

733. 

Assumption,  mission  founded,  i.  327; 
Astoria,  missionaries  at,  1840,  i.  185; 

mail  to,  1847,  i.  614;  condition  of, 

1848,  ii.  6,  11;  Hill's  command   at, 

1849,  ii.  69-70:  Hathaway  at,  1350, 
ii.   88;    inaccessibility   of,    ii.    189; 
hist,  of,  ii.  708,  720. 

Atchison,  congressman,  bills  introd. 
by,  1844,  i.  384-8. 


Athey,  mention  of,  i.  413-14;  'Work- 

shops'  MS.,  414. 
Atkinson,  Rev.  G-.  H.,  arrival  in  Or., 

1848,  ii.  33;  biog.,  ii.  33-4;  college 

establ'd    by,   ii.    33-5;    missionary 

labors,  etc.,  of,  ii.  679-80. 
Atkinson,  G.  L.,  mention  of,  ii.  356. 
Atwell,  H.  W.,  petition  of,  1873,  ii. 

634. 

Atwell,  K.  H.,  mention  of,  ii.  600. 
Aubrey,  T.  N.,  biog.,  i.  627. 
Augur,  Capt.,  the  Ind.  war,  1856,  ii. 

401,  407-9. 
Aurora,   founding,  etc.,   of,    1855,  ii. 

717. 
Avery,  J.  C.,  member  of  legisl.,  1849, 

ii.  59;  biog.,  ii.  143-4. 
Avery,  T.  W.,  biog.,  i.  752. 


B 


Babcock,  Dr  I.  L.,  missionary  labors, 

etc.,  of,  i.  177,  190,   198-202,  218- 

21;  supreme  judge,   1841-3,  i.  294. 
Bache,  A.  D.,  survey,  etc.,  of,  1850, 

ii.  190,  248. 
Backus,  Lieut,  the  Ind.  war,  1866,  ii. 

516-17. 

Bacon,  J.  M.,  biog.,  etc.,  of,  i.  509. 
Bagby,  Senator,  the  Or.  bill,  1848,  i. 

764-5. 

Bailey,  C.,  mention  of,  ii.  381. 
Bailey,  H.,  killed  by  Indians,  1855,  ii. 

381. 
Bailey,  Capt.  J.,  the  Indian  war,  1855, 

ii.  381-2,  387. 
Bailey,  W.  J.,  arrival  in  Or.,  1835,  i. 

96;    chairman    of    comm.,    i.    294; 

provis.  govt  1844,  i.  427-30;  candi 
date  for  gov.  1845,  i.  471-2;  member 

of   convention,    1846,    i.    693^;  of 

legisl.,  1849,  ii.  59. 
Baillie,  Capt.  T.,  mention  of,  i.  447; 

letter  to  McLoughlin,  1845,  i.  497; 

at  Vancouver,  1846,  i.  576. 
Baker   city,    hist,    of,   ii.    706;  mines 

near,  ii.  739-40. 
Baker  city  academy,  mention  of,  ii. 

687. 
Baker,    Col,   the  Ind.   war,    1866,  ii. 

519,  523. 
Baker  county,  organized,  etc.,  1862, 

ii.  485;  hist,  of,  ii.  706. 
Baker,  E.  D..  biog.,  etc.,  of,  ii.  450; 

senator,   1860,  ii.  453-4;  death  of, 

1861,  ii.  457. 

Baker,  J. ,  mention  of,  i.  570. 
Baker,  Mrs,  biog.,  i.  570. 
Ball,  J.,  biog.,  i.  75. 
Ballenden,  J.,  mention  of,  ii.  277. 


INDEX. 


769 


Bangs,  Dr,  mention  of,  i.  178. 
Baptists,  operations  of  the,  ii.  6€3-4. 
Barber  &  Thorpe,  mention  of,  ii.  338. 
Barclay,  Dr  F.,  biog.,  39-40. 
Barker,  W.  S.,  mention  of,  i.  633. 
Barkwell,    M.    C.,    sec.      of    constit. 

convention,  1857,  ii.  423. 
Barlow,  J.,  biog.  of,  i.  527. 
Barlow,  S.  K.,  mention  of,  i.  509; 

journey   to    Or.,    1845,    i.    517-21; 

road  charter,  etc.,  of,  i.  532. 
Barnaby,  J.,  member  of  convention, 

1846,  i.  603. 

Barnes,  G.  A.,  biog.,  i.  752. 
Barnes,  'Oregon  &  California,'  MS., 

ii.  115. 
Barnum,  E.  M.,  adjutant-gen.,   1854, 

ii.  325;  the  Ind.  war,  1855,  ii.  384- 

7;  nominee  for  gov.,  1857,  ii.  430. 
Barry,  Capt.,  exped.  of,  1864,  ii.  499- 

500. 
Bartlett,  Lieut  W.,  survey,  etc.,  of, 

1850,  ii.  190-2. 
Baum,  J.,  biog.,  i.  629. 
Baylies,     congressman,    member     of 

comm.,   1821,   i.  351;  1823,  i.  360; 

speeches  of,  i.  353-8. 
Beagle,  journey  to  Or.,   1843,  i.  407. 
Beale,  Lieut  W.  K.,  the  Rogue  river 

war,  1853-4,  ii.  313. 
Beall,  T.  F.,  biog.,  ii.  712-13. 
Bean,  J.  R.,  biog.,  i.  527-8. 
Beaver,  Rev.  H  ,  at  Fort  Vancouver, 

1836-8,  i.  50-3. 
Beaver,  Mrs  J.,  at  Fort  Vancouver, 

1836-8,  i.  50-2. 
Beaver,    ship,    seizure,    etc.,    of   the, 

1850,  ii.  107-8. 

*  Beaver, '  steamer,  arrival  on  the  Co 
lumbia,  i.  123. 
Beers,   A.,  character,  etc.,  of,  i.  155, 

161-2;  trustee  of  Or.  institute,  1841, 

i.  202;  member  of  comm.,   1842,  i. 

304-5,  312. 

Beeson,  J.,  writings,  etc.,  of,  ii.  404. 
Beirne,  Lieut-col,  the  Ind.  war,  1866, 

ii.  525. 
Belcher,  Sir   E.,  exped.,  etc.,    of,    i. 

232-3. 
Beklen,   G.    H.,   survey,    etc.,    of,  ii. 

696-8. 

Belknap,  Mrs  J.,  biog.,  i.  753. 
Bell,  G.  W.,  auditor,  1846,  i.  606. 
Bellinger,  J.  H.,  biog.,  i.  628. 
Bennett,  Capt.  C.,  mention  of,  i.  578. 
Bent  fort,  desscript.  of,  i.  227-8;  Whit 
man  at,  1843,  i.  343. 
Benton  county,  establ'd,   etc.,   1847, 

ii.  10;  hist,  of,  ii.  706-7. 
Benton,  Rev.  S.,  mention  of,  L   174. 

OB.  II.    «. 


Benton,  T.  H.,  resolution,  etc.,  of,  in 
sen.,  1823,  i.  363-5,  370;  the  boun 
dary  quest.,  1846,  i.  590,  596;  letter 
to  Shively,  1847,  i.  616-17;  memo 
rial  presented  by,  i.  756;  the  Or. 
bill,  1848,  i.  761-3,  769-70. 

Bernard,  Capt.  R.  F.,  the  Ind.  war, 
1866,  ii.  523-5;  the  Modoc  war, 
1864-73,  ii.  581-96,  616. 

Bernia,  F.,  member  of  convention, 
1846,  i.  693. 

Berrien,  Senator,  the  Or.  bill,  1848,  i. 
763-4. 

Berry,  W.,  biog.,  i.  530;  the  Cayuse 
war,  i.  671,  703. 

Bethel  academy,  mention  of,  ii.  686. 

Bewley,  I.  W.,  biog.,  i.  634. 

Bewley,  Miss,  sickness  of,  i.  658;  ab 
duction  of,  1847,  i.  663. 

Biddle,  Col,  reconnaisance,  etc.,  of, 
1873,  ii.  605. 

Bigelow,  D.  R.,  commissioner,  1850, 
ii.  150. 

Bigelow,  W.  D.,  mention  of,  ii.  292; 
settles  at  The  Dalles,  1853,  ii.  724. 

Billique,  P.,  constable,   1841,   i.  294. 

Birnie,  J.,  mention  of,  i.  100. 

Bishop,  W.  R.,  mention  of,  ii.  683. 

Bissonette,  meeting  with  White's  ex 
ped.,  1842,  i.  258-9. 

Bitter  Root  river,  mission  on  the, 
1841,  i.  324. 

Black  Rock,  name,  i.  550-1. 

Black,  S.,  mention  of,  i.  36. 

Blain,  W.,  chaplain  of  legisl.,  1849, 
ii.  60;  public  printer,  1849,  ii.  79. 

Blair,  Mrs  E.  B.,  biog.  of,  i.  628. 

Blair,  T.  O.,  biog.  of,  ii.  715. 

Blair,  with  Farnham's  exped.,  1839, 
i.  227-9. 

Blakeley,  Capt.,  the  Ind.  war,  1856, 
ii.  403. 

Blanchet,  Rev.  F.  N.,  in  charge  of 
Or.  mission,  1838,  i.  316-25;  'His 
torical  Sketches, 'i.  320;  archbishop, 
1843,  i.  326;  vicariate  of,  i.  327. 

Blanchet,  A.  M.  A.,  bishop  of  Walla 
Walla,  1847,  i.  327,  654;  the  Cayuse 
outbreak,  1847,  i.  691-7. 

Bledsoe,  Capt.  R.,  the  Ind.  war,  1856, 
ii.  405. 

Blue  Cloak,  chief,  castigation  of,  i. 
330-1. 

Blue  mountains,  emigrants  cross,  1843, 
i.  402. 

Blunt,  Lieut  S.  F.,  commissioner, 
1848,  ii.  248. 

Boddy,  W.,  murder  of,   1872,  ii.  576. 

Boggs,  Ex-gov.,  gold  discov.  disclosed 
by,  1848,  ii.  43. 


770 


INDEX. 


Bogus,  H.,  with  Applegate's  exped., 

1846,  i.  551-2. 
Bohemia   district,    mines   in   the,    ii. 

742. 
Boise,  Fort,  mention  of,  i.  14;  Farn- 

ham's  exped.  at,  1839,  i.  229;  emi 
grants  at,  1843,  i.  401;  road  pro 
jected  to,  i.  531-2;  ii.  436,  476; 

abandoned,  1856,  ii.  112;  massacre 

near,  ii.  343;  milit.  post  at,  ii.  476, 

494-6;  Gen.    Halleck   at,    1866,   ii. 

526. 
Boise,    R.  P.,    mention   of,    i.    151-2; 

commissioner,     1850,    ii.    150;    dist 

attorney,  1851,  ii.  168;  dist  judge, 

1857,  ii.  431;  assoc.  judge,  1858,  ii. 

442;  decision  of,  1863,  ii.  642. 
Bolduc,  Rev.  J.  B.  Z.,   mention  of,  i. 

322;  head  of  college,  1844,  i.  325-6. 
Bonneville.  Lieut-col,  command  of,  ii. 

245;  requisitions  on,  etc.,    1853^4, 

ii.  313,  343. 

Bonser,  S.,  biog.,  i.  637. 
Bonte,  L.  la,  biog.  of,  i.  74,  78. 
Boon,  J.  D.,  terr.  treasurer,  1851,  ii. 

168;  1857,  ii.  431;  biog.,  ii.  168. 
Boone,  A.,  biog.,  i.  570-1;  member  of 

legisl.,  1846,  i.  604-6. 
Boone,  J.  L. ,  career  of,  ii.  457. 
Boonville,  raid  on,  1866,  ii.  522. 
Booth,  Gov.,  theModocwar,  1864-73, 

ii.  582,  588. 
Boston  Charley,  the  Modoc  war,  ii. 

603-10;  kills  Thomas,  1873,  ii.  612; 

surrender  of,  ii.  629;  execution  of, 

ii.  636. 
Boulder  creek,  Ind.  fight  at,  1866,  ii. 

522. 

Bourne,  J.,  biog.,  i.  784-5. 
Boutelle,  Lieut,  the  Modoc  war.  1864- 

73,  ii.  574-5. 
Bo  wen,  Lieut,  the  Ind.  war,  1866,  ii. 

514. 
Boyle,  Lieut  W.  H.,  the  Modoc  war, 

ii.  582;  attempted  murder  of,  1873, 

ii.  612-13. 

Bozar+h,  Mrs  A.  M.  L.,  biog.,  i.  635. 
Bozartli,  O.  W.,  biog.,  i.  527. 
Brattain,  T.  J.,  biog.,  ii.  715. 
Brazee,  J.  W.,  biog.  of,  ii.  765-6. 
Breckenridge,  in  cong.,  1822,  i.  358-9. 
Breeding,  W.  P.,  biog.,  i.  571. 
Breese,  Senator,  bill  in  trod,  by,  1848, 

i.  771. 
Bremer,  Van,  the  Modoc  war,  1864- 

73,  ii.  578-86. 
Brewer,  H.  B.,  land -claim  of,  1848,  ii. 

6. 
Brewer,    H.   D.,  mention  of,   i.    177, 

190,  221,  275. 


;  Briceland,  Lieut  I.  N.,  mention  of,  ii. 

248. 

Bridger,  Capt.,  mention  of,  i.   108. 
Bridger,  meeting  with  White's  exped. 

1842,  i.  259-60. 
Bridger,  Fort,  emigrants  at,   1846,  i. 

556. 

Bridges,  J.  C.,  constable,  1842,  i.  304. 
Brigade,  annual,  arrival  of,  i.  46. 
Briggs,  A.,  biog.  of,  i.  630. 
Bright,  Senator,  the  Or.  bill,  1848,   i. 

761-2. 

Bristow,  E.,  biog.,  i.  569. 
Bristow,  W.  W.,  biog.,  i.  752. 
Bromley,  I.  W.  R.,  mention  of,  i.  777. 
Brooks,  S.  E.,  biog.,  ii.   725. 
Brooks,  Q.  A.,  biog.,  i.  786. 
Broth erton,  Mrs,  bravery  of,  ii.  576. 
Brouillet,    J.     B.    A.,    vicar-gen,    of 

Walla  Walla,   i.  327-8;  arrival  in 

Or.    1847,    i.  654-6;  the   Whitman 

massacre,     i.      661-5;    'Authentic 

Accounts,'  i.  667. 
Brown,  H.  L.,  biog.,  i.  570. 
Brown,  J.  H.,   Autobiography,  MS., 

i.  646. 
Brown,  0.,  biog.,  i.  422;  with  White's 

exped.  1845,  i.  484. 
Brown.  S.,  mention  of,  i.  74-5. 
Brown,    Mrs  T.    M.,    arrival  in    Or. 

1846,   ii.  32;  biog.,   ii.  32;  charity 

of,  ii.  33-4. 
Brownfield,     D.    F.,    representative, 

1850,  ii.  161. 
Brownsville,  incorporated,  etc.,  1874, 

ii.  716. 

Bruce,  J.,  mention  of,  ii.  316. 
Bruce,  Major,  the  Ind.  wars,  1855-6, 

ii.  381-3,  386-9,  400. 
Bruneau  river,    Marshall's  exped.  to 

the,  1866,  ii.  520;  camp  on,  ii.  522. 
Brunt,     G.    J.    Van,    commissioner, 

1848,  ii.  248. 

Brush,  adventure  of,  1851,  ii.  199. 
Bryant,  W.  C.,  name  given  by,  to  Or,, 

1.  21-2. 

Bryant,  W.  P.,  chief-justice,  1848,  i. 
777;  dist  of,  1849,  ii.  70;  measures, 
etc.,  ii.  80;  neglect  of  duty,  ii.  101- 

2,  155;  bribery  of,  ii.  122. 
Buchanan,  Col,  the  Ind.   war,    1856, 

ii.    389,    396,    404-7;    at    Crescent 
City,  ii.  401. 

Buchanan,  Secretary,  the  N.  W. 
Boundary  treaty,  1846,  i.  594; 
correspond,  on  Or.  matters,  1847,  i. 
616;  with  H.  B.  Co.,  ii.  109;  de 
clines  purchase  of  H.  B.  Go's  prop 
erty,  1848,  i,  774-5, 


INDEX. 


771 


Buck,  H.,  sergeant-at-arms,  1850,  ii. 
143. 

Buck,  W.  W.,  biog.,  etc.,  of,  i.  509; 
commissioner,  1849,  ii.  79;  prest  of 
council,  1850,ii.  142;  business  ven 
tures  of,  ii.  732,  736. 

Build  Inlet,  settlement  on,  1844,  i. 
464. 

Buell,  E.,  biog.,  i.  627-8. 

Buford,  J.,  mention  of,  ii.   371. 

Bimton,  Capt.  E.,  mention  of,  i.  449. 

Buoy,  Capt.,  the  Ind.  war,  1856,  ii. 
390. 

Burch,  B.  F.,  biog.,  i.  544. 

Burgess,  Capt.  J.  C.,  the  Modocwar, 
1864-73,  ii.  626. 

Burkhardt,  L.  C.,  biog.,  i.   635. 

Burnett,  G.  W.,  biog.,  i.  571. 

Burnett,  P.   H.,  journey  to  Or.,  etc., 

1843,  i.  393-6,  403-7,  416;  journal 
of,    i.  406,  412;  provis.  govt,  etc., 

1844,  i.     427-32,     437;     supreme 
judge,    1845,    i.    496,    535;    assoc. 
judge,  1845-8,  i.  777;  liquor  law  of, 
i.  536;  oration  of,  1845,  i.  583. 

Burns,   H.,  magistrate,   1842,  i.  304; 

rights   granted    to,     1844,    i.    440; 

member  of  convention,  1846,  i.  693; 

mail  contract,  ii.   30. 
Burnt    River   Canon,    emigrants   on, 

1843,  i.  401. 

Burrell,  M.  S.,  ii.  719;  biog.,  ii.  766. 
Burris,  W.,  judge,  1845,  i.  496. 
Burton,  Capt.  G.  H.,  the  Modocwar, 

1864-73,  ii.  582,  588-91,  616. 
Burton,  J.  J.,  mention  of,  i.  527. 
Bush,  A.,  clerk  of  assembly,  1850,  ii. 

143;  terr.  and  state  printer,  ii.  14S, 

168,  431. 

Bush,  G.  W.,  mention  of,  i.  464. 
Butler,  Senator,  the  Oregon  bill,  1848, 

i.  769. 
Butte  Creek,   Indians  massacred  at, 

1855,  ii.  372. 
Butteville,   location  of,    ii.   6;  name, 

etc.,  ii.  716. 

C 

Cabaniss,   T.    T.,    mention    of,    613, 

629. 
'  Cadboro, '  schooner,  seizure,  etc.,  of, 

1850,  ii.  107. 
Cady,   Lieut-col  A.,  in  command  of 

Or.  dist.,  1861,  ii.  490. 
Caffrey,  J.  S.,  ministry  of,  ii.  681. 
'  Calapooya,   sloop,  built  1845,  ii.  27. 
Calapooyas,  threatened  outbreak  of, 

1843,  i.  275;  reservations,  etc.,  for, 

ii.  210-11:   treaty  with,    1851,  ii. 

211. 


Caldwell,  S.  A.,  biog.,  i.  785. 

California,  migration  to,  1843,  i.  393, 
400;  1844,  i.  465;  1845,  i.  510-11; 
1846,  i.  552-7;  effect  of  gold  discov. , 
1848-9,  ii.  42-65;  specific  contract 
law,  1863,  ii.  642-3;  trade  with, 
ii.  744-5. 

'  California, '  steamer,  at  Astoria, 
1850,  ii.  188. 

Calhoun,    Secretary,  negotiations  of, 

1844,  i.  386-7;  the  Or.  bill,  1848,  i. 
764,  769. 

Camaspelo,  Chief,  interview  with 
Blanchet,  etc.,  1847,  i.  691;  speech 
of,  i.  720. 

Campbell,  H.,  mention  of,  i.  222. 

Campbell,  J.,  biog.,  i.  570. 

Campbell,  J.  C.,  fjuarrel  with  Holder- 
ness,  1845,  i.  492. 

Campbell,  J.  G.,  member  of  Or.  Ex 
change  Co.,  1849,  ii.  54. 

Campbell,  R.,  mention  of,  i.  75. 

Campbell,  T.   F.,  mention  of,  ii.  687. 

Campbellites,  sect,  ii.  686. 

Campo,  C.,    magistrate,   1842,  i.  304. 

Canadians  in  Or.  1834,  i.  15-17,  64, 
315;  withdraw  from  provis.  govt, 
1841,  i.  295-9;  missionaries  among, 
i.  317-22;  join  Amer.  party,  i. 
471;  raise  Amer.  flag,  1847,  i.  610. 

Canby,  Gen.  E.  R.  S.,  supersedes 
Crook,  1870,  ii.  561;  the  Modoc 
war,  1864-73,  ii.  566-609;  confer 
ence  with  Modocs,  ii.  609-1 1 ;  mur 
der  of,  1873,  ii.  612;  honors  paid 
to,  ii.  613-14;  biog.,  614. 

Canby,  Fort,  name,  ii.  511. 

Canemah,  destroyed  by  flood,  1862, 
ii.  483. 

Canemalt,  location,  etc.,  of,  ii.  6. 

Canfield,  W.  !>.,  biog.,  i.  662;  escape 
from  Indians,  1847,  i.  663-5. 

Cannon,  W.,  biog.,  i.  74. 

Canon  city,  founding,  etc.,  of,  1862, 
ii.  712. 

Cape  Horn,  emigrants  at,  1843,  i.  411. 

Caplinger,  with  Palmer's  expedition, 

1845,  i.  521. 

Caravan,  chief  trader's  descrip.  of,  i. 

47. 

Card  well,  Dr  J.  R.,  mention  of,  ii.  759. 
Cardwell,  J.  A.,  biog.,  etc.,  of,  ii.  184. 
Cardwell,  Mrs  J.  A.,  biog.,  ii.  713. 
'  Carolina, '  steamer,  first  trip  of,  1850, 

ii.  188. 
Carpenter,  Dr  W.  M.,  mention  of,  i. 

671. 

Carson,  J.  C.,  biog.,  i.  784. 
Cartee,  L.  F.,  speaker,   1854,  ii.  349. 
Carter,  D.,  mention  of,  i.  177,  242. 


772 


INDEX. 


Caruthers,  Mrs  E.,  land  claim  of,  ii. 
288. 

Oaruthers,  F.,  land  claim  of,  ii.  288. 

Carver,  J.,  works  of,  i.  17-21;  map 
of,  i.  20;  name  of  Oregon,  i.  24-5. 

Cascade  Falls,  proposed  reservation 
at,  1846,  i.  602. 

Cascade  mountains,  emigrants  cross, 
1843,  i.  409-12;  1846,  i.  563. 

Case,  S.,  peace  commissioner,  1873,  ii. 
596. 

Casey,  Col  C.,  command  of,  ii.  201, 
235;  exped.  of,  1851,  ii.  235-7. 

Caster,  Lieut,  the  Rogue  river  war, 
1853-4,  ii.  320. 

Catholics,  missions  in  Or.,  1838,  i. 
315-29,  340-8,  640-2,  653-7;  oppo 
sition  to  protestants,  i.  328-48,  640- 
2,  653-6,  697-9,  743-4;  church,  etc., 
buildings,  ii.  678-9. 

Cavanaugh,  T.,  mention  of,  ii.  740. 

Cayuses,  missionaries  among,  i.  Ill, 
115-19,  316-17,  327-48;  outrages, 
etc.,  of,  i.  268,  274-7,  333-5,  344-7, 
402-3,  644-66;  conference  with, 
1843,  i.  277-80;  agric.  among,  i. 
338;  the  Whitman  massacre,  1847, 
i.  644-66;  captives  rescued  from,  i. 
686-96;  war  with,  1848,  i.  700-45; 
trial  and  execution  of,  1850,  ii.  92- 
9;  Dart's  visit  to,  etc.,  1851,  ii.  214; 
treaty,  etc.,  with,  1855,  ii.  363-6. 

Chadwick,  S.  F.,  biog.,  etc.,  of,  ii. 
182;  gov.,  1877,  ii.  673-4. 

Chamberlain,  Mrs  0.  W.,  biog.,  i. 
636. 

Chambers,  Rowland,  pion.  '45,  i.  525; 
biog.,  528. 

Champoeg,  situation,  i.  73;  school, 
1835,  86;  public  meeting  at,  262-3; 
excitement  at,  283;  conventions  at, 
1842,  1845,  303,  471;  church  dedi 
cated,  319;  ii.  678;  flood  at,  ii.  483. 

Champooick,  district  boundary,  i.  310. 

Chapin,  Lieut  E.  S.,  in  Modoc  war, 
ii.  616. 

Chaplin,  Daniel,  author  of  peace 
commis.,  ii.  595;  of  assembly, 
1864-5,  665. 

Chapman,  I.  B.,  at  indignation  meet 
ing,  ii.  162. 

Chapman,  W.  W.,  pion.  '47,  i.  625; 
arrest  of,  ii.  158-9;  surveyor-gen., 
295;  lieutof  vols,  386;  of  assembly, 
1858-9,  1868,  434,  668;  biog.,  705. 

Chase,  Mr  &  Mrs,  in  Snake  river 
massacre,  ii.  472. 

Chase,  Albert,  in  Snake  river  massa 
cre,  ii..  472. 


I  Chase,  Daniel  in  Snake  river  massa 
cre,  ii.  472. 
Chemakane,  mission  described,  i.  339- 

40. 
Chemeketa     mission,    site,    i.    191-2; 

work  at,   i.    192;    investigation  at, 

221;  dissolved,  221-2. 
Chemeketa  plains,  agriculture,   1840, 

191-3;  mills,  192;  school,   193,  201. 
'Chenemas,'    ship,    on   Columbia,    i. 

189,  199,  221,  245,  424,  466-7. 
Chenoweth,  F.  A.,  of  assembly,  1852, 

1866,  ii.  296,  666;  of  Or.  Cent.  R.  R. 

co.,  698,  699. 
Chiles,    Jos.    B.,    leader   Cal.    party, 

1843,  i.  393,  400. 
China  trade,  i.  371;  ii.  258. 
Chinese   mining,    attack   on,   ii.  521; 

acts  relating  to,  664-5. 
Chinooks,  the,  difficulties  with,  ii.  93. 
Christian  Advocate  and  Journal,  calls 

for  missionaries,  i.  171. 
Christmas  celebration,  i.  577-8. 
Cincinnati  R.  R.  Co.,  charter  granted, 

ii.  696. 
Civil  code  submitted  and  accepted,  ii. 

663-4. 
Clackamas  county,  boundary,  i.  539; 

hist,  of,  ii.  707- 
Clackamas  R.R.  Co.,  charter  granted, 

ii.  696. 

Clackamas,  the,  treaty  with,  ii.  217. 
Claiborne,  Bvt  Capt.  T.,  of  mounted 

rifles,  ii.  81;  defends  Inds,  96. 
Claim -jumping,  indignation  meeting, 

i.  610-11. 

Clark,  Mrs  Anna,  biog.,  i.  627. 
Clark,  Miss  C.  A.,  missionary,  i.  177; 

at  Nisqually,  188. 
Clark,  Miss  Grace,  adventures  of,  ii. 

216. 
Clark,  Harvey,  Or.   Institute,  i.  202; 

missionary,  244;  chaplain,  480;  ser 
mon,  July  4th,  584;  philanthropist, 

ii.  32-3;  teacher,  678. 
Clark,  I.  N.,  attack  on  Inds,  ii.  534. 
Clarke,  I.,  exped.  of,  ii.  305. 
Clarke,   Gen.   N.    S.,  in  com'd  of  de 
partment,  ii.  460. 
Clarke,    Saml   A.,    author   of    peace 

commis.,    ii.    595;    works   of,    692; 

director  Or.  Cent.  R.  R.,  699. 
Clatsop  county,  map  of,  i.  186;  boun 
dary,  539;  hist,  of,  ii.  708. 
Clatsop  district  estab.,  i.  435. 
Clatsop   mission,    work   at,  i.   185-8; 

sold,  221. 
Clatsop  plains,  agriculture,  1840,  185- 

8;  cattle  introduced,  187. 


INDEX. 


773 


Clatsops,  massacre  crew,  i.  41;  char 
acter,  188. 

Clemens,  John,  killed  on  the  '  Gazelle, ' 
ii.  340. 

Clergy,  position  of,  i.  301 ;  disabilities 
of,  1842,  305. 

Clerk,  H.  B.  Co. ,  fort  duties,  i.  8. 

Cluggage,  James,  county  com 'r,  ii.  299; 
in  Ind.  exped.,  315. 

Clyman,  James,  biog.  and  bibliog.,  i. 
451. 

Coad,  Henrietta  Gilliam,  biog.,  i.  469. 

Coal  discovered,  ii.  332;  first  ship 
ments,  333. 

Coal-fields,  hist,  of,  ii.  743. 

Coats,  John,  pion.  '46,  i.  568;  biog., 
570. 

Cochran,  R.  R.,  of  assembly,  1857-66, 
ii.  417,  432,  452,  666;  senator,  1868- 
70,  668,  671. 

Cockstock,  Indian,  quarrel  with  Wins- 
low,  serious  results,  i.  282. 

Coe,  David  L,  trial  of,  ii.  156. 

Coe,  Nathaniel,  postal  agent,  ii.  166; 
biog.,  189. 

Coeur  d'Alene  mines,  ores,  etc. ,  ii.  754. 

Cceur  d'Alenes,  miss,  work  among,  i. 
625;  attack  troops,  ii  461. 

Coffey,  Nebuzarden,  pion.  '47,  i.  625; 
biog.,  632. 

Coffin,  Stephen,  pion.  '47,  i.  625;  del. 
to  con.,  ii.  418;  built  steamer,  705. 

Coinage,  private,  ii.  54;  influx  of  for 
eign,  coin,  55. 

Coke,  Hy.  I.,  visit  of,  ii.  175. 

Colburn,  A.  C.,  killed  by  Inds,  ii.  315. 

Collins,  Luther,  pion.  '47,  i.  625;  biog., 
631. 

Collins,  Capt.,  explores  Yaquina  bay, 
ii.  203;  exped.  of,  520. 

Collins,  Smith,  pion.  '46,  i.  568;  biog., 
569. 

Collins,  Mrs  Smith,  biog.,  i.  569. 

'Colonel  Wright,'  steamer,  ii.  480. 

Colonization,  Or.,  i.  154-83. 

Colorado,  military  post  established,  i. 
376. 

'Columbia,'  bark,  i.  215;  ii.  48. 

'  Columbia,' steamer,  ii.  188;  hist,  of, 
255. 

Columbia  county,  hist,  of,  ii.  709. 

Columbia,  Mary,  firstchild  born,  i,  529. 

Columbia  river,  named,  i.  24;  fishery 
established,  245;  disputed  boundary, 
316;  value  of  trade  to,  354;  military 
posts  on,  361 ;  dangers  on,  558,  559, 
608;  dangerous  entrance,  ii.  23-6; 
first  steamers  on,  255-6,  improve 
ment  of,  755—6. 

Columbia  river  co.  founded,  i.  59. 


Colver,  David,  pion.  '45,  i.  525;  biog., 
571. 

Colville  valley,  mission  founded,  i.  327. 

Col  well,  Joseph  F. ,  murder  of,  ii.  546. 

Comegys,  Jacob,  pion.  '47,  i.  625; 
biog.,  633. 

Commerce,  English  vs  American,  i. 
366-7;  imports  and  exports,  ii.  744- 
5. 

Committees,  1844,  names,  capabilities, 
i.  431. 

Condit,  Alva,  Presb.  elder,  ii.  680. 

Condon,  T.  J,  missionary,  ii.  680. 

Conger,  S.  F.,  murder  of,  ii.  477. 

Congregational  church,  hist,  of,  ii. 
679,  680. 

Congress,  settlers  petition,  i.  168,  172, 
176,  206-9,  231,  233,  245;  Or.  ques 
tion,  349-390;  Linn's  2d  bill,  372; 
memorial  to,  ii.  436-8,  481-3;  1st 
delegate  from  Or.,  113;  instructions 
to  delegate,  299-300;  appropria 
tions  by,  326-7;  7o6-7. 

'  Congress, '  U.  S.  frigate,  i.  583. 

Congressional  appropriations,  waste 
of,  1854-5,  ii.  350-2. 

Conklin,  David,  murder  of,  ii.  527. 

Conner,  John,  of  anti-slavery  party, 
ii.  359. 

Conner,  Sergt,  fight  with  Inds,  ii. 
423,  424. 

Connolly,  Nelly,  marries  Douglas,  i. 
52. 

Conser,  Jacob,  of  assembly,  1851-2, 
1856-7,  ii.  72,  296,  417;  university 
trustee,  299;  school  trustee,  685; 
director  Or.  Cent.  R.  R.,  699. 

Conser,  Mrs  Jacob,  biog. ,  i.  752. 

Constitutional  convention,  act  to 
hold,  i.  441-2;  acts  of,  ii.  423-6. 

Convention,  meeting,  i.  603;  resolu 
tions  adopted,  i.  604. 

Conver.se,  Lt  0.  I.,  com'd  at  Fort 
Walla  Walla,  ii.  532. 

Cook,  A.,  with  Farnham's  exped., 
227,  237. 

Cook,  I.  D.,  in  Ind.  exped.,  ii.  240. 

Cook,  John  G.,  claim  of,  ii.  321. 

Cooke,  map,  i.  23. 

Cooke,  Mrs  Belle  W.,  works  of,  ii. 
692. 

Cooke,  E.  N.,  nominated  state  treas 
urer,  ii.  637;  of  W.  V.  R.  R.  Co., 
697;  director  Or.  Cent.  R.  R., 
699. 

Coon,  W.  L.,  of  anti-slavery  party, 
ii.  359. 

Cooper,  Chandler,  biog.,  i.  627. 

Coos  bay,  Lt  Stanton's  exped.  at,  ii. 


774 


INDEX. 


202;    settlement    at,    1853,    331-4; 

hist  of  coal  fields,  743. 
Coos  county,  created,  ii.  254;  hist,  of, 

709. 
Coppinger,    Bvt  Lt-col    I.    I.,   com'd 

Camp  Three  Forks,  ii.  532. 
Conquilles,  the,   attitude  of,   ii.  234; 

fight    with,    235-8;    trouble    with, 

391. 
Corbett,  H.  W.,  U.  S.  senator,  biog., 

ii.  639,  667,  764;  library  director, 

694;  of  W.  V.  R.  R.  Co.,  697;  of  Or. 

Cent.  R.  R.,  698;  of  Or.  R.  R.  &  N. 

Co.,  704. 

Cornelius,  Benjamin,  biog.,  i.  528. 
Cornelius,    Florentine  Wilkes,  biog., 

i.  531. 

Cornelius,  Saml,  missionary,  ii.  683. 
Cornelius,  T.  R.,  pion.   '45,  i.  525;  of 

council,  1856-9,  ii.    417,    429,    432, 

434;    senator,     1860-70,    452,    665, 

666,  668,  671;  col  of  Or.  vols,  491; 

resigns,  493;  director  Or.  Cent.  R. 

R.,  699. 
Cornwall,    I.    A.,    pion.    '46,    i.    568; 

biog.,  570;  Presb.  minister,  682. 
Cornwall,    P.  B.,  bearer  of   Masonic 

charter,  ii.  31. 

Corvallis  county,  hist,  of,  ii.  707. 
Couch,  I.  H.,    on   Columbia,    i.    221, 

245,     466;     White's      interference 

with,  281;  mem.  P.  L.  L.  C.,  296-7; 

director   Or.   Printing  Assoc.,  536; 

treasurer,  606,  612. 
Counties,   hist,   of,   ii.   706-726;   min 
eral  resources  of,  754-5. 
Cow  creek,  Ind.  depredations,  ii.  381. 
Cow     creek     Inds,     land    purchased 

from,  ii.  319. 

Cowan,  Robert,  biog.,  i.  633. 
'Cowlitz,'bark,  250-1. 
Cowlitz  valley,  i.  Ind.  troubles  in,  ii. 

67,  68. 
Cox,    Jesse,    of  court   convention,  ii. 

423. 
Cox,  Joseph,  pion.   '47,  i.  625;  biog., 

630;  of  court  convention,  ii.  423. 
Cox,  T.  H.,  pion.    '47,    i.    625;  biog., 

630;  of  Or.  Cent.  R.  R.,  ii.  698. 
Coyle,  R.  S.,  of  const,  convention,  ii. 

423. 

Craft,  Charles,  biog.,  i.  527. 
Craig,  I.  T.,  of  anti-slavery  party,  ii. 

359. 
Craig,  Wm,  at  Lapwai,  i.  649;  leaves 

Clearwater,     697;    agent     to     Nez 

Perces,  721. 

Crain,  J.  H.,  biog.,  i.  629. 
Cranston,  Lt  Arthur,  in  Modoc  war, 

killed,  616,  520;  biog.,  624. 


Cravigan,  Rich.,  murder  of,  ii.  576. 

Cravigan,  W.,  murder  of,  ii?  576. 

Crawford,  David,  explores  Puget 
Sound,  i.  463^1. 

Crawford,  John  Davis,  biog.,  i.  631. 

Crawford,  Medoram,  pion.  '42,  i.  76, 
256;  biog.  and  bibliog.,  265;  mem. 
P.  L.  L.  C.,  297;  of  legislature,  ii. 
59,  452;  signs  memorial,  127;  col 
lector,  670. 

Crawford,  Peter  W.,  biog.  and 
bibliog.,  i.  646-7. 

Creighton,  N.  M.,  supports  G-ov. 
Lane,  ii.  93. 

Cresson,  Capt.,  in  Modoc  war,  ii. 
622. 

Crocker,  N.,  death,  i.  199-200,  256. 

Crockett,  John,  com.  of  Island  co., 
ii.  299. 

Crook  county,  hist,  of,  ii.  710. 

Crook,  Geo.,  Lt-col,  relieves  Mar 
shall,  ii.  531;  actions  of,  532-45. 

Crooks,  I.  M.,  in  Ind.  exped.,  ii.  313. 

Crosby,  Capt.  N.,  piloting,  ii.  26; 
mill  sold  to,  50. 

Crouch,  W.  H.,  wounded,  ii.  383. 

Crow,  James,  murder  of,  ii.  477. 

Cullen,  John  W.,  lieut  of  Or.  vols., 
ii.  510;  acts  of,  512. 

Cully,  I.  W.,  elected  to  senate  1858, 
ii.  432. 

Culver,  C.  P.,  editor,  i.  575. 

Culver,  Saml,  favors  new  ter.  scheme, 
ii.  255;  Ind.  agent,  312;  anti-slav 
ery  party,  359;  signs  petition,  376. 

Cunningham,  Joseph,  biog.,  i.  527. 

Curly- headed  doctor,  in  Modoc  war, 
ii.  575,  576,  599;  surrenders,  627. 

Currency  and  prices,  13-15;  ii.  796-8. 

Curry  county,  established,  ii.  415; 
hist,  of,  710. 

Curry,  Geo.  B.,  of  Or.  vols,  ii.  491; 
exped.  of,  496,  499;  in  com'd  of 
Columbia  dist,  515;  retires,  517. 

Curry,  Geo.  L.,  editor,  i.  57-5;  loan 
commis'r,  671,  672;  of  legislature, 
ii.  58,  59,  158;  acting  sec.,  69; 
post  master,  187;  apptd  gov., 
character,  348;  biog.,  349;  procla 
mation,  384;  calls  out  vols,  399; 
message,  435;  nomination,  444. 

Curry,  Thomas,  biog.  of,  ii.  713. 

Curtis,  E.  I.,  favors  new  ter.  scheme, 
ii.  255. 

Crump,  James  T.,  biog.,  i.  571. 

'  Cyclops, '  ship,  wrecked,  ii.  300. 


Daily  Advertiser,  newspaper,  ii.  448. 


INDEX. 


775 


Daily  News,  newspaper,  ii.  448. 

Daily  Times,  newspaper,  ii.  449. 

Dallas  founded,  ii.  251. 

Daly,  John,  killed  on  the  'Gazelle,' 
ii.  340. 

Daniels,  W.  B.,  del.  to  convention, 
1857,  ii.  418. 

Darragh,  John,  apptd  to  raise  Ind. 
co,  ii.  531. 

Darrough,  I. ,  favors  new  ter.  scheme, 
ii.  255. 

Dart,  Anson,  supertd  of  Ind.  affairs, 
ii.  206;  offl.  actions  of,  213-18. 

Dart,  Geo.,  favors  new  ter.  scheme, 
ii.  255. 

Davenport,  T.  L,  in  explor  exped.,  ii. 
197. 

Davidson,  Geo.,  survey  exped.,  ii. 
248-9. 

Davidson,  James,  biog.,  i.  629. 

Davidson,  James,  biog.,  i.  632. 

Davidson,  Thomas  L.,  biog.,  i.  624, 

Davis,  Byron  N.,  Ind.  agent,   ii.  469. 

Davis,  Henry  W.,  biog.,  i.  628. 

Davis,  Col  Jefferson  C.,  succeeds 
Canby,  ii.  624;  action  in  Modoc 
war,  624-31. 

Davis,  John  W.,  Apptd  Gov.  1853, 
biog.,  ii.  322;  acts  of,  323,  324; 
resigns  1854,  character,  348-9. 

Davis,  Leander  L.,  biog.,  i.  636. 

Davis,  Samuel,  biog.,  i.  570. 

Dawson,  V.  W.,  pion.  '43,  i.  394;  Cal. 
emigrant,  400;  arrest,  445. 

Dayton,  founded,  ii.  251. 

Deady,  M.  P.,  on  sup.  court,  i.  151-2; 
supports  Gov.  Lane,  ii.  93;  of  As 
sembly,  143;  biog.,  144;  revises 
laws,  150;  Atty,  158;  of  council 
1851-2, '161,  296;  trustee  of  Or. 
Academy,  167;  Associate  Judge, 
307-8;  at  constitutional  convent, 
423;  elected  U.  S.  Judge,  442;  U. 
8.  dist  Judge,  669;  University  di 
rector,  690;  of  Or.  medical  college, 
691;  mention  of,  747,  763-4. 

Dean,  N.  C.,  farm  of,  ii.   184. 

Deception  Pass  on  Puget  Sound,  i. 
464. 

De  Cuis,  A.  P.,  of  Coos  Bay  Co.,  ii. 
332. 

Deer  Lake,  name,  i.  72. 

Dolaney,  Daniel,  biog.,  i.  422. 

Delano  Sec.,  actions  in  Modoc  affair, 
ii.  597,  602;  hanged  in  effigy,  613. 

Delore,  Antonio,  exploring  party,  i. 
532. 

'Demares  Cove,'  ship,  ii.  333. 

Demers,  Father,  asst  to  Blanchet,  i. 
316;  founds  Willamette  miss.,  318- 


319;    vicar  gen.,    326;   journey   to 

Europe,  327;  chaplain,  480. 
Democratic    Herald,    newspaper,    ii. 

448. 
Democratic  party,  organized  1852,  ii. 

172;  rupture  iii,447;  defeat,  1888,762. 
Democratic  Statesman,   policy  of,  ii. 

420-2,  448. 
Demry,  John,  nominated  for  Gov.,  ii. 

430. 

Denoille,  Sergt,  murder  of,  ii.  547. 
Dent,  Capt.  F.  T.,  com'd  at  Hoskins, 

ii.  488. 

De  Puis,  W.,  cattle  exped.,  i.  42. 
Des  Chutes  river,  mode  of  crossing,  i. 

514. 
De  Smet,  Pierre,  Jesuit  priest,  labors 

of,  i.  322-6;  physique,  323;  bibiog., 

327;  hostility  of,  340. 
De  Vos  Peter,  R.  C.  priest,   1843,  i. 

325;  St.   Ignatius  Miss.,  327;  with 

hunting  party,  396;  discovers  pass, 

398. 

'Diana,' brig.,  i.   154, 
Diamond,  bark,  i.   188;  ii.  48. 
Diamond,  John,  exped.  of,  ii.  305. 
Diamond  Spring,  named,  i.  558. 
Dickinson,  Obed,  missionary,  ii.   680. 
Dilley,  murdered  by  Inds,  ii.  223. 
Dillon,  William  H.,  biog.,  i.  636. 
Dimick,  A.  R.,  biog.,  i.  638. 
Disappointment   Cape,    surveyed,    ii. 

249;  lighthouse  at,  511. 
Diseases,  disappearance  of,  ii.  39. 
Distillery,    Young's,    i.  98,    99,    102, 

160;  descript  of  first,  281. 
Divorce    law,    passed,    ii.    299,    300; 

clause  in  constitution,  438. 
Dixon  Robt,  murder  of,  ii.  549. 
Dobbins,  C. ,  injured  on  the  '  Gazelle, ' 

ii.  340. 

Dodson,  Jesse,  in  Ind., exped.,  ii.  224. 
Dogs,  excitement  regarding  killing,  i. 

258. 
Doherty,  A.   S.,  in  explor.  exped.,  ii. 

197. 
Doke,  William,  escapes  drowning,  i.. 

408. 

'Dolly,'  schr,  ii.  27. 
Dolph,  I.  N.,  of  Senate,  1866,  ii.  660.; 

U.  S.  senator,  biog.  676;  of  Or.  R.  II. 

&  N.  Co.,  704;  mention  of,  756;  coast 

defence  bill,  757. 

Dominus,  Capt.,  in  Columbia,  i.  40. 
Donation  Claims,    land  taken  under, 

ii.  659. 
Donation   Laws,    its    provisions    andi. 

workings,    ii.    260-3;    advantages* 

and  disadvantages  of,  299. 


776 


INDEX. 


Donnar  party,  joins  immigrants  1846 

i.  556. 
Donpierre,  David,  on  Govt  committee 

i.  294. 

Dor  ion,  B.,  accompanies  White,  15tl 
Nov.  1842,  i.  268. 

Dorr,  Eben  M.,  seizes  the  'Albion, 
ii.  105. 

Dougherty,  Wm  P.,  promoter  o: 
masonry,  ii.  30;  left  tor  Cal.,  47 
at  indignation  meeting,  162;  com 
mis'r  of  Pierce  Co. ,  299. 

Douglas,  county,  organized,  ii.  166 
hist,  of,  710. 

Douglas,  A.,  killed  by  Inds,  ii.  315. 

Douglas,  David,  in  Oregon,  i.  17. 

Douglas,  James,  appearance,  i.  31;  at 
F.  Vancouver,  48;  marriage,  52 
receives  missionaries,  135;  grants 
site  for  miss.  1839,  318;  action  in 
clerical  affairs,  320;  moved  to  Vic 
toria,  598;  commu.  massacre  to 
Gov.,  670;  action  in  regard  to  loan, 
C72-5;  demands  explanation  from 
Abernethy,  681-2. 

Dowell,  Ben  Franklin,  biog.,  ii.  370, 

Downing,  Miss  Susan,  arrives  Or.,  i. 
156;  at  Willamette  Mission,  i. 
157-9. 

Drake,  Lt,  works  of,  ii.  691. 

Drake,  Lt-col,  in  com'd  of  Columbia 
dist,  ii.  517. 

Drew,  C.  S.,  favors  new  ter.  scheme, 
ii.  255;  Qt  Master  of  Militia,  325; 
Adj.  of  vols,  379;  Major,  492;  re- 
connoissance  of,  503-5. 

Drew,  E.  P.,  Ind.  agent,  ii.  360;  offl 
acts  of,  392-3. 

Drew,  I.  W.,  of  H.  of  Rep.  1851,  ii. 
158;  in  explor.  exped.,  176;  senator 
1862-3,  638. 

'Dryad,'  ship,  i.  94. 

Dryer,  T.  I.,  founded  'Oregonian,'  ii. 
147;  of  Assembly  1856-9,  417,  429, 
432,  434;  of  constitutional  convent, 
423;  commis'r  to  Hawaiian  Isls,  458. 

'  Due  de  Lorgunes, '  brig,  ii.  48. 

Duelling,  bill  to  prohibit,  i.  492. 

Dugan,  Rich.,  favors  new  ter.  scheme, 
ii.  255;  military  commis'r,  314. 

Du  Guerre,  Baptiste,  accompanies 
White,  i.  484. 

Dunbar,  John,  missionary,  i.  104,  107. 

Dunbar,  Rice,  biog.,  i.  572. 

Duncan,  Geo.  Clayton,  biog.  of,  ii. 
715. 

Duncan,  I.  C.,  biog.,  ii.  184. 

Duncan,  L.  I.  C.,  of  const,  convention, 
ii.  423 


Duniway,   Mrs  A.   S.,  works  of,    ii. 

691. 
Dunn,  John,  at  Fort  George,   i.   38; 

character,  44. 
Dunn,  Pat.  in  Ind.  exped.,  ii.  313;  of 

assembly  1854-5,  349. 
Dunning,     U.      H.,     of    anti-slavery 

party,  ii.  359. 

Duntz,  Capt.,  on  the  Sound,  i.  499. 
Duskins,  rescues  immigrants  1846,  i. 

564. 

Dwight,  at  Fort  Hall,  i.  30. 
Dyar,    L.    S.,    Ind.    agent,    ii.    568; 

actions  in  Ind.  War,  569-79;  peace 

commr,  606,  610-12. 


.E 


Eades,  Clark,  punishment,  i.  450. 

Eagle,  Nez  Perce  chief,  counsels 
Mrs  Whitman,  i.  665-6. 

Eales,  Capt.,  on  Oregon  coast,  i.  84, 

Earhart,  R.  P.,  sec.  of  state,  ii.  762. 

East  Portland,  progress  of,  ii.  752. 

Eastham,  E.  L.,  mention  of,  ii.  753. 

Eaton,  Charles  H.,  biog.,  i.  421. 

'E.  D.  Baker,'  steamer,  ii.  481. 

Edmonds,  John,  shooting  affair,  i. 
444-5;  left  for  Cal.,  ii.  47. 

Edmunds,  John, accomp.  White,  i.  434. 

Edmundson,  Indian  mission,  i.  55. 

Education,  effort  toward,  1834,  i.  315; 
girls'  school  opened,  325;  grants  of 
land,  608;  drawbacks,  Ii.  31. 

Educational  institutions,  ii.  32. 

Edwards,  P.  L.,  missionary,  i.  59; 
character,  60;  building  miss.,  78-90; 
treas.  Willamette  Cattle  Co.,  141; 
goes  to  Cal.  for  cattle,  142-150;  life, 
169;  infor.  to  emigrants,  292-3. 

Edwards,  Rich.,  killed  by  Inds,  ii. 
312. 

Eells,  C.  C.,  missionary,  i.   137-8. 

Eells,  Myron,  missionary,  i.   138. 

Eells,  Mrs,  missionary,  i.   137-3. 

Ehrenberg,  H.,  Or.  settler,  i.  240; 
biog.  240-1. 

Election,  freedom  of  vote,  i.  307. 

Eliot,  S.  G.,  surveyed  R.  R.  line,  ii. 
696. 

Elizabeth,  mining  town,  ii.  330. 

Elizabethtown,  Ky,  petition  to  Con 
gress,  i.  374. 

Elkins,  Luther,  of  assembly  1853-5, 
ii.  323,  349;  of  constitutional  con 
vention,  423;  senator  1858-60,  432, 
452;  R.  R.  commisr,  696. 

Elhins,  W.  S.,  of  assembly  1870,  ii. 
671. 
El  Placer, 'brig.,  ii.  48. 


INDEX. 


777 


Elliot,    Col,    Mil.    commis.     to    try 

Modocs,  ii.  635. 

Elliott,  Wm  M.,  claim  of,  ii.  321. 
Ely,  Lt,  in  Indian  exped.,  ii.  314. 
Ellis,  Ind.   chief,   biog.,   i.    271;  cun 
ning  of,  286-9;  hostility,  330-2. 
Ellsworth,  S.,  of  Or.  C.  M.  R.  Co.,  ii. 

652;  director   Or.  C.    R.    R.,   698, 

699. 
Emehiser,    I.,    in    immigrant    party 

1859,  ii.  463. 
Emigrants,   Whites  party,    i.   256-7; 

life  on  the  plains,   257;  character, 

392;  scarcity  of  food,  416-17;  1844, 

448-9. 
Emigration,   inducements   offered,    i. 

374-5;  organization  1843,  393-424; 

character,  425-7. 
'  Emily  Packard, '  ship   wrecked,    ii. 

301. 
Emmons,  Lieut,  exped.   from    Or.  to 

Cal.,  249. 

Eagle,  William,  biog.,  i.  528. 
English,   emig.  to  Or.,    i.    377;  fleet, 

497. 
English,  L.   N.,  leased  penitentiary, 

biog.,  ii.  644. 
Enos,    half   breed,    treachery   of,    ii. 

394. 

'Enterprise,'  steamer,  ii.  340. 
Episcopal  church,  hist,  of,  ii.  685-6. 
Erasmus,  Christopher,  murder  of,  ii. 

577. 

Ergnette,  W.,  cattle  exped.,  i.  142. 
Ermatinger,  F.,  character,  i.  32-33; 

attacked  by  Inds,  136;  Men.  P.  L. 

L.  C.,  297;  treasurer,  472,  480,  496. 
Ettinger,  S.,  favors  new  ter.  scheme, 

ii.  255. 
Eugene,  founders  of  city,  ii.  251;  co'ty 

seat,  299;  university  at,  661. 
Euliiiger,  Sigmond,  claim  of,  ii.   321. 
Evans,  Allan,  bravery  of,  wounded, 

ii.  378. 

Evans,  David,  claim  of,  ii.  321. 
Evans,  Samuel,  murder  of,  ii.  489. 
Evans,  I.,  exped.  of,  ii.   300. 
Everest,  Mr  and  Mrs,  biog.,  i.  631. 
Everman,  Hiram,  trial  of,  ii.  156. 
Everman,    Niniwon,    explores   Puget 

Sound,   i.   463-4;  left  for  Cal.,    ii. 

47. 
Everman,  Wm,  trial  and  execution, 

ii.  156. 

'  Ewing,'  survey  schr,  ii.  190-2. 
Ewing,    F.    Y.,    travels  with  Lee,  i. 

169. 

Executive  Com.,  pay,  i.  440;  author 
ity,  i.  441-2. 
Express  Co. ,  first  in  operation,  ii.  339. 


Executive,  power,  summary,  1842,  i. 

307-8. 
Express,    meeting    to     provide    for 

sending,  i.  552. 
Eyre,  Miles,  drowned,  i.  400. 


Fackler,  Samuel,  biog.,  i.  631. 

Fackler,  Rev.  St  M.,  biog.,  i.  629.    ' 
Failing,  Henry,  biog.  of,  ii.  765. 

Fairchilds,  John  A.,  farm  of,  ii.  578; 
removes  Hot  Creeks,  578-80;  acts 
in  Modoc  war,  589,  597-607;  favors 
Modocs,  634. 

Falls  debating  soc  ,  founding,  i.  265. 

'Falmouth,'  ship,  ii.  139. 

'  Fama, '  bark,  i.  422. 

Fanning,  Mrs  Rebecca,  biog.,  i.  530. 

Farley,  John  F.  biog.,  i.  630. 

Farming  interest,  rise  of,  ii.  338. 

Farnham,  T.  I.,  at  Fort  Vancouver, 
i.  44,  130,  234;  exped.,  227-34; 
works  of,  230-1 ;  in  Willamette  val., 
231;  at  Sandwich  Is.,  234;  report 
on  Or.,  236. 

Farrar,  W.  H.,  of  const,  convention, 
ii.  423. 

'Fawn,'  ship,  wrecked,  ii.  300. 

Fay,  James  D.,  biog.,  i.  571;  of  as 
sembly,  1862-5,  ii.  638,  665;  defeat 
ed  for  congress,  669;  senator,  1870, 
671. 

Fellows,  A.  M.,  enrolling  officer,  ii. 
399. 

Ferree,  D.  I.,  in  com'd  of  Klamaths, 
ii.  577. 

Ferries,  rights  granted,  i.  440. 

Ferry,  Chas,  of  anti-slavery  party,  ii. 
359. 

Feudalism  among  fur-traders,  i.  46-7. 

Fickas,  John  L.,  death  of,  ii.  370. 

Field,  M.  C.,  with  Stuart's  hunting- 
party,  i.  396. 

Fields,  Mr,  biog.,  i.  637. 

Fields,  Calvin,  killed  by  Inds,  ii.  371. 

Figueroa,  gov.  of  Cal.,  i.  91,  97. 

Finances,  state  of,  1854-5,  ii.  355. 

Finlayson,  D.,  at  Fort  Vancouver,  i. 
34,  37. 

'Firefly,'  steam-tug,  wrecked,  ii.  341. 

'Fisgard,'  Eng.  frigate,  i.  499;  officers 
of,  579. 

Fisher,  Mrs  John,  biog.,  i.  636. 

Fishery,  establish,  on  Columbia,  1840, 
245. 

Fiske,  De,  E.  R.,  in  explor.  exped.,  iL 
176. 

Fikh,  T.  L.  exped.  agtinst  Inds,  ii 
464. 


778 


INDEX. 


Fitzgerald,  Maj.,  pursuit  of  Inds,  ii. 
373,  374. 

Fitzhugh,  Solomon,  of  const,  conven 
tion,  ii.  423;  senator,  18(30-3,  452, 
638. 

Fitzhugh's  mill,  meeting  at,  of  emig. 
of  1843,  i.  393. 

Fitzpatrick,  trader,  missionaries  with, 
i.  107,  127;  with  White's  party, 
259,  260. 

Five  Crows,  Cayuse  chief,  i.  279,  280; 
outrages  by,  662-3. 

Flanagan,  Pat.,  in  explor.  exped.,  ii. 
176;  settles  on  Coos  bay,  334. 

Flatheads,  at  St  Louis,  i.  54;  mission, 
65-6;  missionaries  among,  137;  R. 
C.  influence  with,  322-3. 

Fleming,  John,  printer,  biog.,  i.  575; 
signs  memorial,  ii.  127. 

Fletcher,  F.,  with  Farnham's  exped., 
227,  237. 

Flint,  A.  C.,  founds  Winchester,  ii. 
183. 

Floods  of  1861-2,  ii.  482-5. 

Flour,  hist,  of  manufacture,  ii.  729. 

Foisy,  M.  G.,  biog.,  i.  467. 

Foley,  Dr,  settler  at  Coos  bay,  ii.  334. 

Fontenelle,  trader,  missionaries  with, 
i.  106-8. 

'Forager,'  ship,  seizure  of,  ii.  107. 

Ford  family,  settlers  and  biog.,  i.  413. 

Ford,  Nathaniel,  leader  of  party,  i.450; 
biog.,  469;  supreme  judge,  496;  co'ty 
treasurer,  612;  of  ter.  council,  1849, 
1856-9,  ii.  71,  417,  429,  434;  of  H. 
of  Sept.,  1851-5,  158,  349;  on  peni 
tentiary  board,  298;  senator,  1866- 
8,  660,  668. 

Ford,  Nineveh,  first  to  arrive  at  Dalles, 
i.  408. 

Ford,  Mrs  R.  A.,  biog.,  i.  636. 

Ford,  Sidney  S.,  biog.,  i.  527. 

Forclyce,  A.  G.,  in  Ind.  exped.,  ii. 
313;  claim  of,  321. 

'  Forrest, '  brig,  ii.  48. 

Forsyth,  J.,  appoints  U.  S.  agent,  i. 
100. 

Fort  Boise,  established,  i.  14;  ii.  500; 
Farnham's  exped.  at,  i.  229;  aban 
doned,  ii.  112;  massacre  near,  343; 
military  post,  494. 

Fort  Canby,  erection  of,  ii.  511. 

Fort  Colville,  description,  i.  14;  mis 
sionary  at,  1839,  318-19. 

Fort  Deposit,  named,  i.  521. 

Fort  George,  description,  i.  11;  trad 
ing  post,  29. 

Fort  Gilliam,  named,  i.  703. 


Fort  Hall,  established,  i.  14;  mission 
aries  at,  62;  built,  63;  Farnham 
exped.  at,  228-9;  immigrants  at, 
451;  abandoned,  ii.  112, 

Fort  Klamath,  constructed,  ii.  495; 
Modoc  prisoners  at,  634. 

Fort  Laramie,  immigrant  supplies,  i. 
451. 

Fort  Leavenworth,  military  post,  i. 
374. 

Fort  Lee,  named,  i.  703;  peace  com- 
sioners  at,  706;  garrisoned,  737. 

Fort  Nisqually,  appearance,  i.   11. 

Fort  O'Kanagan,  situation,  i.  13; 
Bianchet  at,  316-17;  abandoned,  ii. 
112. 

Fort  Stevens,  erection  of,  ii.  511. 

Fort  Umpqua,  1840,  i.  194;  aban 
doned,  ii.  111. 

Fort  Vancouver,  description,  i.  6-11; 
life  at,  7-11;  school,  11;  agric.  at, 
8-9,  13-14;  missionaries  at,  36,  18, 
184;  importance  of,  26;  established, 
29;  society  at,  26-28,  42;  physi 
cians  at,  34-35;  arrival  of  brigade, 
46;  chief  trader's  caravan,  49;  Sun 
day  at,  123;  Farnham  at,  230;  mills, 
234;  Ind.  outrages,  268;  mass  cele 
brated,  317;  fortified,  446-7;  threat 
ened  capture,  681-2;  military  post, 
ii.  85,  90;  abondoned,  112;  land 
claims,  279. 

Fort  WTalla  Walla,  description,  i.  12- 
13;  missionary  at,  318;  Bishops  see, 
327;  army  at,  715;  abandoned,  ii. 
112. 

Fort  William,  built,  i.  15;  abandoned, 
98. 

Forts,  life  at,  i.  7-8;  in  Or.  1834,  12. 

Foster,  Philip,  mem.  P.  L.  L.  C.,  i. 
297;  grievances,  480. 

Foster,  Capt.  S.  A.,  act  A.  A.  G. 
Columbia  dep't,  ii.  531. 

Fowler,  Capt.,  on  Columbia,  i.   188. 

Fowler,  W.  W.,  favors  new  ter. 
scheme,  ii.  255;  Alcalde,  325. 

Fowler,  William,  encourages  emigra 
tion  1843,  i.  399. 

Fox,  C.  E.,  founds  town,  ii.  252. 

Framboise,  M.  la,  nurses  Kelley,  i. 
90;  trail  of,  147. 

Francis,  Simeon,  paymaster  of  army, 
biog.,  ii.  458. 

Franklin,  family  outraged,  i.  645. 

Franklin  Advertiser,  newspaper,  ii. 
438. 

Frazer,  Abner,  deposition  about  Cal., 
i.  552 

Freeman,  James,  contractor  for  sur 
veys,  ii.  269. 


INDEX. 


779 


Free  Press,  newspaper,  suspended,  ii. 

43-4. 
Fremont,  Lieut,  expecl.,  i.   379,  419- 

20. 
French     Prairie,    i.     71-3;     convent 

school  at,  325. 
French  Canadians,  as  settlers,  i.  15- 

16,    66,  73-4;  in  Willamette  Val., 

66,  70-3;  character,  235. 
French  settlers,  feeling  toward  gov't 

1842.  i.  298-9. 
Friends  of  Oregon,  action  in  regard  to 

Or.,  i.  254. 

Fritz,  trouble  caused  by,  ii.  579-80. 
Frost,  Rev.  J.  H.,  missionary,  i.  177; 

at  Clatsop  miss.,  185-8. 
Frost,  Mrs,  missionary,  i.  177;  at  Clat 
sop  miss.,  185-8. 
Fruit,  market  for,  ii.  257-8. 
Fry,  I.  B..  adj    in  Hathaway's  force, 

ii.  70;  of  0.  R.  R.  &  N.  Co.,  704. 
Fudge,  I.  M.,  killed  on  the  'Gazelle,' 

ii.  340. 
Fulkerson,  I.  M.,  of  H.  of  Rep.,  1852, 

ii.  296;  of  council,  1853-6,  323,  349, 

413;  college  trustee,  684. 
Fulkerson,  John  T.,  biog.  of,  ii.  714. 
Fuller,  David,  killed  on  the  '  Gazelle, ' 

ii.  340. 
Fulton,  James,  biog.  and  bibliog.,  i. 

634;  of  assembly,  ii.  671. 
Fur-traders  in  Oregon,  1834,  i.  6-17; 

life  at  forts,  7-8,  42;  hospitality,  9- 

10;  religion,   10-11,  62;  Ind.  wives 

of,  27-8;  brigade,  46;  cravan,  47 


G 


Gaets,  Father,  arrives,   1847,  i.  326. 

Gage,  Joseph,  associate  justice,  i.  450. 

Gagnier,  at  Fort  Umpqua,   i.  193-5. 

Gagnier,  Mrs,  with  missionaries,  i. 
195-6. 

Gaines,  John  P.,  app't'd  gov'r,  it.  139; 
administration  and  otf'l  acts  of, 
1850-2,  139-73;  biog.,  169;  Ind. 
commis.,  off!  acts  of,  208,  228-32; 
charges  against,  301-2. 

Gallagher,  Lieut  I.  H.,  com'd  at  Fort 
Lopwai,  ii.  531. 

Galvin,  John,  in  Ind.  exped.,  ii.  240. 

Gamble,  James,  established  Port  Or- 
ford,  ii.  193. 

Gantt,  E.  E.,  capture  of,  ii.  548. 

Gantt,  Capt.  John,  conducts  emi 
grants,  i.  395,  400. 

*  Ganymede, '  ship,  i.  38,  84. 

Gardapie,  Baptiste,  rescues  immi 
grants,  i.  564. 


Gardiner,    Charles,    injured    on    the 

4  Gazelle, '  ii.  340. 
Gardipie,   J.   B.,   exploring   party,  i. 

532. 

Garrison,  A.  E.,  biog.,  i.  572. 
Garrison,  E.,  Methodist  preacher,  i. 

397;  ii.  677. 
Garrison,    J.  M.,    legislator,   1845,  i. 

472;  explor.  party,  1846,  532;  capt. 

of  co.,   703;  of  council,   1851-2,  ii. 

161,  296;  Ind.  agent,  312. 
Garrison,  Margaret,  biog. ,  i.  422. 
Garrison,  Margaret  Herron,  biog.,  i. 

415. 
Garry,   Spokane   chief,    character,   i. 

339-40. 
Gary,  Rev.  Geo.,  voy.   to  Or.,  i.  39; 

supersedes    Lee,     218,    221;    miss. 

work,  223-4;  assists  Thornton,  621; 

supt  of  miss.,  ii.  677. 
Goskell,  A.  P.,  of  Coos  Bay  Co.,  ii. 

332. 

Gassett,  C.  C.,  murder  of,  ii.  521. 
Gaston,  Joseph,  acts  in  Og.  Cent.  R.R. 

affairs,  ii.  696-703;  biog.,  703-4. 
Gay,  Geo.,  escapes  f rom  Inds,  i.  96-7; 

with  cattle  co.,  142,  147;  kills  Inds, 

148;  mem.  of  col  govt,  301;  left  for 

Cal.,  ii.  47. 

Gay,  Rich.,  drowned,  ii.  396. 
'Gazelle,'  steamer,  explosion  on,  ii. 

340. 
Gazzoli,    Father,    arrives  in  1847,  i. 

326. 
Geary,  Edw.,  trustee  of  Or.  academy, 

ii.  167;  supt  Ind.  affairs,  461;  Presb. 

minister,  681;  school  trustee,  682; 

of  Or.  Cent.  R.  R.  Co.,  698. 
Geer,  Frederick  W.,  biog.,  i.  572* 
Geer,    G.,    Or.   pioneer,  illicit  liquor 

traffic,  i.  273. 
Geer,   Joseph    Carey,    biog.,   i.    637; 

maj.  of  militia,  ii.  325. 
Geer,  Ralph  C.,  biog.,  i.  637;  of  state 

house   board,    ii.    146;  nursery   of, 

257;  of  H.  of  Rep.,    1854  o,   349, 

R.  R.  commis'r,  696. 
Geiger,  abandons  Dalles,  accompanies 

White,  1842,  i.  268;  tour,   342. 
Geisell,  John,  killed  by  Inds,  ii.  395. 
'General  Lane,'  ship,  ii.  48,  49. 
'General  Warren,'  steamer,  wrecked, 

ii.  203-4,  341. 
George,  M.  C.,  elected  to  congress,  ii. 

675. 

Gervais,  Jos. ,  activity  in  govt  forma 
tion,  i.  300-1;  meets  R.  C.  priests, 

317;  explor.  party,  532. 
Gervais,  Zavier,  exploring  party,  i. 

532. 


780 


im>Ex. 


Gibbs,  A.  C.,  revised  Or.  laws,  ii.  150; 
att'y,  158;  biog.,  181-2;  of  H.  of 
Rep.,  1852,  1800,  296,  452;  collec 
tor,  309;  commis.  to  settle  claims. 
321;  governor,  oflfl  acts,  509,  637, 
638,  644;  aspirant  for  U.  S.  senate, 
667;  death  of,  763. 

Gibbs,  Geo.,  deputy  collector  at  As 
toria,  ii.  81,  104;  biog.,  104. 

Gibbs,  John,  in  Ind.  exped.,  killed,  ii. 
313. 

Gilbert,  Isaac  N.,  biog.,  i.  469. 

G  ller'i,  Col  A.  C.,  assumes  com'd,  ii. 
595;  acts  in  Modoc  war,  606-23. 

Gillespie,  John,  killed,  ii.  383. 

Gilliam  co'ty,  hist,  of,  ii.  711. 

Gilliam.  Cornelius,  gen.  of  immigrants, 
i.  449;  biog.,  449,  725;  buffalo  hunt 
ing,  450;  bombast,  457,  681-2;  ex- 
plor.  party,  531,  567;  supt  of  postal, 
614;  col  com'd't,  676;  speech  to 
army,  70S;  death,  725. 

Gilliland,  Isaac,  biog.,  i.  647. 

Gilmore,  Matthew,  member  prov. 
govt,  1844,  i.  427,  431. 

Cilmore,  S.  M.,  supports  Gov.  Lane, 
ii.  93;  of  H.  of  Rep.,  1850,  1860, 
143,  452;  biog.,  143;  delegate  to 
convention,  418. 

Gilpin,  Major,  life  in  Or.,  i.  223;  with 
Fremont,  420. 

Glasgow,  Thos  W.,  at  indignation 
meeting,  ii.  162. 

Gleason,  Sam'l,  in  Snake  river  mas 
sacre,  ii.  472. 

Glover,  William,  biog.,  i.  636. 

Godwin,  Charles,  wounded,  ii.  383. 

Goff,  David,  biog.,  i.  544;  explor. 
party,  544;  leaves  for  Ft  Hall,  551- 
2;  guides  immigrants,  558. 

Goffe,  T.  A.,  mention  of,  ii.  765. 

Gold  disc,  in  Cal.,  ii.  42,  43;  disc,  of, 
1850-2,174-204,  searches  for,  478-80. 

Gold  epoch,  decadence  of,  ii.  337-8. 

'  Gold-hunter, '  steamer,  ii.  705. 

Goldsborough,  L.  M.,  in  survey  ex 
ped.,  ii.  248. 

Goldsby,  John,  wounded,  ii.  383. 

Good,  D.  H.,  biog.,  i.  270. 

Goodhue,  Samuel,  exploring  party, 
1846,  i.  544;  biog.,  544. 

Goodrich,  C.  L.,  purchases  Or.  Specta 
tor,  1854,  discontinued,  i.  575. 

Goodwyn,  Thos  Jefferson,  biog.  of,  ii. 

Goodyear,  M.,  with  missionaries,   i. 

Gordon,  John,  writes  McLoughlin,  i. 
497. 


Gordon,    Harvey,    nominated     state 

printer,  biog.,  ii.  637. 
Government,  provisional,  1843,  i.  '280- 

1;    organization,    292-314;    election 

of   officers,    293;  expenses   of,  443; 

seat  proposals,  536. 
Governor,  salary,  i.  432;  power,  476- 

Gracie,  Lieut  Arch.,  at  Ind.  council, 
ii.  362. 

Graham,  David,  attacked  by  Inds,  ii. 
523. 

Grammar,  Nez  Perce,  i.  335. 

Grande  Ronde,  emigrants  arrive,  i. 
401 ;  military  reservation,  ii.  397. 

Grant  co'ty,  hist,  of,  ii.  711. 

Grant,   Ja.s,  at  Fort  Hall,  i.  42,  261. 

Grasshoppers,  destruction  by,  ii.  342. 

Grave  creek,  light  at,  ii.  381-3. 

Graves,  S.  C.,  favors  newter.  scheme, 
ii.  255. 

Gray,  James,  del.  to  convention,  1857, 
ii.  418. 

Gray,  Thomas,  death  of,  ii.  370. 

Gray,  W.  H.,  names  Columbia  river, 
i.  24;  missionary,  126;  journey  to 
Ft  Vancouver,  126-35;  returns  east, 
136;  attacked  by  Inds,  136;  on  the 
Dalles  miss.,  163-4;  builds  Or.  in 
stitute,  203;  oppose;*  White,  264; 
hist.  Or.,  301-2;  sec.  of  Champoeg, 
convention,  303;  leg.  com.,  1842, 
304;  deserts  Whitman,  340,  343; 
legislator,  1745,  472,  481,  488;  re 
turns  to  Astoria,  584;  residence, 
588;  left  for  Cal.,  1848,  ii.  47. 

Great  Britain,  blows  at  interests,  1843, 
i.  313;  occupation  Col  R.,  363;  jur 
isdiction,  366,  claim  disputed,  383- 
4;  treatment  of  U.  S.,  597. 

Green,  Col,  actions  in  Modoc  war,  ii. 
573-629. 

Green,  J.,  ship-building,  247. 

Greenback  question,  ii.  640-3. 

Greenhow,  on  term  Oregon,  i.  24. 

Greenwo  d,  Wm,  biog.,  i.  753;  sen 
ator,  1862-5,  ii.  638,  665. 

Greer,  I.  B.,  nominated  state  treas 
urer,  ii.  638. 

Gregory  &  Co.,  express  co.  of.  ii.  339. 

Gregory,  XVI.,  Pope,  Or.  created  to 
an  apostolic  vicariate,  Dec.  1843, 
i.  326. 

Grey,  Capt.  Thomas,  comd  at  S. 
Juan  Island,  ii.  432. 

Griffin,  Buford  B.,  biog.,  i.  752. 

Griffin,  Rev.  J.  S.,  missionary,  i. 
238-9,  244;  ineligible  for  gov'r, 
305;  ed  first  paper,  335. 

Griffith,  Elisha,  biog.,  i.  529. 


INDEX. 


781 


Griffith,  Elizabeth,  biog.,  i.  529. 

Grim,  I.  W.,  biog.,  i.  036;  of  H.  of 
rep.  ii.  72;  senator,  1858-65,  432, 
452,  638,  665;  vice-presdt  Pion. 
Soc.,  693. 

Grist  mills,  location-owners,  ii.  25. 

Grover,  L.  F.,  biog.,  ii.  149;  pros- 
attorney,  298;  university  trustee, 
299;  ter.  auditor,  306;  in  Ind.  ex- 
pedt.,  313;  of  H.  of  rep.,  1853-7, 
323,  413,  417;  of  constitutional 
convention,  423;  elected  to  congress, 
1858,  431;  takes  seat,  441;  charac 
ter,  444;  elected  Gov.,  670;  U.  S. 
senator,  673. 

Grubb,  Sam'l,  in  Indian  expedt.,  ii. 
313;  claim  of,  321. 


Hacher,  Isaac,  settler  at  Coos  bay, 
ii.  334;  of  H.  of  rep.,  1864-5,  665. 

Hackleman,  commands  immigrant  co., 
1845,  i.  509. 

Hagardine,  R.  B.,  in  Ind.  exped.,  ii. 
313. 

Haines,  I.  D.,  biog.,  ii.  81. 

Half-breeds,  causes  dissatisfaction,  i. 
651-3. 

Hall,  E.  C.,  killed,  ii.  464. 

Hall,  Lawrence,  biog.,  i.  528;  mem. 
of  leg.,  604;  on  com't.  to  frame 
memorial,  606;  reaches  Walla 
Walla,  661;  of  council,  1850-2;  ii. 
142,  158,  296. 

Hall,  Reason  B.,  biog.,  i.  569. 

Halleck,  Gen.,  visits  Or.,  ii.  525,  526. 

'  Hamilton, '  ship,  i.  154. 

Hamilton,   Edw.,   torr.  sec'y,  ii-  139. 

Hamilton,  W.,  killing  of,  ii.  155. 

Hamlin,  Nathaniel,  biog.,  i.  752. 

Hammond,  Brev.-capt.  D.  P.,  in  sur 
vey  expedt.,  ii.  190. 

Hanchett,  W.  H.,  of  road  co.,  ii. 
652. 

Hancock,  Samuel,  biog.  &  bibliog., 
i.  509;  left  for  Cal.  ii.  47. 

Hanna,  I.  A.,  Presb.  minister,  ii. 
681. 

Hannah,  Adolph  B.,  of  H.  of  rep., 
1858-9,  ii.  432-4;  U.  S.  marshal, 
443;  in  confed.  service,  456. 

Hannon,  George,  biog.,  i.  529 

Harboss,  appropriations  for,  ii.  300. 

Hardin,  John  R.,  of  H.  of  rep.,  1852, 
ii.  296;  killed  by  Inds.,  313;  claim 
of,  321;  alcalde,  325. 

Harding,  Benj.  F  ,  of  H.  of  rep., 
1850-2,  1858,  1860,  ii.  142,  296,  432, 
452;  biog.,  143;  defends  W.  Ken 


dall,  156;  chief  clerk  of  house,  163; 

university  trustee,  299;  U.  S.  att'y, 

309;  U.  S.  senator,  639. 
Harney,  Gen.,  mil.  administration  of, 

ii.  461-8. 

Harper,  Andrus,  biog.,  i.  572. 
'  Harpooiier, '  ship,  ii.  48,  70,  103. 
Harris,  Mrs,  fight  with  Inds.,  ii.  373. 
Harris,   Geo.   W.,  killed  by  Inds,  ii. 

373. 
Harris,    Isaac,    warns    Fairchild,    ii. 

579. 
Harris,   Moses,   assists  emigrants,   i. 

315,   450,    564;    with  White,    484; 

explor.  party,  1846,  532,  544;  biog., 

545;  leaves  Ft  Hall,  551-2. 
Harrison,    A.  M.,  in   survey   expedt, 

ii.  249. 

Harrison,  Hugh,  biog.,  i.  635. 
Hart,  Thomas,  biog.,  i.  530. 
Hartness,  McDonald,  killed,  ii.  403. 
Hasbrouck,  in  Modoc  war,  ii.  624-8. 
'  Hassaloe, '  steamer,  ii.  480. 
Hastings,  L.  W.,  leader  of  party,  i. 

258-67;    disagreements  with,    258; 

escapes   Ind.,    260;    goes   to    Cal., 

266-7;  character  and  bibliog.,  267; 

persuades  immigrants  to  Cal.,  552. 
Hatch,  Peter   H.,    pion.    '43,  i.    422; 

signs  memorial,  ii.    127;  candidate 

for  legislature,  437. 
Hathaway,   Brev.-Maj.,   in  comd.   of 

artillery,  ii.  69. 
Hathaway,      Felix,      at    Willamette 

Falli,    i.    204;    ship-building,    247; 

prov.  gov't  meets  at  house  of,  428. 
Haun,  Mr,  biog.,  i.  637. 
Hauxhurst,  Webley,   cattle   expedt., 

i.    142;   assaulted,    444;   university 

trustee,  ii.  299. 

Hawaiian  Islands,  trade,  i.  371. 
Hawkins,    Lt,    military   force   of,   ii. 

68,  69. 

Hawkins,  Henry,  biog.,  i.  527. 
Hawks,  Thomas,  drowned,  ii.  341. 
Hays,  Mrs  Rebecca,  at  Waulatpu,  i. 

647;  murdered,  660. 
Hazard,  W.,  early  settler,  ii.  252. 
Headrich,  Samuel,  biog.,  i.  632. 
Hearn,  F.  G.,  visit  of,  ii.  175. 
Heber,  Fred,  in  Ind.  expedt.,  ii.  313. 
Hedden,  Cyrus,  in  explor.  expedt.,  ii. 

197. 
Hedding,  Bishop,  missionary  meeting, 

i.  59. 
Hedding,  Elijah,  son  of  Peupeumox- 

mox,  i.  279;  murder  of,  286-7. 
Hedges,  A.  F.,  of    legislature,  1849, 

ii.  59;  of  H    of  rep.,  1858-9,   432, 

434;  director  O.  C.  R.  R.,  699. 


782 


INDEX. 


Heinrich,  Peter,  death  of,  ii.  370. 

Helm,  L.  S.,  col  of  militia,  ii.  325. 

Helm,  Wm,   Meth.  preacher,  ii.  677. 

Hembree,  A.  J.,  mem.  of  leg.,  i.  604; 
ii.  58,  59;  of  H.  of  rep.,  1850-5>  ii. 
72,  158,  349;  supports  Gov.  Lane, 
93;  trustee  of  Or.  Academy,  167. 

Hendershott,  James,  of  H.  of  rep., 
1866,  ii.  666;  senator,  1868-70,  668, 
671. 

Hendershott,  S.,  of  court  convention, 
ii.  423. 

Henderson,  I.  H.  D.,  candidate  for 
legis.,  ii.  337;  elected  to  congress, 
666;  director  0.  G.  R.  R.,  699. 

Henderson,  Rob't,  biog.,  ii.  144. 

Hendrick,  Sam'l,  killed  by  Inds,  ii. 
395. 

Hendricks,  T.  M.,  biog.,  i.  753. 

Hennessey,  Wm,  death  of,  ii.  370. 

'Henry, 'brig,  i.  414,  679-80;  ii.  24, 
43,  48. 

Henry,  A.  G.,  Ind.  agent,  ii.  207;  of 
H.  of  rep.,  1854-5,  349. 

Hensaker,  T.  H.,  mill-owner,  ii.  50. 

Hereford,  Capt. ,  of  the  'Gazelle, '  ii.  340. 

Herman,  congressman,  ii.  762. 

Herron,  Daniel,  discoverers  gold,  i. 
512. 

Kibbler,  joins  Gal.  exped.,  i.  679. 

Hickley,  Mrs,  at  Willamette  mission, 
i.  157-8. 

Hicklin,  H.  H.,  of  anti-slavery  party, 
ii.  359;  del.  to  convention,  418. 

Hicklin,  John  L.,  biog.,  i.  753. 

Hicklin,  W.  C.,  of  anti-slavery  party, 
ii.  359. 

Higgins,  H.,  judge,  i.  496. 

Highlands,  settlement,  i.  463. 

Hill,  Capt.  B.  H.,  at  Astoria,  ii.  69. 

Hill,  David,  leg.  com.  1842,  i.  304, 
312;  mem.  prov.  govt,  1844,  427, 
431;  legislator,  473,  481;  post 
master,  614;  of  H.  of  rep.,  1848-9, 
ii.  58,  59,  72. 

Hill,  Isaac,  attack  on  Inds,  ii.  313. 

Hill,  Ryland  D.,  murder  of,  ii.  156. 

Hinckley,  Capt,  on  Columbia  river,  i. 
154;  at  Willamette  miss.,  157-8; 
marriage,  158. 

Hind,  E.,  in  immigrant  party,  ii.  463. 

Hiiiderwell,  R.  0.,  Capt.,  arrest  of, 
ii.  104-7. 

Hines,  Rev.  G.,  missionary,  i.  177; 
among  the  Umpquas,  193-6;  on 
school  com.,  201;  trustee  Or.  insti 
tute,  202;  life  of,  225;  opposes 
White,  264;  oration  at  opening  of 
leg.,  306;  Meth.  minister,  ii.  677. 


Hines,  H.  K.,  Meth.  minister,  ii. 
677. 

Hines,  Mrs  H.  K.,  missionary,  i.  177; 
teacher,  ii.  678. 

Hinman,  Alanson,  in  charge  of 
Dalles,  i.  644,  667;  biog.  667;  of 
H.  of  rep.,  1866,  666;  collector,  669. 

Hinsnaw,  Isaac,  biog.,  i.  529. 

Hinton,  Capt.,  at  Fort  Boise,  ii.  519. 

Hirsch,  Edward,  state  treas.,  ii.  760. 

Hitchcock,  Gen.,  in  Oregon,  ii.  233. 

Hobart,  Lieut  Charles,  movements  of, 
ii.  514. 

Hobson,  Richard,  biog.,  i.  421. 

Hodges,  Capt.  H.  C.,  A.  G.  M.  Col- 
umbia  dep't,  ii.  531. 

Hodges,  Jesse  Monroe,  biog.,  i.  628-9. 

Hodgkins,  Wm,  in  Ind.  exped,, 
wounded,  ii.  313. 

Hoecken,  Adrian,  R.  C.  priest,  i. 
325;  with  hunting  party,  396;  dis 
covers  pass,  398. 

Hoffman,  Mr,  at  Waiilatpu,  i.  648. 

Holbrook,  Amory,  att'y  in  Ind.  trial, 
ii.  96;  signs  memorial,  127;  of  H. 
of  rep.,  1860,  452;  nominated  U.  S. 
senator,  639. 

Kolcomb,  Gay  C.,  killed  by  Inds,  ii. 
395. 

Holden,  Horace,  biog.  and  bibliog.,  i. 
467. 

Holden,  Mrs  Horace,  presents  flag  to 
Or.  rangers,  i.  583. 

Holderness,  8.  M.,  mem.  P.  L.  L.  C., 
i.  297;  fights  duel,  492;  sec.  of 
State  1849,  ii.  59. 

Holgate,  John  C.,  biog.,  i.  630. 

Holladay,  Ben,  acts  in  Or.  R.  R.  af 
fairs,  ii.  700-4;  mention  of,  746. 

Holland,  David,  settler  at  Coos  bay, 
ii.  334. 

Holland,  Francis  S.,  biog.,  i.  530. 

Holland,  1.  P.,  in  explor.  exped.,  ii. 
197. 

Holman,  Dillard,  in  Ind.  exped.,  ii. 
224. 

Holman,  John,  biog.,  i.  421. 

Holman,  Jos.,  with  Farnhams' exped., 
i.  227,  237;  of  legislature,  308;  uni 
versity  trustee,  ii.  299;  R.  R.  coin- 
mis 'r,  696. 

Holmes,  Leander,  del  to  convention, 
ii.  418,  446;  nominated  state  sec., 
431. 

Holmes,  William,  death,  i.  421. 

Holmes,  Wm,  sheriff,  i.  496;  presents 
liberty-pole,  583;  serg't  at  arms  of 
H.,  ii.  59,  72,  143;  signs  memorial, 
127;  R.  R.  commis'r,  696 


INDEX 


783 


Holt,    Thomas,    explor.    party,    532; 

assists  immigrants,  564. 
Holton,  D.  S.,  of  H.  of  rep.,  1858-9, 

ii.    432,    434;    surgeon    gen.,    438; 

senator,  1860-3,  452,  638. 
Holy  Heart  of  Mary,  mission  founded, 

i.  327. 

Home,  Capt.,  drowning  of,  i.  53. 
Home,     Capt.     D.,     arrives    Or.     on 

Beaver,  i.  123. 
'  Honolulu, '  ship,  ii.  42. 
Hooker,  Jim,  in  Modocwar,  ii.  575-6, 

587,  592,  599,  606,  909-12;  surren 
ders,  627;  confession,  632. 
'  Hooker,  Col  Joseph,  completed  road, 

biog.,  ii.  306;  in  union  army,  456. 
Hooker,  S.  C.,  murder  of,  ii.  156. 
Horn,  A.,  death,  i.  261. 
Horse  Creek,  military  post,  i.  376. 
Hospital,  at  F.  Vancouver,  i.  8;  Wil 
lamette     miss,      162;      Chemeketa 

plains,  193,  197. 
Hot  Creek  Inds,  attempt  removal  of, 

ii.  578-80. 
Houck,    I.    L.,    in   immigrant    party 

1859,  ii.  463. 
Hoult,    E.,    of   court   convention,    ii. 

423. 

Houston,  Robert,  biog.,  i.  635. 
Hovey,  A.  G.,  del  to  rep.  convention, 

ii.  446;  senator,   1862-5,   638,   665. 
Howard,  Cynthia,  biog.,  i.  572. 
Howard,  John,  biog.,  i.  572. 
Howard,  Zenas,  warns  Fairchild,  ii. 

579. 
Howe,   Lieut  Albion,   in  Modoc  war, 

killed,  ii.  616-22;  biog.,  624. 
Howe,  E.  W.,  killed  by  Inds,  ii.  395. 
Howe,  Sam'l  D.,  com.  of  Island  Co., 

ii.  299. 

Howell,  John,  biog.,  i.  421. 
Howell,  Jonathan,  biog.  of,  ii.  714. 
Howell,    Morris,    in   Ind.   exped.,  ii. 

313. 
Howison,  Neil  M.,  commands  Shark, 

i.  584;  examines  country,  586-8. 
Howison's  Rep't,  comments,  i.  585. 
Hoyt,  family  outraged   i.  645. 
Hoyt,  Francis  S.,  trustee  of  univer 
sity,  ii.  299;  librarian,  615;  Meth. 

preacher,  677. 

Hubbard,  kills  Thomburg,  i.  95. 
Hubbard,  Charles,  biog.,  i.  635. 
Hubbard,  M.,  established  Port  Orford, 

ii.   193. 
Hubbard,  Thos.  J.,  leader  cattle  co., 

i.   179;   mem.    for   col.    gov't,    301; 

leg.  com.,  1842,  304. 
Huber,  N.,  clerk  of  council,  ii.  434. 


Hudson  Bay  Co.,  Ind.  wives  among, 
i.  9-10,  26-28;  servants  of,  15,  70; 
treatment  of  Inds,  36;  character  of 
officers,  42;  law  in  Or.  under,  48- 
50,  235;  monopoly  in  cattle,  140; 
lease  of  Russ.  ter.,  232,  234;  charges 
against,  245;  post  at  S.  F.,  250-1; 
attempt  to  settle  Or.,  252;  attitude 
to  immigrants,  261;  Whites  tran 
saction  with,  276;  treatment  of  im 
migrants,  409-10;  delicate  position, 
447;  unite  with  Americans,  493-6; 
dissuading  Inds.,  540;  celebrate 
Christmas,  578;  Whitman's  massa 
cre,  666-8;  force  sent  to  Walla 
Walla,  673^;  embarrassimg  posi 
tion,  681-2;  accused  of  conspiring 
with  Inds,  697-9;  decadence  of 
business,  ii.  103;  sales  of,  189-10; 
forts  abandoned,  iii;  claims  of,  276- 
81. 

Hudson,  Miss,  murder  of,  ii.  377. 

Hudspeath,  J.  M.,  witness,  land  dis 
pute,  i.  206. 

Hull,  Joseph,  promotor  of  masonry, 
ii.  30. 

Humboldt,  on  term  Oregon,  i.  23-4. 

Humboldt  river,  discovered,  i.  32. 

Humphries,  Capt.,  on  Columbia,  i. 
215. 

Humpy  Jerry,  of  Capt.  Jack's  band, 
ii.  577. 

Hunsaker,  Joseph,  biog.,  i.  633. 

Hunt,  Capt.  I.  C.,  at  Camp  Lyon,  ii. 
519,  532. 

Hunt,  Joseph,  killed  on  the  'Gazelle,' 
ii.  340. 

Himtington,  I.  W.  P.,  representative 
1860,  ii.  452;  sup't  Ind.  affairs,  670. 

'Huntress,'  ship,  ii.  48. 

Hurford,  Susanna,  biog.,  i.  628, 


Idles,  John,  killed  by  Inds,  ii.  395. 

Illutin,  Nez  Perce,  chief,  speech  at 
council,  May  1843,  i.  279. 

Immigants,  attempt  to  prohibit  negro, 
i.  287;  refuse  good  drafts,  288;  Whit 
man's  views,  341-2;  sufferings,  446 
-67;  508-41,  552-67;  623-38;  ii.  174 
-5;  health  and  condition,  i.  751;  ef 
fects  on,  of  gold  discovery,  ii.  63-5; 
protection  of,  303-4;  increase  of,  in 
1859,  ii.  465;  in  1862-3,  493-5. 

Immigration  society,  hist,  of,  ii.  694-5. 

Immigration  toCal.,  efforts  of  Or.  peo 
ple  to  prevent,  i.  552. 

Imports,  value,  185-23,  ii.  258. 


784 


INDEX. 


Independent  gov't,  steps  towards,  i. 
441-3. 

Indiana,  petition  from,  i.  374-5. 

Indian  Agent,  White's  endeavor  to  ob 
tain  appointment,  salary,  i.  254-5. 

Indiana,  attitude  to  H  B  Co.,  i.  36; 
murders  by,  i.  41,  95-7,  136,  148-9, 
179,  ii.  92-5;  demand  missionaries, 
i.  54-5;  at  missions,  81-3,  86-9; 
diseases  among,  81-3,  196-201;  dis 
turbance}  by,  95,  162,  285-6,  412, 
703-6,  ii.  66-70,  205-32;  330-1,  342 
-4,  369-96;  cause  of  dissatisfaction, 
650;  accusation  against  Whitman, 
652-3;  threatened  alliance,  684,  728 
-9;  execution  of,  ii.  80,  93-100,  636; 
treaties  with,  359-68;  grand  coun 
cil,  362-7;  wars  with,  1855-6,  369- 
96;  extermination  of,  397-412;  con 
duct  on  reservation,  489;  Shoshone 
war,  1866-68,  512-54;  enlisted  to 
fight  Inds,  530-1;  Modoc  war,  1864 
-73,556-636;  school,  hist,  of,  690. 

Indian  school,  hist,  of,  ii.  690. 

Indian  wives,  among  H  B  Co.,  i.  9-10, 
26-28,  47;  character,  27. 

Ingalls,  David  C.,  biog.,  i.  529. 

Inyard,  John,  biog.,  i.  448;  left  for 
Cal.,  ii.  47. 

Iowa,  liquor  law  applied  in  Oregon, 
1844.  i.  281. 

'Iris,'  steamer,  ii.  481. 

Iriquois,  as'  missionaries,  i.   116. 

Iron  manufactures,  hist,  of,  ii.   733-5. 

Irwin,  D.,  claim  of,  ii.  321;  of  anti- 
slavery  party,  359. 

'Isabella',  ship,  wrecked,  i.  41. 

Isaiachalahis,  murder  by,  ii.  94;  trial 
and  execution,  96-100. 

Ishalhal,  brutality  towards  Mrs  Whit 
man,  i.  660. 

Island  Milling  Co.,  formed,  i.  206-7; 
work,  i.  211. 

Ison,  S.,  of  Senate,  1866-8;  ii.  666-8. 

Ivcs,  Wm,  contractor  for  surveys,  ii. 
269. 

Iwality,  district  boundary,  i.  310. 


'Jackson,'  ship,  wrecked,  ii.  300. 

Jackson  co'ty,  organized,  ii.  166;  cre 
ated,  553;  hist,  of,  712. 

Jackson  creek,  gold  discovered,  ii.  186. 

Jackson,  Capt.  James,  Com'd.  at  Fort 
Klamath,  ii.  563;  in  Modoc  war, 
574,  622,  628. 

Jackson,  Pres.,  interested  in  colony, 
i.  369. 

Jackson,  John  K.,  biog.,  i.  463. 


Jacksonville,  co'ty  seat,  ii.  299;   Ind. 

attack  of,  312. 

Jacob,  Nez  Perce  chief,  i.  665;  coun 
sels,  Mrs  Spaulding,  i.  665-6. 
Jacobs,    0.,   candidate  for  Legis,,  ii. 

337;  nominated  U.  S.  Senator,  639. 
Jaggar,  I.  E.,  perilous  adventure  of, 

ii.  484. 
James,  John  D.,  perilous  adventure  of, 

ii.  484. 
James,   Capt.   L.  L.,   Com'd  at  Fort 

Stevens,  ii.,  532. 

'James,  P.  Flint',  steamer,  ii.  480. 
Jamieson,  Archibald,  fate  of,  ii.   340. 
Jamieson,  Arthur,  fate  of,  ii.  340. 
'Janet',  ship,  ii.  48. 
Japan,  trade,  i.  371. 
Jayol,  J.  F.,  arrives  in  1867,  i.  326. 
Jeffers,  Joseph,  biog.,  i.  628, 
Jeffries,  John  T.,  biog.,  i.  529. 
Jenkins,  Willis,  biog.,  i.  468. 
Jennings,  Capt.  J.,  exped.  of,  ii.  522. 
Jennison,  Albert  B.,  claim  of,  ii.  321. 
Jessup,  Ihos,  S.,  on  cost  Mil.  occ.,  i. 

360. 
Jesuit  mission,  difficulty  with  priests, 

i.  742. 

Jewett,  John,  biog.,  i.  656. 
Jewitt,  T.  D.,  claim  of,  ii.  321. 
'John  Alleyne',  schr,  ii.  258. 
John  Chief,  actions  of,  attacks  troops, 

ii.  406-9;  surrender  of,  410. 
John  Day  mine,  discovery  of,  ii.  479; 

suffering  at,  484. 
Johnson,  Miss  Elvira,  arrives  Or.,  i. 

156;    work  at   mission,   i.    160;    at 

Lapwai,  648. 
Johnson  H.,  chaplain  of  house,  ii.,  72; 

school  trustee,  78;   signs  memorial, 

127;    of    an ti- slavery    party,    359; 

promulgates  rep.  doct'ns,  418. 
Johnson,  J.  W.,  Pres.  of  University, 

ii.  690. 
Johnson,  James,  biog.,  i.  627;  school 

trustee,  ii.  685. 
Johnson,    Neill,    Presb.    minister,   ii. 

682. 
Johnson,  Wm,  views  on  gov't,  i.  295; 

high  sheriff,  1843,  297. 
Johnson,   W.   Carey,    of  anti-slavery 

party,    ii.     359;    promulgates   rep. 

doct'ns,  418;  nominated  pros,  atty, 

637;  biog.,  637-8;  of  Senate,  1866, 

666. 

'Jo  Lane',  revenue  cutter,  ii.  488. 
Jones,    John,    explor.    party,  i.    544; 

meets  immigrants,  562. 
Jones,  J.  K. ,  killed  by  Inds  ii.  373. 
Jones,    J.  W.,    in   immigrant  party, 

1859,  ii.  463. 


INDEX. 


785 


Jordan  creek,  acts  of  Inds  on,  ii.  501. 

Jordan,  M.  M.,  killed,  ii.  501. 

Joseph,  Chief,  acts  at  council,  ii.  336 
-5. 

*  Josephine',  brig,  ii.  48;  wrecked,  191. 

Josephine  Co'ty,  established,  ii.  415; 
hist,  of,  753-4. 

Jourdan,  with  Farnham's  exped. ,  227. 

'Joven  Guipuzcoaria',  bark,  ii.  25. 

Judiciary,  ways  and  means,  1842,  i. 
304;  reorganization,  605. 

Judicial  dist's,  arranged,  ii.  73-4,  164, 
254;  division  of,  297;  re-distributed, 
308. 

Judson  L.  H.,  missionary,  i.  177; 
trustee  Or.  Institute,  202;  death, 
1880,  225;  magistrate,  304;  legisla 
ture,  307;  mill-race,  440. 

'Juliet',  schr,  wrecked,  ii.  203. 

Juliopolis,  Red  river,  i.  315. 

Jump  Off  Joe  creek,  fight  at,  ii.  387. 


K 


Kaiser,  P.  C.,  bibliog.,  i.  398. 

Kaiser,  T.  D.,  Sec.  and  Capt.  Or. 
rangers,  i.  283;  leader  immigrant 
party,  393;  biog.  and  bibliog.,  398; 
first  to  arrive  at  Dalles,  408;  mem. 
prov.  gov't,  428,  431. 

Kalispelms,  mission  founded  among, 
i.  327. 

Kamehameha,  iii.  treaty  with,  i.  178. 

Kamiah,  missionaries  at,  i.  137-8; 
mission,  331-2. 

Kamiakin,  Chief,  acts  at  council,  ii. 
364-5. 

Kane,  Paul,  work,  i.  599. 

Kasas,  execution  of,  ii.  80. 

'Kate  Heath',  brig,  ii.   180. 

Kautz,  Lt.,  at  Fort  Orford,  ii.  233;  in 
exped.,  313;  fight  with  Inds,  374. 

Kearney,  Bvt  Maj.  of  mounted  rifles, 
ii.  81;  exped.  against  Inds,  225-32. 

Keath,  F.,  killed  by  Inds,  ii.  315. 

Keeler,  G.  W.,  Representative,  1860, 
ii.  452. 

K^ane  creek;  named,  i.  546. 

Keene,  Granville,  killed  by  Inds,  371. 

Keene,  Wm,  murder  by,  trial,  ii.  ]  56. 

Keintpoos,  see  'Capt.  Jack.' 

Kelley,  Hall  J.,  arrives,  i.  17,  89;  on 
term  Oregon,  22-3;  advocates  miss, 
labors,  56;  prominence  in  settle 
ment,  67-70;  plan  of  city,  69;  pur 
pose,  89;  adventures,  89-90;  bad 
report  of,  91;  relation  to  H.  B.  Co., 
91-4,  99;  leaves  Or.,  94;  on  Or. 
question,  365;  emigration  scheme, 
367;  poverty  of,  369. 
OR.  II.  60 


Kellogg,  Orin,  biog.,  i.  752. 

Kellogg,  Orrin,  biog.,  i.  528. 

Kelly,  Rev.  Clinton,  biog.,  i.  752. 

Kelly,  with  Farnham's  Or.  exped., 
228. 

Kelly,  James  K.,  commissioner  to 
prepare  laws,  ii.  150;  in  explor. 
exped.,  176;  biog.,  182;  of  council, 
1853-7,  323,  349,  413,  417;  of  con- 
stitutional  convent.,  423;  U.  S. 
att'y,  443;  senator,  1860-3,  452, 
638. 

Kelly,  John,  at  Cal.  mines,  ii.  185; 
register  of  lands,  669. 

Kelly,  Wm,  capt.  of  Or.  vols,  ii.  491; 
at  Ft  Vancouver,  532;  in  Modoc 
war,  585-9. 

Kelsay,  Col,  in  fight  at  the  Meadows, 
ii.  402. 

Kelsay,  John,  of  const,  convention, 
ii.  423. 

Kendall,  Thos  Simpson,  biog.,  i.  530; 
of  anti-slavery  party,  ii.  359;  del. 
to  convention,  418;  school  trustee, 
682. 

Kendall,  Wm,  murder  by,  trial,  ii. 
155,  156. 

Kenny,  D.  M.,  favors  new  ter.  scheme, 
ii.  255. 

Kennedy,  Ezekial,  destitute,  i.  546; 
biog.,  571. 

Kennedy,   I.,  in  Ind.  exped.,  ii.  313. 

Keplin,   Capt.,  on  Or.  coast,  i.  94. 

Kesner,  Chas,  in  Snake  river  massa 
cre,  ii.  472. 

Kester,  I.,  murder  of,  ii.  523. 

Keyes,  Morgan,  biog.,  i.  528-9. 

Keyes,  Robert  C.,  deposition  about 
Cal.,  i.  552. 

Kiamasumpkin,  murder  by,  ii.  94; 
trial  and  execution,  96-100. 

Kilborne,  R.  L.,  with  Farnham's  ex 
ped.,  i.  227,  237;  ship-building,  247. 

Kilborne,  Wm,  on  Columbia,  i.  414; 
treasurer,  606;  ii.  63;  of  Or.  Ex 
change  Co.,  54;  signs  memorial,  127. 

Killin,  John,  biog.,  i.  531. 

Kimball,  Mr  and  Mrs,  at  Waiilatpu, 
i.  647. 

Kincaid,  R.  H.,  author  of  peace  coin- 
mis.,  ii.  595. 

King,  Alex.,  exped.  of,  ii.  305. 

King,  T.  Butler,  established  Port  Or 
ford,  ii.  193. 

King,  W.  M.,  of  H.  of  Rep.,  1850-1, 
1857-8,  ii.  142,  161,  429;  biog.,  143; 
notary,  298;  port  surveyor,  309. 

Kingsley,  Calvin  S. ,  trustee  of  univer 
sity,  ii.  299;  Meth.  preacher,  677. 

Kinney,  A.,  arrival  of,  ii.  139. 


786 


INDEX. 


Kinney,  Charles,  actions  in  'Albion' 

affair,  ii.  105,  100. 
Kinney,  R.  C.,  biog.,  i.  633;  of  H.  of 

Rep.,    ii.    72,    158;   trustee   of   Or. 

academy,  168;  of  const,  conv,  423. 
Kinsey,  T.  S.,  biog.,  i.  636. 
Kip,  Lieut  Lawrence,  at  Ind.  council, 

ii.  362;  works  of,  362,  363. 
Kirkpatrick,  I.  M.,  in  com'd  at  Port 

Orford,  ii.   193;  attacked  by  Inds, 

194;  of  assembly,  429. 
Kistler,  Lieut  A.  C.,  at  Camp  Watson, 

ii.  532. 

Klamath  co'ty,  hist,  of,  ii.  714. 
Klamaths,  the,  treaty  with,  ii.    506; 

advancement  of,  562;  in  Modoc  war, 

577-89. 
Kliketats,  missionaries  among,  i.  181; 

insolence  of,  ii.  67. 
Kline,  Jacob,  on  grand  jury,  ii.  354. 
Klokamas,   murder,   by,   ii.   94;    trial 

and  execution,  96-100. 
Knapp,   Capt.    0.  C.,  Ind.    agent,  ii. 

559;  relieved,  563. 
Knapp,  Rich.  B.,  biog.  of,  ii.  719. 
Knaust,   Charles,  killed  on  the  'Ga 
zelle,' ii.  340. 

Kiiighton,  H.  M.,  biog.,  i.  576. 
Knott,  A.  I.,  in  Caruther's  land  affair, 

ii.  288. 
Knox,   Samuel,  in  survey  exped.,  ii. 

248. 
Kone,    Mrs,    missionary,    i.    177;    at 

Clatsop  miss.,  187. 
Kone,  Rev.  W.  W.,  missionary,  i.  177; 

at  Clatsop  miss.,  185-7. 
Kyle,  Lieut  I.  G.f  in  Modoc  war,  ii. 

581-4. 

L 

Ladd,  W.  S.,  biog.  of,  ii.  764. 

La  Dow,  Geo.,  elected  to  congress, 

biog.,  ii.  675. 

Lafayette,  founders  of,  ii.  251. 
Laggett,  Jonathan,  biog.,  i.  528. 
Lake  co'ty,  hist,  of,  ii.  715. 
Lambert,  David,  del.  to  convention, 

1857,  ii.  418. 
Lambert,  G.  W.,  of  anti-slavery  party, 

ii.  359. 
Lamerick,  John  K.,  leader  of  exped. 

against  Ind.,  ii.  241;  elected,  brig.- 

gen.,   389;    campaign  of,  402-3;  in 

confed.  service,  456. 
Lancaster,  C. ,  returns  from  Camp  Co 
lumbia,  i.   258;  leaves  for  Cal.,  ii. 

47;    supreme     judge,    resigns,    63; 

mem.  of  council,  158. 
Land,  laws  relating  to,  i.  311,  477-8; 

ii.  260-95. 


Land  claims,  com.  1842,  i.  304;  dis 
putes  regarding,  459-60;  confirma 
tion  asked,  607. 

Land  grants,  petitions  for,  i.  367; 
acreage  to  male  adults,  374. 

Lane  co'ty,  established,  ii.  150;  mil 
itia  of,  386;  hist,  of,  715. 

Lane,  Joseph,  governor,  off'l  actions, 
1849-50,  ii.  66-100;  resigns,  98;  del. 
to  congress,  actions,  153-4,  206, 
299-310,  355-8,  419;  exped.  against 
Inds,  219-22,  315-20;  lieut-col  of 
militia,  325;  of  Coos  Bay  Co.,  332; 
decrease  of  popularity,  439;  aspires 
to  presidency,  447;  disloyalty  of, 
455-6;  death,  456. 

Lane,  L.  F.,  of  assembly,  1864-5,  ii. 
665;  elected  to  congress,  670. 

Lane,  Nathaniel,  biog.,  ii.  98;  claim 
of,  321;  enrolling  officer,  390. 

Lane,  Richard,  justice  of  peace,  i.  612; 
co'ty  judge,  biog.,  ii.  62. 

Lapwai,  miss,  built,  i.  136;  threatened 
attack  on,  268;  Inds  hostile  to,  330; 
description  of,  336-7;  abandoned, 
341;  assistance  for,  345. 

Laramie,  discussion  as  to  site  of  mili 
tary  post,  i.  376. 

La  Rocque,  George,  biog.,  i.  636-7. 

Lash  mutt,  Van  B.  de,  mention,  ii.  749. 

Laughlin,  Samuel,  biog.,  i.  635. 

'  Lausanne, '  ship,  i.  171,  177-8,  182, 
184,  197,  237,  254. 

Lava  beds,  Ind.  fight  at,  ii.  539-45; 
Modoc  war,  583-627. 

Laws  under  H.  B.  Co.,  i.  47-50,  235-6; 
requirements  of,  292,  310-11;  free 
dom,  307;  compilation  of,  ii.  149. 

Lawrence,  Hy.,  killed  by  Inds,  ii.  395. 

Lawson,  James  S.,  in  survey  exped., 
biog.,  ii.  249. 

Lawyer,  Nez  Perce  chief,  i.  133; 
shrewdness,  336;  actions  at  council, 
ii.  364-5. 

Leary,  Lieut  P.,  in  Modoc  war,  ii.  619. 

Le  Bas,  arrives  in  1847,  i.  326. 

Le  Breton,  Geo.  W.,  with  White,  1843, 
i.  275;  killed,  282-3;  clerk,  pub.  re 
corder,  294;  sec.  at  Champoeg  con 
vention,  303;  clerk  of  court,  304; 
nomination,  312. 

Leclaire,  Guillaume,  on  Umatilla,  i. 
327-8;  deacon,  654. 

Lee,  Barton,  mem.  P.  L.  L.  C.,  i.  297; 
justice  of  peace,  612;  left  for  Cal., 
ii.  47. 

Lee,  Daniel,  character,  i.  56-8;  mis 
sionary,  60-5,  73;  builds  miss.,  78- 
80;  visits  Hawaiian  isl.,  84;  at 
Willamette  miss.,  154,  159,  230;  at 


INDEX. 


787 


the  Dalles  miss.,  163-6,  190,  242; 
meets  Sutter,  165;  marries,  182-3; 
at  Clatsop  miss.,  185;  proselyting, 
320;  on  Whitman,  343. 

Lee,  E.  Trumrell,  Presb.  minister,  ii. 
681. 

Lee,  H.  A.  G.,  character,  i.  455;  legis 
lator,  1845,  472,  474,  481,  493;  edi 
tor,  575;  com'd  Or.  army,  730,  732; 
supt  Ind.  affairs,  730-2;  resigns,  ii. 
62. 

Lee,  Jason,  character,  i.  56-8,  61-3, 
214,  220-1;  miss,  trip  to  Or.,  59-65, 
73;  builds  miss.,  79-80;  miss,  work, 
81,  160;  relation  to  Kelley,  94; 
meets  U.  S.  agent,  102;  meets 
Parker,  113;  receives  Whitman's 
party,  135;  Willamette  cattle  co., 
140-3;  marries,  159;  as  a  colonizer, 
166-8,  184,  190-8,  201-18,  226;  me 
morial  to  congress,  168-9,  172-7; 
goes  east,  169-78,  183,  318-20;  death 
of  wife,  170;  again  marries,  177, 
183;  censured,  183;  supt  of  missions, 
190;  ii.  677;  among  the  Umpquas, 
i.  192-6;  quarrel  with  White,  196- 
7;  trustee  Or.  institute,  201-2;  dis 
pute  Willamette  falls,  203;  duplicity 
Or.  city  claim,  214-16;  opposes  Mc- 
Loughlin,  215-18;  superseded  as 
supt,  218;  death,  220;  at  Willamette 
miss.,  230;  meets  Wilkes,  246;  on 
Or.  question,  372. 

Lee,  Nicholas,  biog.,  i.  753;  school 
trustee,  ii.  678. 

Lee,  Wilson,  biog.,  i.  571-2. 

Leese,  J.  P.,  in  S.  F.  bay,  i.  144;  Or. 
pioneer,  266. 

Leggett,  Thomas,  co.  assessor,  i.  612. 

Legislature,  first  meeting,  i.  305;  ju 
diciary  laws  proposed,  306-10;  pro 
ceedings,  427-45,  680-1;  ii.  58-63, 
72-9,  141-72,  296-8,  322-9,  349-54, 
413-15,  417-18,  429-30,  436-8,  443- 
4,  452-^,  475,  637-76;  oath,  i.  473; 
power,  475-6;  act  for  raising  army, 
680-1;  criticism  on  acts,  ii.  54,  55; 
hrst  meeting;  amendts.,  1887,  762. 

Leisler,  James,  claim  of,  ii.  321. 

Lemon,  John,  biog.,  i.  527. 

Lennox,  David,  T..  biog.,  i.  421; 
school  trustee,  ii.  684. 

Leonard,  shooting  scrape;  ii.  37. 

Leonard  Sam'l,  murder  of,  ii.  523. 

Leslie,  Aurelia,  death,  i.  200. 

Leslie,  Rev.  D.,  at  Willamette,  miss., 
i.  161;  on  school  com.,  201;  trustee 
Or.  Institute,  202;  names  Salem. 
222;  justice  of  peace,  236;  chairman 
at  public  meeting,  293;  attempts 


revival,  320;  chaplain  of  council,  ii. 

72;  university  trustee,  299;  Meth. 

preacher,  677. 
Leslie,     Satira,    marriage,     death,    i. 

1 99-200. 

' L'Etoile  du Martin, 'brig,  i.  326;  ii.  48. 
Lewes,  J.  L.,  appearance,   character, 

Lewis,  C.  H.,  biog.  of,  ii.  764-5. 

Lewis,  co'ty,  named,  i.  493;  created, 
538;  E.  limits  defined,  ii.  166. 

Lewis,  H.  C.,  of  court  convention,  ii. 
423. 

Lewis,  James,  settler,  i.  458. 

Lewis,  Joe,  informs  Indians  of  con 
spiracy  to  poison,  i.  652-3. 

Lewis,  W.  B.,  in  fight  with  Inds,  ii. 
377-8;  capt.  of  vols,  379. 

Lewiston,  founding  of  ii.  482. 

Libraries,  hist,  of,  ii.  694. 

Light  Houses,  ii.  248. 

Limerick,  L..  del.  to  convention  1857, 
ii.  418. 

Lincoln,  Abraham,  offered  governor 
ship,  declined,  ii.  139. 

Lindsay,  J.  J.,  biog.,  i.  754. 

Lmenberger,  David,  biog.,  i.  753. 

Linn  city,  named,  i.  536;  co'ty  seat, 
ii.  151;  flood  at,  483;  hist,  of,  ii. 
715,  716. 

Linn  co'ty,  hist,   of,  ii.  715-16. 

Linn,  Lewis  F.,  presents  Or.  memor 
ial,  i.  176;  bills  of,  217-18,  372-81; 
on  Or.  question,  349;  occupation 
Or.  ter.,  370;  biog.,  381. 

Linnton,  named,  i.  415. 

Linnville,  Harrison,  leads  immigrants, 
i.  559;  legislator,  ii.  58;  school  fund 
commis'r,  299;  R.  R.  commis'r,  696. 

Lippincott,  wounded,  i.  561. 

Liquor,  laws  regarding,  i.  249.  281, 
437,  537-9;  efforts  to  suppress 
traffic,  ii.  37. 

Literature,  hist,  of,  ii.  691-2. 

Little,  Anthony,  favors  new  ter. 
scheme,  ii.  255. 

Little- Dalles,  shipwreck  at  Falls, 
1838,  i.  316. 

Little  John,  P.  B.,  missionary,  i.  239- 
40,  244;  with  White,  268-9;  drown 
ing  of  son,  272;  tour,  342;  'Llama,' 
ship,  i.  143,  144,  201. 

Lloyd,  John,  biog.,  i.  529. 

Lloyd,  W.  W.,  biog.,  i.  529. 

Loan,  negotiation,  i.  671;  correspon 
dence,  i.  672-5. 

Loan  Commissioners,  petition  people 
— amount  obtained,  difficulty  in 
obtaining  cash,  i.  675-6. 

Locke,  A.  N.,  biog.,  i.  635. 


788 


INDEX. 


Lockhart,  F.  G.,  of  Coos  Bay  co.,  ii. 
332;  of  const,  convent.,  423;  of  H.  of 
rep.,  666,  671. 

Locktrig,  L.,  killed  by  Inds,  ii.   315. 

Logan,  David,  att'y,  ii-  158;  of  H.  of 
rep.,  349;  of  const,  convent.,  423; 
nominated  for  congress,  446;  de 
feated,  669. 

Long,  J.  E.,  sec.  of  House,  i.  429, 
496;  biog.,  429;  director  Or.  Print 
ing  assoc.,  536. 

Long,  Sylvester,  drowned,  ii.  396. 

'  Loo-Choo, '  ship,  wrecked,  ii.  300. 

Looking  Glass  Chief,  act  at  council, 
ii.  364-5. 

Looney,  Miss,  presents  flag  to  Or. 
rangers,  i.  583. 

Looney,  Jesse,  leader  immigrants,  i. 
394;  death,  421;  legislator,  604-5. 

Lop-ears,  term  for  Oregon  settlers,  i. 
19. 

Lord,  Corp.  Wm  C.,  killed,  ii.  424. 

Loring,  W.  W.,  Brev.  Col,  com'd  of 
mounted  rifles,  ii.  81. 

'Loriot,'  brig.,  i.  100-1,  140,  142-3, 
154. 

Lost  river,  named,  i.  548. 

'  Lot  Whitcomb, '  steamer,  hist,  of,  ii. 
255. 

Loughborough,  John,  leaves  emigra 
tion  1843,  i.  397. 

Louisiana  Co.,  emigration,  i.  369. 

Louis  Philippe,  King  of  France, 
grants  money  to  Blanchet,  i.  326. 

Lovejoy,  A.  L.,  escapes  Sioux,  i.  260. 
overland  journey  1842,  343;  meets 
immigration,  398;  biog.,  415;  mem. 
prov.  gov't,  428;  candidate  for  gov., 
471-2;  loan  commisr,  671-6;  elected 
adj.  gen.,  680;  left  for  Cal.,  ii.  47; 
H.  of  rep.,  58,  71,  349,  417,  su 
preme  judge,  63;  speaker  of  House, 
72;  school  trustee,  78;  mem.  of 
council,  161,  296;  postal  agent,  309; 
of  const,  convent.,  423;  commis. 
gen.,  438;  pension  agent,  459;  di 
rector  Or.  Cent.  R.  R.,  699;  founded 
Portland,  717. 

Lovelady,  Presley,  in  Ind.  exped.,  ii. 
224. 

Lovelin,  Mr,  kills  Indian,  i.  561. 

Lowe,  Dan,  killed  on  the  'Gazelle,' 
ii.  340. 

Luce,  H.  H.,  settler  at  Coos  bay,  ii. 
334. 

Lucier,  E.,  guard  to  missionaries,  i. 
113;  on  gov't  com.,  297,  301;  meets 
R.  C.  priests,  317. 

Luckiamute,  the,  treaty  with,  ii.  211. 

Luders,  on  Columbia,  i.  420. 


Luders  bay,  named,  i.  420. 
Luelling,  Henderson,  biog.,  i.  637. 
Lugenbeel,    Maj.,   com'd  at  Colville, 

ii.  488. 
Lugur,  F.,  leaves  emigration  1843,  i. 

397. 

Lumber,  trade,  i.  353;  ii.  726-9,  758-9. 
Lupton,  I.  A.,  favors  new  ter.  scheme, 

ii.  255;  massacre  by,  372;  of  H.  of 

rep.,  1855-6,  414;  death,  414. 
Lutheran  church,  hist,  of,  687-8. 
Lyman,  in  explor.  exped.,  ii.   176. 
Lyons,  James,  in  fight  at  lava  beds, 

killed,  ii.  344. 


M 


Macey,  Wm,  exped.  of,  ii.  305. 

Mack,  settler,  bibliog.,  i.  423. 

Mackenzie,  map,  i.  22. 

Mackie,  Peter,  1st  mate  of  '  S.  Rob 
erts,'  ii.  176. 

Macleary,  Donald,  biog.  of,  ii.  719. 

Macomber,  Lt  Geo.,  A.  A.  insp.  gen. 
Columbia  dept,  ii.  531. 

Madigan,  Lt  John,  in  fight  at  lava 
beds,  killed,  ii.  552,  544. 

'  Madonna,'  ship,  i.  245;  ii.  48. 

Magruder,  E.  B.,  biog.,  i.  469. 

Magruder  Theophilus,  associate 
judge,  i.  450;  biog.,  469;  of  Or. 
Exchange  co.,  ii.  54;  sec.  of  terr., 
63. 

Maguire,  Jerry,  biog.,  ii.  396. 

Mahoney,  Jeremiah,  murder  of,  ii. 
156. 

Mails,  facilities  for,  ii.  29-30;  peti 
tions  for,  436. 

Mail  service,  efforts  for  in  congress, 
ii.  186-91;  ocean,  302;  appropria 
tions  for,  328. 

'Maine,'  whaler,  wrecked,  ii.  24. 

Major,  Dan  G.,  contract  of,  ii.  649. 

'  Maleck  Adhel,'  ship,  ii.  248. 

Malheur  Mts,  hardships  on,  1845,  i. 
512-14. 

Malheur  river,  gold  discovered,  i. 
512. 

Mallory,  Rufus,  of  H.  of  rep.,  1862- 
3,  ii.  636;  elected  to  congress,  biog., 
669. 

Mann,  S.  S.,  in  explor.  exped.,  ii. 
176;  wreck  master,  299;  settler  at 
Coos  Bay,  334. 

Manson,  Donald,  at  Ft  George,  i.  29; 
life  as  a  fur  trader,  40-1. 

Manufactures,  hist  of,  ii.  726-38. 

Marion  co'ty,  raises  co.,  i.  702;  hist, 
of,  ii.  716-17. 

Marine  Gazette,  newspaper,  i.  575. 


INDEX. 


789 


Maps:  forts  in  Or.,  1834,  i.  12;  Car 
ver's,  20;  Cooke's,  23;  Mackenzie's 
22;  Payne's,  24;  Parker's  travels, 
120;  Clatsop  country,  186;  Umpqua 
river,  194;  Rogue  river  and  Umpqua 
val.,  ii.  380;  Idaho  camps  and 
forts,  513;  E.  Or.  camps  and  forts, 
516;  Modoc  country,  560. 

Matherman,  A.,  in  Snake  river  mas 
sacre,  ii.  472. 

Marks,  John,  biog.,  i.  627. 

Marks,  Wm,  of  anti-slavery  party, 
ii.  359;  del.  to  convention,  418. 

Marple,  P.  B.,  of  Coos  bay  co.,  biog., 
ii.  331. 

Marriages,  in  1838,  i.  318;  laws  re 
lating  to,  309,  436-7;  in  1846-8,  ii. 
38-9. 

Marshall,  J.  W.  discovers  gold,  ii.  42, 
43. 

Marshall,  Maj.  L.  H.,  comd.  of  Ft 
Boise,  ii.  519;  exped.,  520;  defeat 
of,  521. 

Martin,  F.  B.,  of  H.  of  rep.,  1852,  ii. 
296;  favors  slavery,  422. 

Martin,  H.,  mem.  for  Cal.  govt  ar 
rived  1840,  i.  301. 

Martin,  Hy,  exped.  of,  ii.  479. 

Martin,  James  P. ,  exploring  party,  i. 
532. 

Martin,  Wm  J. ,  pilots  immigrants,  i. 
400;  of  H.  of  rep.,  1848-9,  1853-4, 
ii.  58,  59,  323;  col  of  militia,  325; 
pursuit  of  Inds.,  326;  maj.  of  vols, 
386. 

Martin,  William,  unfair  treatment,  i. 
730. 

'  Mary, '  steamer,  ii.  480. 

'Mary  Dare,' ship,  ii.  43;  seizure  of, 
107. 

'  Mary  Ellen,'  brig,  ii.  48. 

'Maryland,'  ship,  i.  186,  244. 

'  Mary  Wilder,'  brig,  ii.  48. 

Mason,  Gen.  E.  C.,  acts  in  Modoc 
war,  ii.  582,  591-619. 

Masonic  lodges,  charters,  ii.  30-31, 
415. 

Massachusetts,  interested  in  Or.,  i. 
367. 

'  Massachusetts,'  ship,  ii.  69. 

Massey,  E.  L.,  biog.,  i.  754;  enrolling 
officer,  ii.  399. 

Matheney,  Daniel,  leader  immigrant 
party,  i.  394;  biog.,  421. 

Matheney,  Henry,  biog.,  i.  421. 

Matilda,  interpreter,  ii.  598,  599. 

Matlock,  W.  T.,  of  H.  of  rep.,  ii.  72, 
143,  158,  296;  librarian,  79;  del.  to 
convention,  418;  receiver  of  land- 
office,  458. 


Matthews,    F.    H.,    district  judge,  i. 

496. 
Matthieu,  F.  X.,  biog.  and   bibliog., 

i.  259;  constable,  304;  presd't  Piou. 

Soc.,  ii.  693. 

Mattice,  F.  D.,  death  of,  ii.  370. 
Mattock,  W.  S.,  circuit  judge,  ii.  63. 
Mattock,   W.    T.,    nominated   U.    S. 

senator,  ii.  639. 

Matts,  Chas,  ship-building,  247. 
Matzger,  Wm,  of  const,  convention, 

ii.  423. 
Maupin,  Howard,  attack  on  Inds,  ii. 

534. 
Maury,   R.   F.,  It-col  of  Or.  vols,  ii. 

491;    sent   on   exped.,    493;    nomi 
nated  U.  S.  senator,  639. 
Maxon,  Capt.,  assumes  command  Or. 

army,  i.  725. 
Maxwell,  H.,   at  Fort  Vancouver,  i. 

42. 
May,  Sam'l  E,,  sec.    of  state,  ii.  637; 

crime  of,  659,  670-71. 
'Mary  Dacre,' ship,   i.    14,   15,  63-4, 

112. 
Maynard,  Rob't,  crime  and  execution 

of,  ii.  156. 

McAllister,  Indian  mission,  i.  55. 
Me  Arthur,  Lt  W.,  in  survey  exped., 

ii.  190. 

McAuley,  Dr,  miss,  meeting,  f.  59'. 
McBean,  W.,  in  charge  at  Ft  Walla 

Walla,  i.  42,  642;  assists  those  es 
caping  massacre,  661. 
McBride,  Geo.  W. ,  sec.  of  state,  ii.  760-1 . 
McBride,  James,  biog.,  i.  630-1;  left 

for   Cal.,    ii.    47;    supt  of    schools, 

79;    supports    Gov.     Lane,    93;    of 

council,   142;  trustee  Or.  academy, 

167;  exped.  of,  479. 
McBride,  John  R.,  del.  to  convention, 

ii.    418-23;    senator,     1860-3,    452, 

638;  nominated  for  congress,  637. 
McFaddon,  Jno.,  joint  brickmaker,  i. 

328. 
McCall,  I.  M.,  of  anti-slavery  party, 

ii.  359. 
McCarver,  M.  M. ,  incident  as  leader, 

i.  400;  biog.,  415;  mem.  prov.  govt, 

427;  speaker  of  house,  428,  472-473; 

act  regarding  organic  law,  485-489; 

resigns   speakership,   488;    left  for 

Cal.,  ii.  47;  com. -gen.  of  militia,  ii. 

325. 
McClane,  J.  B.,  biog.  and  bibliog.,  i. 

398;  descends  the  'Columbia,    407; 

explor.  party,   532;  post-master,  ii. 

187. 
McClelland,    S.    R.,    of    anti-slavery 

party,  ii.  359. 


790 


INDEX. 


McClosky,  John,  signs  memorial,  ii. 
127. 

McCluchy,  Geo.,  killed  by  Inds,  ii. 
395. 

McClure,  I.  R.,  of  anti-slavery  party, 
ii.  359. 

McClure,  John,  biog.,  i.  266-7;  legis 
lator,  473,  481;  in  charge  of  Shark 
house,  588. 

McConnick,  Rev.  P.  F.,  biog.,  i.  634. 

McCormick,  S.  I.,  of  const,  conven 
tion,  ii.  423. 

McCoy,  Jno.,  of  anti-slavery  party, 
ii.  359. 

McCracken,  John,  chief  clerk  of 
house,  ii.  323;  It-col  of  militia,  325; 
of  0.  C.  R.  R.,  698. 

McCrary,  Richard,  distillery  owner, 
i.  281. 

McCue,  Felix,  drowned,  ii.  396. 

McCully,  H.  F.,  of  anti-slavery 
party,  ii.  359. 

McCullock,  Perry,  exped.  of,  ii.  479. 

McCullough,  Pat,  killed  by  Inds,  ii. 
395. 

MeCurdy,  I.  D.,  in  Ind.  exped.,  ii. 
313.  * 

MeCurdy,  John,  biog.,  ii.  714. 

McDonald,  A.,  at  Ft  Hall,  i.  42;  at 
Ft  Colville,  122;  with  White's 
party,  261;  legislator,  604-606. 

McDonald,   Harley,   biog.  of,  ii.  725. 

M  cDougal,  guide  for  immigrants,  1845, 
i.  511. 

McDowell,  Gen.,  requisition  for  cav 
alry,  ii.  510;  app't'd  to  com'd  of 
Pa'c  dist,  510-11. 

McEldery,  Dr,  in  Green's  exped.,  ii. 
574. 

McFadden,  O.  B.,  associate  judge, 
biog.,  ii.  307,  308. 

McGee,  Michael,  killed  on  the  'Ga 
zelle,' ii.  340. 

Mclntire,  A.,  favors  new  ter.  scheme, 
ii.  255;  of  H.  of  Rep.,  1854-5,  349. 

Mclntosh,   Archie,  exped.   of,  ii.  537. 

McKay,  murder  by  Ind.  at  Pillar 
rock,  L.  Col.,  1840,  i.  292. 

McKay,  Donald,  in  com'd  of  scouts, 
ii.  497;  acts  in  Modoc  war,  586,  587, 
615,  625. 

McKay,  Nancy,  marriage,  i.  159; 
death,  i.  160. 

McKay,  Thos,  farmer,  i.  15;  at  Ft 
Vancouver,  33;  character,  33-4;  at 
Ft  Hall,  62;  with  missionaries,  131- 
3;  explor.  party,  532;  raises  co., 
702;  pilots  co.  to  Cal.,  ii.  44. 

McKay,  W.  C.,  app't'd  to  raise  Ind. 
co.,  ii,  531. 


McKean,  M.  M.,  of  assembly,  1866, 
ii.  666. 

McKean,  S.  T.,  biog.,  i.  636,  of  coun 
cil,  ii.  71,  142. 

McKinlay,  A.,  at  Ft  Walla  Walla,  i. 
35,  334,  642;  address  to  Nez  Perces, 
269-70;  advice  to  Whitman,  342; 
gallantry,  345;  signs  memorial,  ii. 
127. 

McKinney,  I.,  Meth.  preacher,  ii. 
677. 

McKinney,  William,  biog.,  i.  634;  at 
Dalles,  ,667. 

McLane,  David,  killed  on  the  'Ga 
zelle,'  ii.  340. 

McLeod,  D.,  arrives  Oregon,  death,  i. 
41. 

McLeod,  John,  in  Ind.  exped.,  ii.  240. 

McLoughlin,  John,  at  Ft  Vancouver, 
i.  7-10,  28-9,  52-3;  appearance,  29- 
30;  character,  30,  42-5;  authority, 
48-50;  marriage,  52;  receives  Lee's 
exped.,  63-4;  plan  of  Or  settlement, 
67;  relations  towards  Young,  91-5, 
97-9;  policy  to  settlers,  97;  policy 
to  U.  S.  agents,  101-3;  receives 
missionaries,  112,  131-5,  154,  184; 
aids  Willamette  cattle  co.,  141;  Or. 
city  claim,  203-18,  223-4,  311;  ii. 
125-7;  charges  against,  i.  207-8; 
meets  Farnham,  230;  attitude  to 
miss,  settlers,  233;  opposes  ship 
building,  247-8;  visits  Cal.,  251; 
treat  of  Red  River  settlers,  252; 
aids  White's  party,  264;  opposes 
Inds,  275;  advice  to  Inds,  277; 
views  on  Cockstock's  killing,  283-4; 
position  on  govt  formation,  297; 
joins  R.  C.  church,  322;  store  in 
Or.  city,  326-7;  treat  of  immigrants, 
410-11,  416,  456-7;  canal  right, 
440;  treat  by  legislature,  443;  op 
position  to,  464-5;  joins  political 
compact,  493-6;  resigns  from  H.  B. 
B.  Co.,  505;  financial  troubles,  506; 
citizenship  of  U.  S.,  506;  retired, 
598;  claims  trespassed  upon,  61 0; 
witness  at.  Ind.  trials,  ii.  97;  injus 
tice  to,  125-7;  death  of,  130;  por 
trait  at  Salem,  1887,  763-4. 

McLoughlin,  John,  j  r,  death ,  i.  36-7, 236. 

McLoughlin,  Maria  E.,  marries  Rae, 
i.  36. 

Me  Mali  on,  Richard,  signs  memorial, 
ii.  127. 

McMinnville  college,  origin  of,  ii. 
684. 

McNamara,  Serg't  John,  in  Modoc 
war,  ii.  588. 

McNamee,  Mrs  Hannah,  biog.,  i.  528. 


INDEX. 


791 


McNamee,  Job.  biog,  i.  528. 

McNary,  Laodicea,  biog.,  i.  531. 

McTavish,  Dugal,  at  Ft  Vancouver, 
i.  42;  County  Judge,  resigns,  ii. 
62. 

Meadows,  Joseph,  exped.  of,  ii.   305. 

Meacham,  Sup't,  official  acts  of,  552, 
558-67;  relieved,  567;  come  to  Mo- 
docs,  act  of,  595-612;  wounded, 
612;  at  trial,  635. 

Meacham  John,  Ind.  agent,  ii.  563; 
report  of,  565. 

Meara,  Serg't,  in  fight  at  lava  beds, 
killed,  ii.  542,  544. 

Measles,  devastating,  i.  648-50,  653. 

Meek,  Joseph  L.,  biog.,  i.  244;  chain  - 
peog  convention,  303-4;  sheriff,  304; 
marshal,  497;  mem.  of  leg.,  604; 
messenger  to  congress,  676-9,  756; 
debut  at  Wash.,  757-8;  acts  in  Al 
bion  affair,  ii.  105;  col  of  militia, 
325. 

Meek,  S.  H.  L.,  founds  Oregon  city, 
i.  205;  meets  White's  party,  258; 
guide,  512;  life  threatened,  513-15; 
petitions  for  road  charter,  532. 

Meek,  William,  biog.,  i.  637. 

Meigs,  C.  R.,  of  court  convention,  ii. 
423. 

Menes,  Captain,  biog.,  i.  326-7. 

Menestry,  Father,  arrives  in  1847,  i. 
326. 

Mengarini,  on  term  Oregon,  i.   19. 


'  Mercedes,'  ship,  ii.  48. 
[erril 
240. 


Merritt 


ties,   snip, 
,   F.   W., 


in  Ind.   exped.,   ii. 


Merrill,  Ashbel,  biog.,  i.  637. 

Merrill,  Joseph,  biog.,  2.  635-6. 

Mesplie,  T.,  arrives  in  1847,  i.  326. 

Metcalfe,  R.  B.,  in  Ind,  exped.,  ii. 
316;  claim  of,  321;  Ind.  agent,  360. 

Methodist  church,  missionaries,  acts 
of,  i.  54-65,  154-83,  184-225;  affairs 
investigated,  219-21;  Wilkes  visit 
miss,  247;  missions,  descript.,  of, 
292-3,  311,  660;  Whitman  purchases 
miss,  644;  hist,  of,  ii.  677-8 

Military  Posts,  location,  object,  i. 
374-6;  opinion  for  establishing  381; 
established  1848-50,  ii.  83-7. 

Military  reservations,  declared,  ii. 
89-92;  U.  S.  court  decision,  91. 
Grande  ronde,  397. 

Military  roads,  appropriations  for,  ii. 
75,  305-6,  436. 

Military,  situation,  ii.  344-7. 

Militia,  law  enacted,  ii.  324;  organ 
ized,  386 

Millar,  Mrs,  injured  on  the  'Gazelle,' 
ii.  340. 


Millar,  Rev.  I.  P.,  killed  on  the  'Ga 
zelle,'  ii.  340. 

Miller,  C.  H.,  in  Ind  exped.,  ii.  497. 

Miller,  G.  M.,  founds  Florence,  ii.  757. 

Miller,  H.  F.,  conduct  in  Modoc  af 
fair,  ii.  565,  569;  death  of,  576. 

Miller  Island,  mil.  reser.,  1850,  ii.  89. 

Miller,  Joaquin,  works  of,  ii.  692. 

Miller,  Jacob  W.,  killed,  ii.   383. 

Miller,  John  F.,  of  H.  of  rep.,  1853- 
4,  ii.  323:  nominated  Gov.,  638; 
com.  of  board  of  agric.,  661;  Or. 
Cent.  R.  R.,  699. 

Miller,  John  K.,  killed  on  the  'Ga 
zelle.' 

Miller,  John  S.,  claim  of,  ii.  321; 
lieut  of  vols,  386;  of  H.  of  rep., 
1856-7,  417;  school  trustee,  685. 

Miller,   Minnie  M.,  works  of,  ii.  692. 

Miller,  Rich.,  of  council,  1850,  ii. 
142;  of  const,  convention,  423. 

Miller,  Win,  del.  to  convention  1857, 
ii.  418. 

Miller,  Lieut,  W.  H.,  in  Modoc  war, 
ii.  589,  616,  622. 

Mill  Creek,  Waiilatpu  mission,  i.  337. 

Mills,  at  Ft  Vancouver,  i.  9,  234; 
Chemeketa  plains,  192;  Willamette 
falls,  203-8,  211-13,  217,  222. 

Mills,  Y.  L,  killed  by  Inds,  ii.  312. 

Milton,  founders  of,  ii.  252,  town  des 
troyed. 

Milton  Creek,  mill  on,  ii.  50. 

'  Milwaukie, '  schr,  ii.  48. 

Milwaukie,  founding  of,  ii.  251. 

Mines,  discovery  of,  John  Day  Pow 
der  river,  ii.  479;  hist,  of,  738-44. 

Mining,  hist,  of,  ii.  738-44;  revival  of, 
products,  etc.,  754. 

Mint,  question  of,  1849,  ii.  52-3. 

Minto,  John,  biog.  and  bibliog.,  i. 
451-2;  joins  Cal.  exped.,  679;  of  H. 
of  rep.,  1862-3,  1868,  ii.  638,  668. 

Minto,  Martha,  biog.  and  bibliog.,  i. 
451-2. 

Missionaries,  labors  of,  i.  17,  54,  78- 
138,  154-225,  318-30;  agric.  under, 
80-4,  192-3;  women  as,  125-38;  ig 
norance  of  hygiene,  190;  opposed  to 
White,  280 ;  treat,  of  immigrants,  416. 

Missionary  republic,  failure,  i.  470-1. 

Missionary,  wives,  outrages  upon,  i. 
662-3. 

Missions,  buildings,  i.  78-80;  un- 
healthiness  of,  86;  Calapooya,  163; 
Clatsop,  185;  Nisqually,  188; 
Dalles,  190;  diseases  at,  190;  land 
grabbers,  313. 

Mission  Life  Sketches,  bibliographi 
cal,  i.  287. 


792 


INDEX. 


Missions,  American  Board  of  Com 
missioners  for  foreign,  plans  for 
western  work,  i.  104. 

Missouri,  petition  from,  i.  375. 

Mitchell,  J.  H.,  sen.,  1862-5;  ii.  638, 
665;  U.  S.  sen.,  667,  672;  biog.,  672; 
approp.  for  public  works,  757. 

*  Modeste, '  English  man  of  war,  i. 
447,  499,  574,  587,  599;  officers  of, 
576. 

Modoc,  origin  of  name,  ii.  555. 

Modoc  lake,  discovered,  i.  547. 

Modoc  war,  1864-73,  ii.  555-636. 

Modocs,  murders  by,  ii.  489;  treaty, 
506;  war,  1864-73,  555-636. 

Moffat,  killed  by  Ind.,  ii.  235. 

Mofras,  Duflotde,  visits  Or.,  250. 

Molallas,  Inds,  i.  282;  treaty  with, 
ii.  211. 

Monmouth  college,    hist,  of,  ii.  687. 

Monroe,  Pres.,  message  Or.  question, 
i.  361-2. 

Monroe,  E.,  attack  on  Inds,  ii.  575. 

Monteith,  Thomas,  biog.,  i.  632;  joins 
Cal.  exped.  679. 

Monteith,  W.  I.,  Presb.  minister,  ii. 
681. 

Monteith,  Walter,  biog.,  i.  632;  joins 
Cal.  exped.,  679;  sch.  trustee,  ii.  682. 

Montgomery,  J.  Boyce,  biog.,  ii.  705; 
purchase  of  Albina,  etc.,  752. 

Montoure,  George,  exploring  party, 
i.  532. 

Moody,  Z.  F.,  elected  gov.,  biog.,  ii. 
675;  administration  of,  760. 

Moore,  Lieut,  in  Modoc  war,  ii.  588. 

Moore,   Andrew  S.,  biog.  of,  ii.  713. 

Moore,  E.,  favors  New  ter.  scheme, 
ii.  255. 

Moore,  George,  biog.,  i.  527. 

Moore,  Henry,  exped.  of,  ii.  479. 

Moore,  Jackson,  leaves  emigration 
1843,  i.  397. 

Moore,  James  H.,  in  survey  exped., 
ii.  248. 

Moore,  Robert,  with  cattle  co.,  i. 
145;  biog.  237-8;  on  gov't  com., 
294,  304;  elected  J.  P.,  312;  pro- 
poses  gov't  seat,  536;  purchases  Or. 
Spectator,  575;  signs  memorial,  ii. 
127. 

Moores,  Isaac  R.,  mem.  H.  of  rep., 
ii.  413,  638,  665;  of  cons't.  conven 
tion,  423;  Or.  Cent.  R.  R.,  698-9. 

Morgan,  Wm.  H.,  petition  favoring 
Modocs,  ii.  634. 

Morris,  Capt.,  arrest  of,  ii.  103. 

Morris,  B.  Wistar,  bishop,  ii.  686. 

Morris,  M.  B.,  in  Ind.  exped.,  wound 
ed,  ii.  313. 


Morris,  Col.  T.,  in  com'd  at  Vancou 
ver,  ii.  460. 

Morrison,  R.  W.,  biog,  i.  449;  county 
treasurer,  612;  mem.  H.  of  rep., 
1858,  ii.  432. 

Morrow,  Gbv.,  mention  of,  ii.  757. 

Morrow  county  organized,  ii.  757. 

Morse,  David,  jr.,  mention  of,  ii.  757. 

Morse,  W.  B.,  Meth.  minister,  ii.  677. 

Morton,  S.  E.,  rep.,  1860,  ii.  452. 

Moses,  S.  P. ,  coll.  at  Puget  Sound,  ii.  108. 

Mosher,  L.  F. ,  favors  New  ter  scheme, 
ii.  255;  Senator,  1870,  671. 

Mosier,  Alice  Claget,  biog. 

Moss'  Pioneer  Times,  MS.,  bibliog., 
i.  265. 

Moss,  S.  W.,  biog.,  i.  265;  mem.  P. 
L.  L.  C.,  297;  signs  memorial,  ii. 
127;  works  of,  691. 

Mott,  C.  H.,  Ind.  commis'r,  ii.  412; 
joins  Confed.  service,  456. 

'  Mountain  Buck,'  steamer,  ii.  480. 

Mountains,  Or.,  2-3. 

Mount  Baker,  eruption,  ii.  41. 

Mount  Hood,  ascent  of,  1854,  ii.  335. 

Mount  Jefferson,  first  ascent  of,  ii. 
335. 

Mount  St  Helen,  eruption,  ii.  41. 

Mount  Spencer,  named,  i.  484. 

Mounted  riflemen,  organization,  i. 
578-9;  bill  to  raise,  670-1;  mem 
bers,  671;  flag  presented,  672;  ac 
tions  of,  ii.  81—100;  desertions  from, 
88-9;  departure,  100. 

Mud  Springs,  named,  i.  550. 

Mulligan,  C.,  early  settler,  ii.  299. 

Multnomah  Co'ty,  created,  ii.  354; 
hist,  of,  717;  value  of  prop,  in,  753. 

Munger,  A.,  Or.  missionary,  i.  238-9; 
character,  death,  239-40. 

Munson,  C.  G.,  in  Snake  river  massa 
cre,  ii.  472. 

Murphy,  Pat,   in  explor.  expedt.,  ii. 

Myers,  John,  in  Snake  river  massa 
cre,  ii.  471. 

My^rs,  Joseph,  in  Snake  river  massa 
cre,  ii.  472. 

Myrick,  Mrs  J.,  i.  37. 

N 

'Nassau,'  ship,  ii.  202-3,  300. 

Natives,  see  Indians. 

Naylor,  T.  G.,  biog.,  i.  422,  571. 

Negroes,  feelings  against,  i.  284;  ex 
pulsion  of,  ii.  157-8;  acts  relating 
to,  ii.  665-6. 

Nelson,  Thomas,  biog.,  ii.   155. 

'  Nereid '  ship,  i.  50,  86,  143,  234. 


INDEX. 


793 


Nesmith,  James  W.,  pion.,  '43,  i.  393, 
395;  character,  402;  judge,  472; 
left  for  Cal.,  ii.  47;  legislator,  58; 
trustee  Or.  academy,  167;  U.  S. 
marshal,  309;  in  Ind.  expedt.,  313; 
brig.  gen.  of  militia,  325;  U.  S.  Sen 
ator,  actions,  453,  459,  674;  R.  R. 
commis'r,  696. 

Newby,  B.  F.,  injured  on  the  'Ga 
zelle,'  ii.  340. 

Newcomb,  Daniel,  of  co'ty  convention, 
ii.  423;  mem.  H.  of  Rep.,  423,  434; 
brig,  gen.,  438. 

New  Dungeness,  light-house  at,  ii. 
248. 

Newell,  Rob't,  legis.  com.,  1842,  i. 
304;  mem.  prov.  gov't,  1844,  428, 
431;  legislator,  472,  474,  604;  ii. 
58;  Or.  printing  assoc.,  i.  536;  left 
for  Cal.,  ii.  47;  Ind.  sub.  agent,  70 
-1 ;  representative,  452;  leased  pen 
itentiary,  644;  R.  R.  commiss'r, 
696. 

Newmarket,  settlement,  i.  464. 

'  Newport, '  ship,  ii.  333. 

Newspapers,  started,  1850-1,  ii.  147; 
political  actions,  353-9;  births  at 
state  admission,  448-9;  excluded 
from  mails,  492;  number  of,  692. 

Newton,  Mr,  murdered,  i.  564. 

Nez  Perces,  missionaries  among,  i. 
Ill,  115-19;  religious  rites,  116-18; 
threaten  Lapwai,  268;  council  with 
White,  269-72;  Spaulding's  influ 
ence,  330,  335;  grammar  made,  335; 
cattle,  stock,  346;  council  with  com 
mis'r,  718-21;  ii.  361-6;  treaty  with, 
366. 

Nichols,  Serg't,  attack  on,  ii.  547. 

Nichols,  Benjamin,  judge,  i.  450. 

Nichols,  H.  B.,  of  const,  convention, 
ii.  423;  of  H.  of  Rep.,  1858-9,  432, 
434. 

Nightingale,  Gideon  R.,  bioer.,  i.  528. 

Niles,  H.,  on  term  Oregon,  i.  22;  prop. 
Weekly  Register,  378. 

Niles'  Weekly  Register,  bibliog.,  i. 
378. 

Nisqually,  mission,  i.  188-90;  Inds  at, 
319;  attacked,  ii.  67-9;  fort  near, 
70;  port  of  delivery,  107. 

Nisqually  Pass,  explored,  1839,  ii.  75. 

Nobih,  Giovanni,  arrives,  July  1844, 
i.  325. 

Noble,  Curtis,  set.  at  Coos  Bay,  ii.  334. 

Noble,  Mrs.  Mary  A.,  biog.,  i.  528. 

Noland,  Rhodes,  killed  by  Inds,  ii.  312. 

Northup,  Nelson,  biog.,  ii.  333. 

Norcross,  A.  I.,  mayor  of  Union  and 
Auburn,  ii.  485. 


Northern  Pac.  R.  R.,  joint  lease  of  0. 

R.  &  N.  Co.'s  line,  ii.  748;  injunc 
tion  against  lease,  749. 
North  Litchfield  Assoc.  of  Conn,  send 

exped.  to  Oregon,  238. 
Northwest  Coast,  term  embraced,  i. 

1;  U.  S.  territorial  rights,  254. 
Notice  bill,  U.  S.  cong.  passes,  i.  589. 
Nott,  Joseph,  trial  of,  ii.  156. 
Nourse,  Geo. ,  first  settler  in  Klamath 

county,  ii.  507. 
Nuns,  arrival  of,  i.  325,  326. 
Nus,  Wm,  death  of,  ii.  575. 
Nuttall,    at   Fort   Vancouver,    i.    16; 

expedt.  to  Or.,   60,   85;  names    Or. 

flora,  86. 
Nye,  Capt.,  in  Columbia,  i.  201,  422. 


0 


Oakland,  laid  out,  1849,  ii.  180. 

Oakley,  with  Farnham's  expedt. ,  227 
-8. 

Oatman,  Harrison,  wounded  by  Inds, 
ii.  371;  lieut.  of  vols.,  510;  fight 
with  Inds,  528,  529. 

O'Beirne,  Capt.,  fight  with  Indians, 
ii.  530. 

Oblate,  Fathers,  mission  to  Yakimas, 
i.  327-8. 

Oblates  of  Mary  Immaculate,  proceed 
to  Or.,  i.  654. 

O'Brien,  John,  drowned,  ii.  396. 

'  Ocean  Bird, '  bark,  ii.  48. 

Odd  Fellows,  dispensation  for  estab 
lishing,  ii.  31. 

Odell,  W.  H.,  surveyor  gen.,  ii.   295. 

Ocleneal,  T.  B.,  app't.  supt.  Ind. 
affairs,  ii.  567;  off!  act  in  Modoc 
war,  569-72;  app't.  peace  commis'r, 
596. 

Ogden,  Maj.  C.  A.,  in  survey  expedt., 
ii.  248. 

Ogden,  P.  S.,  character,  i.  32;  dis 
covers  Humboldt  river,  32;  com'ds 
on  Columbia,  598;  at  Walla  Walla, 
673-4;  rescues  captives,  685-97. 

O'Kelly,  Nimrod,  trial  of,  ii.  156. 

Olcott,  Egbert,  see  Smith  Noyes.  , 

Olds,  W.,  of  const,  convention,  ii. 
423. 

Olinger,  A.,  biog.,  i.  421. 

Oliver,  L   W.,  killed  by  Inds,  i.i  395. 

Olley,  James,  death,  i.  200 

Olney,  Cyrus,  trustee  of  University, 
ii.  299;  associate  judge,  307;  of 
const,  convention,  423;  mem.  H.  of 
Rep.,  666,  671;  subsidy  bill  of,  697. 

Olney,  Nathan,  Ind.  agent,  ii.  360; 
recruiting  officer,  497. 


794 


INDEX. 


Olympia,  port  of  delivery,  ii.  170 
co'ty  seat,  299. 

One-eyed  Mose,  of  Capt.  Jack's  band, 
ii.  576. 

O'Neil,  James,  in  cattle  expdt. ,  i.  142 
converted,  179;  mem  of  col.  gov't, 
301,  304;  judge,  312,  496;  R.  R. 
commis'r,  696. 

Ordinance,  1787,  applied  to  Or.,  1843, 
i.  313. 

Oregon,  early  extent,  i.  1 ;  geological 
division,  1-6;  natural  resource.},  4- 
6;  climate,  4-5;  ii.  40-1;  society, 
1834,  i.  9-10,  15-17;  advent  of  nrn- 
sionaries,  16-17;  name,  17-25;  law 
under  H.  B.  Co.,  47-50;  Meth. 
missionaries,  54-65;  early  settlers, 
63-77;  251-2;  missionaries,  1G34-8, 
78-103,  184-225;  Presb.  mission 
aries,  104-38;  colonization,  154-83; 
event/,  1839,  226-52;  Belcher  on, 
232-3;  Farnham'srept,  236;  Wilkes 
visit,  2i3-9;  U.  S.  claim  to,  349-50; 
limits,  348-5;  message  of  executive, 
429-30;  land  law  provisions,  443-5; 
negro  immigration,  437-8;  necessity 
for  better  route,  542-3;  war  feeling, 
1846,  573-99;  propositiion  of  Brit 
ish,  580;  first  flag,  588;  boundaries, 
591-4,  597-8;  progress,  609;  dis 
gust  with  U.  S.  gov't,  615-17;  ship 
building,  ii.  27;  news  of  Cal.  gold 
discovery,  42;  effect  of,  51;  gold 
discovery,  1850-2,  174-204;  cost  of 
Ind.  war,  320-1;  state  admittance, 
440-1;  seal,  444;  during  war,  1861- 
5,  456-8. 

Oregon  army,  miserable  condition,  i. 
726;  objections  against,  727. 

Oregon  and  Cal.  mission,  organized, 
1849,  ii.  677. 

Oregon  and  Cal.  R.  R:  Co.,  charter 
granted,  ii.  696;  purchase  of,  747. 

Oregon  cavalry,  1st,  hist,  of,  1860-3, 
ii.  493. 

Oregon  central  military  road  co.,  ac 
tions  and  grants,  ii.  651,  653. 

Oregon  Cent.  R.  R.,  hist.,  ii.  696-706. 

Oregon  city,  founding,  i.  205,  207, 
211-12,  217-18;  progress,  265;  Mc- 
Loughlin's  claim,  311;  bishop's  see, 
327;  first  brick  house,  328;  jail, 
439,  619;  incorporated,  443;  legis 
lature  at,  473,  ii.  59;  seat  of  gov't, 
i.  536;  post-office  established,  614, 
ii.  29;  churches,  36;  trial  of  Inds, 
94-6;  population,  1852,  251;  flood, 
1861,  483;  first  church,  677;  water- 
power  at,  753. 


'Oregon  Democrat, '  newspaper,  ii.  449. 

Oregon's  envoys,  i.  754-67. 

Oregon  infantry,  1st,  organized,  ii.  509. 

Oregon  institute,  founded,  i.  201-3, 
300;  moved,  322;  catholics  offer  to 
purchase,  326;  sale,  789-90. 

Oregon  Pac.  R.  R.,  construe,  of,  ii.  749. 

Oregon  pioneer  assoc.,  object,  offi 
cers,  bibliog.,  i.  394. 

Oregon  printing  assoc.,  principles,  i. 
535-6;  work  done,  ii.  31. 

Oregon  prov.  emig.  soc.,  organized, 
purpose,  i.  174,  176,  373. 

Oregon  R'y  Co.,  purchased,  ii.  747-8. 

Oregon  R'y  &  Nav.  Co.,  bridge  and 
depot  of,  ii.  748;  line  of,  leased,  748; 
injunction  against  lease,  749;  exten 
sion  of  lines,  750. 

Oregon  rangers,  formation,  i.  283; 
serv.  of,  284-5;  flag  presented,  583. 

Oregon  '  Spectator,  'newspaper,  i.  484, 
575;  suspended,  ii.  43-4. 

Oregon  'Statesman,'  newspaper,  ii. 
147. 

Oregon  Steam  Nav.  Co.,  organization 
of,  ii.  480. 

Oregon  Temperance  Society,  organ 
ized,  i.  98. 

Oregon  'Whig, '  newspaper,  ii.  147. 

Organic  laws,  amendment  of  1845,  i. 
470-507. 

Osborne,  Bennet,  explor.  party,  i.  544. 

Oswego,  founded,  ii.  251;  iron  works 
at,  752. 

Otis,  Maj.,  in  Modoc  war,  ii.  567-70. 

Overland  mail,  first  daily,  ii.  438. 

Overtoil,  Wm,  owner  of  Port,  land 
claim,  i.  791,  ii.  281. 

Owens,  D.  D.,  exped.  of,  ii.  300. 

Owens,  John,  explor.  party,  i.  544; 
at  Ft  Hall,  551-2;  rescues  immi 
grants,  564. 

Owens,  Y.  P.,  attack  on  Inds,  ii.  318. 

Owens,  Thomas,  biog.,  i.  421. 

Owhi  chief,  opposes  treaty,  ii.  364. 

'  Owyhee, '  biog. ,  i.  40. 

Owyhee  river,  battle  of,  ii.  520-1. 


Pacific  city,  White,    founds  1853,   i. 

290. 

Pacific  co'ty,  established,  ii.   150. 
Pacific  Journal,  newspaper,  ii.  448. 
Pacific    ocean,    natural    boundary  of 

U.  S.,  i.  358. 

5acific  republic,  scheme  of,  ii.  450-1. 
'acific  university,  i.  138;  ii.  680. 
Pack  wood,  Elisha,  biog.  i.  530-1. 


INDEX. 


795 


Packwood,  Wm  H.,  of  const,  conven 
tion,  ii.  423. 

Page,  Dan  D.,  killed  on  the  'Gazelle,' 
ii.  340. 

Parge,  H.  C.,  attacked  by  Inds,  ii. 
523. 

'Pallas, 'brig,  i.  423-4,  467. 

Palmer,  Capt.,  movements  of,  ii.  512- 
13. 

Palmer,  Cornelius,  justice  of  peace, 
ii.  298. 

Palmer,  Joel,  leaves  for  W.  S.,  i.  337; 
aid  _to  Welch,  509;  road  making, 
518;  biog.  and  bibliog.,  522;  corn- 
mis,  gen.,  67G;  sup't  Lid.  affairs, 
683;  ii.  309;  official  action,  i.  720; 
ii.  359-68,  397-9,  409-11;  left  for 
Cal.,  ii.  47;  of  H.  of  rep.,  1862-3, 
638;  senator,  1864-6,  665,  666;  Or. 
Cent.  R.  R.,  698. 

Palmer,  Joes,  trustee  of  Or.  Academy, 
ii.  108;  founded  Dayton,  251. 

Palouses,  battle  with,  i.  723-4. 

Pambrum,  P.  C.,  at  Walla  Walla,  i. 
35;  receives  missionaries,  110,  ICO, 
influence  with  Inds,  330,  345;  ex- 
plor.  exped.,  1839,  ii.  75. 

Panina  chief,  rnake^  peace,  ii.  507-8; 
fight  with,  533;  killed,  234. 

Paris,  J.  D.,  fainthearted  missionary, 
i.  334. 

Parker,  David,  explores  Puget  Sound, 
i.  463-4. 

Parker,  A.  C.,  of  Assembly  1864-5, 
ii.  665. 

Parker,  Sam'l,  of  legislature,  ii.  58-9, 
63;  mem.  of  council,  71-2,  142,  158, 
103,  434;  mem.  penit'y  board,  298; 
university  trustee,  299. 

Parker,  Reb.  Samuel,  seeks  miss. 
site,  i.  104;  character,  105-6.  at 
Ft  Walla  Walla,  110,  120;  meets 
White,  111,  11 5;  at  Ft.  Vancouver, 
111-14,  123;  opinion  of  natives, 
112;  meet.}  Lee,  113,  selects  Wau- 
latpu,  117-19;  map  of  travels,  120; 
at  Ft  Colville,  122-3;  Sandwich 
Inlands,  123-4. 

Parker,  Win,  explor.  party,  1846,  i. 
544;  of  H.  of  rep.  1850,  ii.  142; 
biog.,  143. 

Parker,  Wm  G.,  biog,,  i.  544. 

Parker,  W.  W.,  of  assembly  1858-9, 
ii.  434;  dep'ty  collector,  458;  biog. 
458. 

Parrish,  E.  E.,  biog.,  i.  469;  dist 
judge,  496;  school  trustee,  ii.  685. 

Parrish,  Edward,  death  of,  ii.  370. 

Parrish,  Jesse,  biog.,  i.  754. 

Parsqus,  I.  H.,  biog.,  ii.  711. 


Parrbli,  J.  L.,  missionary,   i.   177;  at 

Clataop  miss.,  188;  trustee  Or.  In 
stitute,    202;    at    Salem,    225;    on 

gov't  com.,  297;  Ind.  agent,  ii.  213; 

Meth.   preacher,  677;   R.  R.   com- 

mis'r,  6fJG. 
Parrott,  Rev.  Joseph  E.,  biog.,  i.  753; 

signs     memorial,    ii.     127;     Meth. 

preacher,  677. 
Parti ow,  James,  Pilos  of  the  '  Gazelle,' 

ii.  340. 

Patten,  rescue3  immigrants,  i.  564. 
Patterson,  A.  W.,  of  H.  of  rep.,  1854- 

5,  ii.  319;  lieut.  of  vols,  38G;  enroll- 

ing  oGcer,  390;  cf  0.  C.  M.  Road 

Co.,  652;  senator,  1870,  671. 
Patterson,  Joshua,  biog.  of,  ii.  713. 
Patton,    Lieut,    fight  with   Inds,    ii. 

530. 

Patton,  Polly  Grimes,  biog.,  i.  627. 
Patton,    T.    Me   F.,    att'y,    ii.     158; 

favors  new  ter.   scheme,  255;  clerk 

of  council,  417;  Or.  Cent.    R.  R., 

699. 

Paugh,  William,  biog.,  i.  526-7. 
Pawnees,  missionaries  among,  105. 
Payette,  at  Ft  Boise,  i.  229,  239;  re- 

ceives  immigrants,  401. 
Payne,  Aaron,  biog.,  i.  630;  of  H.  of 

rep.,  1850,  143;  in  Lid.  exped.  325. 
Payne,  Clayborne,  death,  i.  397. 
Payne,  Dr  Henry,  in  explor.   exped. 

ii.  176. 

Payne,  S.,  n.ap,  i.  24. 
Peace  Commissioners,  visited  by  Ya« 

kimas,  i.  707-8. 

'Peacock,'  ship,  wrecked,  i.  249. 
Pearl,  Henry,  killed  in  Ind.  fight,  ii. 

383. 
Pearne,   Thos  H.,  nominated   U.   S. 

senator,    ii.    639;   Meth.    preacher, 

677. 
Peebles,  I.  C.,  of  H.  of  rep.,  ii.  323; 

of  council  1854-7,  349,  413,  417;  of 

coiut.  convention,  4C3. 
Peel,  Wm,  arrives,  i.  497. 
Peers,  Henry  N.,  mem.  of  leg.,  i.  604, 

606;  literary   abilities,   606;  works 

of,  ii.  691. 
Peerce,    Capt.    C.    H.,    com'd  at  Ft 

Steilacoom,  ii.  532. 
Pend.  O'Oreilles,  St  Ignatius  mission 

founded,  i.  327. 
Pendleton,   chairman  mil.    affairs,   i. 

378. 
Pengra,  B.  J.,  surveyor-gen.,  ii.  295, 

458;  nominated  to  congress,  446;  of 

0.  C.  M.  Road  Co.,  652;  explores 

route,  705. 


796 


INDEX. 


Penitentiary,  waste  of  appropriations, 
ii.  350,  352;  constructed,  644,  645. 

Pennoyer,  Gov.  S. ,  mess,  to  cong. ,  ii.  760. 

Pentland,  Robert,  injured  on  the 
•Gazelle,'  ii.  340. 

Peoria,  Lee's  colonizing  efforts  in,  226. 

Pepoon,  Lieut  Silas,  actions  of,  ii.  521. 

Pepper,  I.  P.,  in  explor.  exped.,  ii. 
197. 

Perkins,  Mrs.  at  Willamette  miss., 
i.  161;  at  Dalles,  164,  181,  190. 

Perkins,  Rev.  H.  K.  W.,  at  Willam 
ette  miss.,  i.  161,  230;  at  Dalles, 
163-6,  179-81,  242. 

Perham  &  Co.,  Carding  machine  of, 
ii.  338. 

Perkins,  Joel,  founded  town,  ii.  251. 

Perry,  Capt.  D.,  in  Modoc  war,  ii. 
581-90,  616-18;  captures  Captain 
Jack,  629-30. 

Perry,  Frank,  killed  by  Inds.,  ii.  315. 

Perry,  James,  murder  of,  ii.  521. 

Pettygrove,  F.  W.,  fined  for  using 
liquor,  i.  282;  mem.  P.  L.  L.  C., 
397;  at  Or.  city,  417;  biog.  and 
bibliog.,  422-3;  judge,  496,  left  for 
Cal.,  ii.  47;  founded  Portland,  717. 

Pettyjohn,  L.,  school  trustee,  ii.  685. 

Peupeumoxmox,  visits  McLoughlin, 
i.  277;  trading  ventures,  286;  ad 
ventures  with  McKinlay,  345;  con 
duct,  651;  revokes  friendship,  728; 
acts  at  council,  ii.  364. 

Phelps,  Miss  A.,  missionary,  i,  177; 
marriage,  237. 

Phillips,  Miss  E.,  missionary,  i.  177, 
187. 

Pickett,  Chas.  E.,  threatened,  i.  284; 
mem.  P.  L.  L.  C.,  297;  bibliog., 
434-5;  judge,  496,  Ind.  agent,  614; 
unpopularity,  615. 

Pickett,  I.  W.,  killed,  ii.  478. 

Pierce,  E.  D.,  expedt.  of,  ii.  479. 

Pike,  Lt,  pursuit  of  Inds,  ii.  545,  546. 

Pilcher,  Major,  Ind,  agent,  with  mis 
sionaries,  i.  128. 

Pilot  service,  at  mouth  of  Columbia, 
ii.  191. 

'  Pioneer, '  schr,  ii.  48. 

Pioneer  association,  hist  of,  ii.  693-4. 

Pioneer  Lyceum  and  Literary  Club, 
1844,  i.  296-7. 

Pioneers,  Iist3  of,  i.  73-7;  394, 526,  568, 
.683,  751;  list  cf  deaths,  ii.  762-3. 

Piper,  Lt,  A.,  takes  the  field,  ii.  476. 

Pit  river,  Crook  on,  ii.  538-9. 

Pit  river  Inds,  murder  by,ii.  489. 

Pitman,  Miss  A.  M.,  arrives  Or.,  i, 
156;  at  Willamette  mission,  i.  157 
-9, 


Planing  mill,  built  on  Columbia,  ii. 
50. 

Platt,  I.  C.,  murder  of,  ii.  156. 

Platte,  discussion  as  to  site  of  military 
post,  i.  376. 

Poinsett,  on  military  posts,  i.  376. 

Point,  Nicholas,  R.  C.  priest,  Flat- 
head  mission,  i.  324. 

Poland,  Capt.,  death  of,  ii.  394. 

Poland,  John,  killed  by  Inds,  ii.  395. 

Polk,  Pres.,  actions  on  Or.  question, 
i.  388,  582-3;  on  boundary  question, 
595. 

Polk  co'ty,  created,  i.  538;  hist,  of, 
ii,  722. 

Pollock,  John,  death  of,  ii.  370. 

Pomeroy,  W.,  witness,  land  dispute, 
i.  206;  signs  memorial,  ii.  127. 

Ponjade,  John  P.,  biog.,  i.  633. 

Pony  express,  founder  of,  ii.  438. 

Popham,  Ezekiel,  murderous  affray, 
ii.  37. 

Popo-agie,  military  post,  i.  376. 

Popular  election,  vote  on  constitution, 
ii.  427,  428. 

Population,  251,  543,  ii.  251,  259. 

Port  of  entry  established,  ii.  103,  104. 

Porter,  William,  biog.,  i.  753. 

Portland,  found,  of,  i.  791-3;  port  of 
delivery,  ii.  107;  pop.  1852,251;  legis 
lation  over  site,  281-9;  hist,  of,  717- 
22;  progress  of,  1880-8,  750-1. 

Portland  library,  organiz.  of,  ii.  751-2. 

Port  Orford,  established,  ii.  193;  offi 
cials  at,  1851,  233. 

Post  route,  establishing,  i.  614. 

Powder  River  mine,  discovery  of,  ii. 
479. 

Powder  River  valley,  fertility  of,  ii. 
485. 

Powers,  Thomas,  road  making,  1846, 
i.  558. 

Pratt,  judge  of  second  dist,  ii.  70,  ac 
tions  of,  102. 

Pratt,  O.  C.,  Young's  property,  i.  151- 
152,  780;  ii.  103,  157-9,  162-4,  167. 

Presbyterian  church,  hist,  of,  ii.  680- 
83. 

Presbyterians,  advent  of,  i.  104-38; 
1838-47,  315-48:  jealousies,  329- 
30;  alarm  at  R.  C.  action,  340-1; 
downfall  of,  741. 

Preston,  Geo.  C.,  Ind.  sub.  agent,  ii. 
70. 

Preston,  H.  L.,  nominated  U.  S.  Sen 
ator,  ii.  639. 

Preston,  I.  R.,  surveyor  gen.,  ii.  155. 

Pretol,  arrives  in  1847,  i.  226. 

Prettyman,  Perry,  biog.,  i.  627. 


INDEX. 


797 


Prichett,  defended  Inds,  ii.  96;  acting 
gov.,  98. 

Prigg,  Fred,  mem.  P.  L.  L.  C.,  i.  297; 
judge,  496;  terr.  sec.,  606;  death, 
ii.  36. 

Prim,  P.  P.,  pros,  att'y,  ii.  336;  of 
const,  convention,  423;  app'td  dist 
judge,  443,  670. 

Prince,  Nez  Perces,  chief,  i.  279. 

Pringle,  Pherne  T.,  biog,,  i.  570. 

Pringle,  Virgil  K.,  biog.,  i.  570. 

Printing  press,  Hall  brings,  1839,  i. 
335-6. 

Probate  courts,  i.  3( 

Probst,  Robert,  murder  of,  ii.  477. 

Protective  assoc. ,  capital,  object,  ii. 
21-2. 

Protestant  church,  first  erected,  ii. 
677. 

Provencher,  J.  N.,  bishop  of  Juliopo- 
lis,  1834,  i.  315. 

Provisions,  high  price,  i.  259,  45] . 

Pruett,  J.  H.,  biog.,  i.  633. 

Public  buildings,  acts  concerning,  ii. 
298. 

Public  lands,  first  sale  of,  ii.  660. 

Public  library,  books  for,  ii.   144. 

Public  roads,  acts  relating  to,  ii.  651- 
2. 

Pudding  river,  name,  i.  72. 

Puebla  mts,  fight  at,  ii.  535. 

Puget  Sound,  exploration,  i.  463-4; 
collector  appointed,  ii.  108;  fortifi 
cations,  510. 

Puget  Sound  Agricultural  Co.,  oppo 
sition  to,  i.  189;  attempt  at  settle 
ment,  252;  Cowlitz,  319 

Pugh,  J.  W.,  biog.,  i.  572. 

Putnam,  Charles,  road  making,  1846, 
i.  558. 

Pyle,  James  M.,  clerk  of  assembly,  ii. 
434;  senator,  1864-6,  665-7;  sup 
ports  R.  R.  grants,  697 


Quallawort,  execution  of,  ii.  80. 
Quatley,  Chief,  in  Lane's  Ind.  expdt, 

ii.  219-21. 
Quebec,  archbishopric,  appoints  Blan- 

chet  to  Or.,  1837,  i.  306. 
Quesnel,  F.,  settler,  i.  74. 
'  Quito, '  brig,  ii.  48. 


R 


Radford,  Lt  R.  C.  W.,  Indian  expdt., 

ii.  320. 
Rae,  W.  G.,  life  as  fur-trader,   i.  36: 

in  CaL,  251. 


Rae,    Mrs,   marries,    i.    37;    in  Cal., 

Ragan,  Wm,  attack  on  Inds,  ii.  534. 

Railroads,  memorial  for,  i.  590:  char 
ters  granted,  ii.  325-6;  land  grant, 
668;  hist,  of,  695-706;  progress,  746. 

Rainer,  founded,  ii.  252. 

Rainey,  J.  T.,  biog.,  i.  570. 

Rains,  C.,  killed,  ii.  464. 

Ralston,  Jeremiah,  biog.,i.  631;  Uni 
versity  trustee,  ii.  299. 

Rascal  river,  name,  i.  90. 

Ravalli,  Antonio,  arrives  July  1844, 
i.  325. 

Raymond,  W.  W.,  at  Clatsop  miss., 
i.  177,  187;  death,  199-200. 

Reading,  P.  B.,  pion.,  1843,  i.  395. 

Real  estate  exchange,  list  of  incor- 
porators,  ii.  751. 

Ream  Lt,  in  Modoc  war,  ii.  593. 

Reasoner,  I.  S.,  Presb.  min.,  ii.  681. 

Rector,  W.  H.,  mem.  of  leg.,  i.  612; 
left  for  Cal.  ii.  47;  supt  of  Ind.  af 
fairs,  459;  R.  R.  comm'r,  696. 

Red  River  families,  settle't  in  Or. ,  252. 

Reed,  Geo.,  killed  by  Inds,  ii.  395. 

Reed,  I.  H.,  of  const,  convention,  ii. 
423. 

Reed,  Martin,  killed  by  Inds,  ii.  395. 

Rees,   W.    H.,    institutes   library,    i. 
295-7;  mem.  of  leg.,  612. 
sec.  of  Pioneer  Soc.,  693. 

Reeves,  S.  C.,  pilot,  i.  326,  589;  ii. 
24-5;  left  for  Cal.,  47. 

Rehart,  C.  A.,  biog.  of.  ii.  715. 

Religion,  first  celebration  mass  Nov., 
25,  1838,  Vancouver,  i.  317. 

Religious  sects,  numbers,  denomina 
tions,  ii.  36. 

Remeau,  assists  emigrants,  1848,  i. 
400. 

Rendezvous,  of  fur  traders,  i.  130. 

Republican  party,  formation  of,  ii. 
416;  clubs,  418;  platform,  1858, 
430;  convention  1859,  445;  1862, 
637;  victory  of  1888,  762. 

Reservation,  on  Malheur  river,  ii. 
554;  set  off,  653. 

Revenue,  raising  of  1845,  i.  540;  laws, 
ii.  104-8. 

Reynolds,  Frances  Ella,  biog. ,  i.  753. 

Reynolds,  R.  B.  defended  Inds,  ii. 
96. 

Rice,  Col,  killed,  ii.  527. 

Rice,  W.  H.,  fainthearted  missionary, 
i.  334. 

Richard,  Father,  superior  of  the  ob 
late  orders,  i.  328. 

Richardson,  A.,  in  Ind.  exped..  ii. 
224. 


798 


INDEX. 


Richardson,  Daniel,  death,  i.  398. 
Richardson,    Dan,    lieut    of   vols,    ii. 

379;  killed,  396. 
Richardson,    Jesse,    favors    new   ter. 

scheme,  ii.  255. 
Richardson,    P.,     meets     Famham's 

exped.,  228. 

Richey,  Caleb,  biog.,  i.  754. 
Richmond,  Rev.  J.   P.,  missionary,  i. 

177;  at  Misqually  miss.,  188-90. 
Richmond,  Mrs,  missionary,  i.  177. 
Ricord,  John,  at  Oregon  city,  i.  211- 

13;  opposes  McLoughlin,  i.  215-18. 
Riddle,    F.    F.,    interpreter,    ii.  599- 

609. 
Riddle,    Foby,    interpreter,    ii.    599- 

612. 

Ridge  way,  Mrs  Tabitha,  biog.,  i.  529. 
Riggs,  James  B. ,  biog.,  i.  527. 
Riggs,  W.  C..  killed,  ii.  464. 
Riley,  Capt.  Bennett,  chastises  Inds. 

i.  397. 

Riley,  Edward,  murder  of,  ii.  527. 
Rinearson,  S.  S.,  mem,  of  express,  i. 

552;  1st  serg't  rifle  co.,  671;  capt. 

of   vols,   ii.    379;  promulgates  rep. 

doctrine,  418;  Maj.  of  Or.  vols,  491. 
Roads,  petitions  for,  i.  531-3;  located, 

ii.    152;  explorations  for,  335. 
'Roanoke,'  ship,  wrecked,  ii.  300. 
Robb,    J.    R.,    attempts    to    muzzle 

press,   i.   622;  left  for  Cal,  ii.  47; 

university  trustee,  299. 
Robbins,  Nathaniel,  of  const,  conven 
tion,  ii.  423. 
Robe,  Robert,  Presbyterian  minister, 

ii.   681. 
Roberts,  G.  B.,  at  Ft  Vancouver,  i. 

38;  life,  i.  38-9. 

Roberts,  Mrs  G.  B.,  arrives  Ft  Van 
couver,  27. 
Roberts,  W.,  transferred  to  Cowlitz, 

i.  598-9;  attempts  to  muzzle  press, 

622;    university   trustee,    ii.      299; 

sup't.  of  missions,  677. 
Robinson,  A.  A.,  clerk  of  council,  ii. 

72. 

Robinson,  Ed,  stabbing  affair,  ii.  37. 
Robertson,   Joseph,   Presb.    minister, 

ii.  682. 
Robinson,  John,  biog.,  i.   570;  of  H. 

of  rep.,  1855-6,  ii.  413. 
Robin's  Nest,  proposed  seat  of  gov't, 

i.  536 

Robinson,  Thomas  G.,  biog.,  i.  527. 
Robinson,    Rev.    William,    biog.,    i. 

627. 

Roby,  death,  1846,  i.  559. 
Rock  Dave,  of  Capt.  Jack's  band,  ii. 

57G. 


Rockwell,  John,  in  survey  exped.,  ii. 

249. 
Roe,  C.  J.,  marriage,  i.   159;  history, 

ii.  160. 

Rogers,  murdered,  i.  660 
Rogers,  Clark,  Alcalde,  ii.  325. 
Rogers,  Cornelius,  missionary,  i.  137- 

8;  marriage,  199;  death,  1843,  199- 

200;  explor.  exped.  1839;  ii.  75. 
Roarers,  Capt.  John  I.,  cond.  at  Cape 

Hancock   ii.  532. 
Rogers,  John  P.,  left  for  Cal.  1848-9, 

ii.  47. 
Rogers,   Mary  Jane  Robert,  death,  i. 

469. 
Rogue  river,  name,  i.  80;  hostility  of 

Inds,  95;  ii.  377;  explor.   of,  176-8, 

197;    gold    discovered,    18(3;  battle 

on,  227. 
Rogue  River  Inds,  Lane's  conference 

with,  ii.   220-21;  expeclts.   against, 

1850,    222-4;  battle   with,    1853-4, 

311-21. 

Rolfe,  Tollman,  H.,  biog.,  i.  634. 
Roman      Catholic,      withdrawal     of 

French,  i.  292. 

Rose,  De,  killed  by  Inds,  ii.  313. 
Rose,    Aaron,    founds    Roseburg,    ii. 

184;  of  H.  of  rep.,  1856-7,  417. 
Roseborough,  in  Modoc  war,  ii.  603, 

607. 

Roseburg,  founded,  ii.  184. 
Ross,  J.  E.,  lieut  rifle  co.,  i.  671;  re 
signed,    70S;  left  for  Cal.,    ii.    47; 

favors  new,  ter.  scheme,  255;  claim 

of,  321 ;  col  of  militia,  325,  376;  of 

H.  of  rep.,  1855-6,  414,  666;  mem. of 

council  1856-7,  417;  offers  services, 

583;  Director  Or.  Cent.  R.  R.,  699. 
Rosseau,  Father,  on  Umatilla,  i.  327- 

8,  654. 
Rosseau,  Gen.  L.  H.,  com'd  of  dep't, 

ii.  548. 

Round  Prairie,  named,  i.  546. 
Routes,  merits,  i.  565-6. 
Routes  and  Cut-offs,  map,  i.  543. 
Rowe,  John  Lafayette,  hist,  of,  ii.  713 
Royal,  Capt.,  on  Or.  coast,  i.  86. 
Ruckle,  J.   S.,  elected  senator  1858, 

ii.    432;    steamboat   owner,  480-1; 

mention  of,  765. 

Runnels,  Jesse,  in  Ind.  exped.,  ii.  224. 
Russler,    Sergeant,    in   fight   at   lava 

beds,  killed,  ii.  542-544. 
Russell,  Edward,  founds  Albina,  ii.  752. 
Russell,  O-sborne,  mem.  prov.   gov't, 

i.    427;    biog.    428;    candidate   for 

Gov.,  471. 
Russians,  oppose  H.  Bay  Co.,  i.  232; 

trade  of,  574. 


INDEX. 


799 


Russell,  W.  H.,  commands  Cal.  Co., 

1846,  i.  556;  founded  pony  express, 

ii.  438. 
Russia,  ukases  w.  Am.  limits,  1822, 

i.  352. 

Ruth,  I.  S.,  in  survey  exped.,  ii.  190. 
Rvan,  Jeremiah,  in  explor.  exped.  ii. 

197. 


'  Sacramento, '  brig. ,  ii.  48. 
Saffarans,  Henry,  at  Dalles,  i.  667. 
Sager,    Mr  and  Mrs,  death,  i.  453-4. 
St  Clair  Co.,  emigrant  co.  from,  1843, 

i.  393. 
St  Clair  Wayman,  of  H.   of  rep.,  ii. 

143,  349;  biog.,  143. 
St  Francis  Borgia,  mission  founded, 

i.  337. 
St  Francis  Regis,  mission  founded,  i. 

327. 

St  Helen,  founded,  ii.  251. 
St  Ignatius,  mission  founded,  i.  327. 
St     Joseph,     boys     school,     French 

Prairie,  1844,  i.  325. 
St  Mary,  convent  and  girls'  school  at 

French  Prairie,  1844,  i.  325. 
St  Paul,  Champoeg  church  dedicated 

to,  1840,  i.  319,  328. 
StPaul  miss,  sem'y,  incor.,  ii.  152. 
St  Peters,  mission  founded,  i.  327. 
Salem,  site  laid  out,  i.  222;  capital, 

ii.  146,  643;  legislat.  at,  163;  const. 
.     convention  at,  423;  growth  of,  752. 
Sales,  Mr,  at  Waulatpec,  i.  648. 
Sallee,  killed  by  Inds,  i.  561. 
Salmon-canning,  decline  of,  ii.  758. 
Salmon  river,  quartz  mines  at,  ii.  754. 
Sam,  chief,  actions  in  Ind.   troubles, 

ii.  239-15. 

'Samuel  Roberts,'  schr,  ii.  176. 
Sanborn,  Charles,  biog.,  i.  633. 
Sanders,  Allen,  dep.  about  Cal.,  i.  552. 
Sanders,  Geo.  N. ,  agent  at  Wash,  for 

H.  B.  Co.,  ii.  108-9. 
Sand  ford,  I.  R.,  in  immigrant  party, 

1859,  ii.  463. 

Sand  island,  surveyed,  ii.  249. 
Sandwich  islands,  trade  with,  ii.  258. 
San  Francisco,  H.  B.    Co.   post  at,  i. 

250-7;  explor.  co.  formed  at  ii.  175. 
Santiam  river,  Indians    attacked   on, 

1846,  i.  285. 

'Sarah  &  Caroline, 'ship,  i.  144. 
Saules,    negro,   deserts   ship.    i.    249; 

troubles  with,  282-4. 
Saunders.  L.  Woodbury,  biog,  i.  647. 
Saunders,  S.,  killed,  ii.  378. 
Sager,  John,  murdered,  i.  659, 


Savage,  Luther,  biog.,  i.  637. 
Savage,  Morgan  Lewis,  biog.,  i.  629. 
Savage,  Towner,  biog.,  i.  571. 
Sawyer,  Willoughby,  in  fight  at  lava 

beds,  killed,  ii.  544. 
Saxton,  Joseph  Charles,  accompanies 

White,  i.  484. 
Scarborough,    L,    killed  by  Inds,   ii. 

317. 
Scarface,  murder  by,  ii.  238-9;  hanged, 

245. 
Scarface  Charley,  acts  in  the   Modoc 

war,  ii.  572-86;  surrenders,  629. 
Schaeffer,    J.,    in   immigrant   party, 

1859,  ii.  463. 

Schira,  Nicholas,  murder  of,  ii.    576. 
Schira,  Mrs,  bravery  of,  ii.  576. 
Schmoldt,  Adolf,  killed  by  Inds,  ii. 

396. 
Schofield,  Nathan,  in  explor.  expedt., 

ii.  176. 
Schofield,  Socrates,  in  explor.  expedt., 

ii.  176. 

Scholl,  Peter,  biog.,  i.  627. 
School,   at  Ft  Vancouver,  i.   49,   80; 

Champoeg,   86;    Willamette   miss., 

160,  162;  Chemeketa.  190,  201,  222; 

Baptists,   ii.    648;    Methodist,    678; 

Catholic,  679;  Presbyterian,  682-3; 

Episcopal,  687,  Public,  hist,  of,  688 

-9;  Indian,  690. 

School  fund,  act  creating,  ii.  299. 
School  lands,   appropriations  for.   ii. 

660-3. 

School  law,  enactment  of,  ii.  77. 
Sconchin,  chief,  acts  in  Modoc  war, 

ii.    555-612;    trial   and   execution, 

635-6. 

Scott,  Felix,  Ind.   agent,   i.   749;    es 
corts  immigrants,  750-1;  b  og.,  750; 

R.  R.  comis'r,  ii.  696. 
Scott,  Harvey  W.,  edited  Oregonian, 

ii.  147;  librarian,  694. 
Scott,  J.  B.,  murder  of,  ii.  545. 
Scott,  John,  biog.,  joins  Cal.  expedt., 

679. 
Scott,  Capt.  L.  S.,  movements  of,   ii. 

515. 
Scott,  Levi,  biog.,  i.  544,  572;  explor. 

party,  544,   ii.    178;    guides   immi 
grants,  i.  558;  leader  of  party,  266; 

wounded,  624;    joins  Cal.    expedt., 

679;    mem.   of   council,    1858-5,  ii. 

296,  323,  349;  of  const,  convention, 

423. 
Scott,  Thos  Fielding,  elected  bishop, 

ii.  685;  death  of,  686. 
Scottsburg,  name,  i.  572;  flood  at,  ii. 

483. 
'Seagull,'  steamer  wrecked,  ii.  341. 


800 


INDEX. 


Seal  of  state,  ii.  444. 

Seaman,   Nelson,   killed  by  Inds,  ii. 

395. 

Sears,  Franklin,  biog.,  i.  469. 
Secession,  proposed,  1842,  i.  306. 
Seletza,  Indian  chief,  i.  684. 
Selitz  reservation,  condition  of  Inds, 

ii.  412. 

Seroc,  Joseph,  killed  by  Inds,  ii.  395. 
Settlement,  difficulties  attending,  i. 

355-6. 

Settlers,  privileges  to,  i.  257;  occupa 
tion,  786-7;  rights  of,  ii.  285-6. 
Saxton,  Charles,  bibliog.,  i.  508-9. 
Seymour,  Admiral,  writes  McLough- 

lin,  i.  497. 
Shacknasty  Jim,    acts  in  Modoc  war, 

ii.  599,  627;  surrenders,  627. 
Shagaratte,  L. ,  death  of,  i.  82. 
Shane,  J.,  killed  by  Inds,  ii.  315. 
Shannon,  Davis,  of  const,  convention, 

ii.  423. 
'Shark,'  U.  S.  schr,  584-5;  wrecked, 

587-8. 

Shark  house,  variety  of  uses,  i.  588. 
Shastas,  The,  trouble  with,  ii.  238-45, 
Shasta   valley,    gold    discovered,    ii. 

185. 
Shattuck,  E.  D.,  candidate  for  legis., 

ii.  337;  promulgates  rep.  doctrines, 

418;  of  const,  convention,   423;  of 

H.     of   Rep.,   1858-9,  434;   library 

director,  694;  Or.  Cent.  R.  R.  Co., 

698. 
Shaw,  A.  R.  C,,  exploring  party,    i. 

532. 

Shaw,  Hilyard,  early  settler,  ii.  299. 
Shaw,  T.  G.,  exploring  party,  i.  532. 
Shaw,  Wm,  biog.,  i.  449;  explores 

Puget  Sound.  453-4;  Capt.   of  Co., 

703;  left  for  Cal.,  ii.  47;   of  H.  of 

Rep.,  142. 

Shea,  C. ,  attacked  by  Inds,  ii.  534. 
Sheil,  Edw.,  military  comdr,  ii.   314; 

of  council,   1857-8,  429;  elected  to 

congress,  450. 
Shelton,  Isaac,  attacked  by  Inds,   ii. 

373. 
Shepard,   Mrs,    work  at  mission,    i. 

160. 
Shephard,    Cyrus,  missionary,  i.   59; 

character,  60;  at  Ft  Vancouver,  80; 

Willamette  miss,  158-61;  marriage, 

159;  death,  182, 

Shephard,  W.  F.,  killed,  ii.  464. 
Sherman,  Gen.,  acts  in  Modoc  affair, 

ii.  602,  605. 

Sherry,  Ross,  biog.,  i.  528. 
Sherwood,  Lt  W.  L.,  attempt  murder 

of,  ii.  612-3. 


Shields,  Jas,  of  const  convention,  ii. 

423. 
Shillingbow,    Adam,    murder  of,  ii. 

577. 
Shipping,  arrivals  and  departures,  ii. 

48-9;  river  and  ocean,  340-1;  hist. 

of  building,  727-9. 
Shirley,    James  Quincy,  biog.  of,  ii. 

723. 
Shively,  John  M.,  biog.,  i.  614;  left 

for  Cal.,  ii.  47. 
Shiiebley,  D.  J.,  editor  and  proprietor 

Or.  Spectator. 

Shroeder,  John,  murder  of,  ii.  577. 
Shrum,    Nicholas,    of  const,   conven 
tion,  ii.  423. 

Shoalwater  bay,  examined,  ii.  248. 
Short,  Amos  M.,  squatter,  trial  of,  ii. 

90;  land  claim,  278-9. 
Short,  H.  R.  M.  B.,  surveys  Portland, 

i.  792. 
Short,  R.  V.,  of  const,  convention,  ii. 

423. 
Shortess,  Robt,  petition  of,  i.  207-11; 

character,  207;  mem.  col  govt,  301, 

304;    scheme,    313;     assists    immi 
grants,  410;  judge,  496;  injured  on 

the  Gazelle,  ii.  340. 
'Shoshone,'  steamer,  ii.  547. 
Shoshone  war,  1866-8,  ii.  512-54. 
Shoshones,  The,  outrages  by,  ii.  216. 
Shumard,  B.  F.,  expedt.  of,  ii.  300. 
Silcott,  John  M.,  claim  of,  ii.  321. 
'Silvie  de  Grasse,  'ship,  ii.  48;  wrkd,49i 
Simon,  Joseph,  biog.  of,  ii.  765. 
Simmons,  Andrew  J.,  biog.,  i.  631. 
Simmons,  Christopher,  first  child,  i. 

464. 
Simmons,  M.  F  ,  biog.,  i.  449;  explores 

Puget  Sound,  463-4;  of  H.  of  Rep., 

ii,  72;  at  indignation  meeting,   162. 
Simmons,  Sam'l,  biog.,  i.  530;  college 

trustee,   ii.    686;    R.  R.    commis  r, 

696. 
Simpson,   Anthony,   Presb.   minister, 

ii.  681. 
Simpson,  Ben  of  H.  of  Rep.,  ii.    143, 

158,  638;  biog.,  143;  surveyor  gen., 

295;  mem.  of  council,  323. 
Simpson,  Sir  George,   feud  with  Mc- 

Loughlin,  i.    37;  tries  murderer  of 

McLoughlin,  jr,  236;  visits  Or.,  250 

-1;   settlement  policy,   316;    letter 

of,  ii.  108. 

Simpson,  Sam'l  L.,  works  of,  ii.  692. 
Sims,  C.,  favors  new  terr.  scheme,  ii. 

255. 

Sims,  John,  murder  of,  ii.  489. 
Sinclair,  Col.  J.  B.,  at  Fort  Boise,  ii. 

519. 


INDEX. 


801 


Sinslaw,  settlement  at,  ii.  759". 
Sioux,  harass  White's  party,  i.  260. 
Siskiyou  co.,  pet.  of  citizens,  ii.  558. 
Skinner,  A.  A.,  circuit  judge,  i.   605; 

left  for  Cal.,  ii.  47;    com.   to  settle 

Cayuse  war  debt,   79;  signs  memo 
rial,  127;  claim  of,  184;    Ind.  com- 

mis'r,  208;  life  and  public  services, 

309-10;  dist  judge,  670. 
Slacum,  W.   A  ,   report  on  miss.,   i. 

88,  101;  U.  S.  agent  in  N.  W.,  100 

-3;  treatment  by  H.  B.  Co.,  101-3; 

aids   settlers,    140-1,    152;   opposes 

H.  B.  Co.,   141-2. 
Slater,  James  H.,  of  H.  of  Rep.,    ii. 

429,  432,  434;  dist  atty,  670;  mem. 

to  congress,  674;  biog.,  674. 
Slavery,  illegal,  i.   307;  proposed  bill 

against,  389;  act  relating  to,  437-9; 

actions  of  free  soilers.  ii,  358-9. 
Sloan,  Joseph,  in  explor.  expedt.,   ii. 

178. 

Small,  Lt,  fight  with  Inds,  ii.  528. 
Small,  Wm  J.,  removes  Inds,  ii.  579- 

80. 
Smith,  A,  B.,    missionary,    i.    137-8; 

Ind.  grammar,  335. 
Smith,  Capt.  A.  J.,  expedt.  of,  ii.  466 

-8 

Smith,  A.  T.,  missionary,   i.   239-40. 
Smith,  Bruce,  murder  of,  ii.  527. 
Smith,  Buford,  biog.,  i.   753. 
Smith,  Delazon,  of  H  of  Rep.,  1854-7. 

ii.  349,  413,  417;  of  const,  conven 
tion,    423;      supports    Lane,     444; 

school  trustee,  682. 
Smith,  Enoch,  trial  of,  ii.  156. 
Smith,  Fred  M.,  established  Port  Or- 

ford,  ii.  193. 

Smith,  Freeman,  claim  of,  ii.  321. 
Smith,  Fabritus  R.,  biog.,  i.  570. 
Smith,  Hiram,  biog.,  i.  527. 
Smith,  Hugh,  in  Ind.  expedt.,  killed, 

ii.  313. 
Smith    J.    E.,    in   immigrant  party, 

1859,  ii.  463. 

Smith,  James,  biog.,  i.  571. 
Smith,  Joseph,   escaped  massacre,  i. 

662. 
Smith,  Joseph  S. ,  elected  to  congress, 

biog.,  ii.  669. 
Smith,    John,   of  anti-slavery  party, 

ii.  359;  del.  to  convention,  418;  H. 

of  Rep.,  638;  school  trustee,   682; 

R.  R.  commis'r,  696. 
Smith,   Miss   M.,    marries,   i.   96;    at 

Willamette  miss.,  161. 
Smith,  Noyes,  mem.  P.  L.   L.   C.,    i. 

297;  biog.,  621;  signs  memorial,  ii. 

127. 

Or.  II.    51 


Smith,  Gen.  P.  F.,  comd  of  riflemen 
i.  613;  in  comd  Pac  division,  ii.  83; 
plans  of,  86-7. 

Smith,  Robert,  biog.,  i.  544. 

Smith,  Sidney,  with  Farnham,  i. 
227-9;  sec.  at  public  meeting,  293; 
mem.  for  col  gov't,  301;  captain, 
304. 

Smith,  Simeon,  biog.,  i.  527. 

Smith,  Solomon,  at  Ft  Vancouver,  i. 
11;  Willamette  miss.,  182;  Clatsop 
miss.,  185. 

Smith,  Thomas,  in  Ind.  expedt.,  ii. 
313;  of  H.  of  Rep.,  414.  417,  668. 

Smith,  Thomas  H.,  census  taker,  i. 
443;  sheriff,  496;  mill  of,  50,  252. 

Smith,  Virgilia  E.  Pringle,  biog.,  i. 
570. 

Snake  or  Lewis  river  region,  charac 
ter,  i.  3. 

Snake  river  massacre,  ii.  468-475. 

Snakes,  the,  trouble  with,  ii.  463-4; 
expedt.  against,  495. 

Siiellback,  Peter,  in  Ind.  expedt.,  ii. 
240. 

Snelling,  G.  L.,  favors  new  ter. 
scheme,  ii.  255. 

Snoqualimichs,  troubles  with,  ii.  07,68. 

Society,  Oregon,  1834,  i.  9-10,  15-17, 
26-28,  42-53. 

'  Southerner, '  stmr,  wrecked,  ii.  341. 

Southern  route,  opening  of,  i.  543-52; 
protection  of,  ii.  475-7. 

Southern  Pacific  R.  R.,  purchase  of 
Or.  &  Cal.  R.  R.,  ii.  747. 

Spalding,  H.  H.,  character,  i.  125; 
journey  to  Ft  Vancouver,  125-35; 
at  Lapwai,  136,  655;  influence  over 
Nez  Perces,  330;  irritability,  330-1; 
opinions  on  agric.,  335-7;  recalled 
toll.  S.,  341;  attending  sick,  656- 
7;  warned  of  massacre,  657-8;  es 
cape  of,  664-5,  686;  Ind.  agent,  ii. 
207;  death,  682. 

Spalding,  Mrs,  marriage,  i.  125-6; 
character,  126;  journey  to  Ft 
Vancouver,  125-35;  at  Lapwai, 
136;  illustrates  scriptures,  336;  in 
formed  of  massacre,  flight,  605-6; 
rescue,  686. 

Sparts,  Rich.,  in  Ind.  expedt,  ii.  221. 

Spauldiiig,  Capt.  J.,  voyage,  ii.  174; 
at  Ft  Vancouver,  184;  leaves,  254; 
report  on  Or.  question,  377. 

Spect,  Jonas,  biog.,  i.  629. 

Speel,  Harris,  biog.,  i.  529. 

Spencer,  Z.  C.,  sec.  of  war,  White 
visits,  i.  254. 

Split-lip,  Chief  Cayuses'  shrewdness, 


802 


INDEX. 


Sportsman,  William,  biog.,  i.  545. 
Spotranes,     missionaries     among,    i. 

121-2,     138;    movements    of,    286; 

character,   339^0;    attack  troops, 

ii.  461. 
Sprague,  Capt.  F.   B.,   expedt.    of,  ii. 

515,   516;    comd.    at  Ft  Klamath, 

532. 

Stage  lines  attacked  by  Inds.,  ii.  523. 
Stanley,  Arad  C.,  biog.  of,  ii.  713. 
Stanton,  Lt.  expedt.  of,  ii.  202-203. 
Stanton,  Alfred,  pion.  1847,  i.  469. 
Stark.  Benj.,  of  H.  of  Rep.,  ii.   296, 

452;  U.  S.  senator,  457. 
Stark,  Benjamin,  jun.,  presents  can 
non  to  Or.  city,  i.  588. 
Stark,  Hy.   A.,   of  Coos  Bay  co.,  ii. 

332;  death  of,  334. 
Starkweather,  W.  A.,  of  H.  of  Rep., 

ii.  349,  417,  452,  666,  671;  of  const. 

convention,  423. 

4  Starling,'  survey  ship,  i.  232;  ii.  48. 
'Star  of  Oregon, '  schr,  i.  248. 
Starr,  Rev.  John  W.,  biog.,  i.  753. 
Starr,      Milton  B.,      of    anti-slavery 

party,  ii.   359;  cong.  minister,  680. 
State  house,  waste  of  appropriation, 

ii.  350;  destroyed,  351. 
State  lands,  acts   relating  to,  ii.  646. 
State     organization,    question   of    ii. 

336-7. 

State  university,  founded,  ii.  689-90. 
Steamboat      navigation,     encourage 
ment,  i.  375. 
Steele,   E.,  favors  new   ter.   scheme, 

ii.    255;   actions   in   Ind.    troubles, 

239-44;    Cal.   Ind.   suptd.,  556-57; 

actions  in  Modoc  war,   571,   600-4; 

petition  favoring  Modocs,  634. 
Steele,  Maj.  gen.  T.,  measures  of,  ii. 

518-19,  526,  527. 
Steen,  Maj.  E.,  expedt.,  of,  ii.  465-8; 

comd.  at  Walla  Walla,  488. 
Steen,  Mt.,  battle  at,  ii.  548. 
Steinberg,  Justin,    apptd.    col  of  Or. 

cavalry,  biog.,  ii.  493. 
Stephens,  James,  biog.,  i.  469. 
Steptoe,   Col,    attacked   by   Inds,    ii. 

460,  461. 

Stevens,  Wm,  murder  of,  ii.  93,  94. 
Stewart,  Benjamin  E.,  biog.,  i.  628. 
Stewart,  P.  G.,  mem.  P.  L.  L.  C., 

i.  297;  mem.  prov.  gov't,  427;  biog.; 

428;  promotor  of   masonry,  ii.    30, 

port  surveyor,  309. 
Sticcas,    Cayuse   chief,   i.    402,     403, 

657;  deception  of,  721-2. 
Stiken,  Simpson  at,  250. 
Stock,  Waiilaptu  miss.,  1839, '41,  i.  338. 
Stone,  building,  ii.  754-5. 


Stone,    David,    biog.,   i.    752;    pros. 

att'y,  ii-  79. 

Stone,  Pleasant,  W.,  claim  of,  ii.  321. 
Stoneman,  Lt  G.}  in  fight  with  Inds, 

ii.  235-238. 
Stout,  George  Sterling,  pion.  1843,  i. 

395. 
Stout,     Lansing,    nomination    of,    ii. 

444;  acts  in  congress,  459;  senator, 

668,  671. 

Stoutenburg,  Geo.,  death  of,  i.  182. 
Stratton,  R.  E.,  pros,  att'y,  ii.  298, 

336,  358;  biog.,  336. 
Strong,  Wm,  murder  of,  ii.  527. 
Strong,  Judge  W.,    arrival,    ii.    102, 

139;  biog.  102;  dissatisfaction  with, 

162-3. 
Stuart,  Capt.,  in  Lee's  exped.,  i.  63; 

with     missionaries,     128;     hunting 

party,  396. 
Stuart  Bot  Capt.  James,  of  mounted 

rifles,  ii.   81;  in  Ind.  fight,  killed, 

326-7. 

Sturges,  Mrs  Susan,  biog.,  i.  752. 
Sublette,  exped.,  i.  60-61;  advice  to 

White,    256-7;   joins  immigration, 

450. 

Sullivan,  Alex.,  killed,  ii.  549. 
'  Sulphur, '  survey  ship,  i.  232. 
Suit,  Michael,  biog.  of,  ii.  715. 
'Sumatra,'  ship,  i.   161. 
Sumner,    Brig.    Gen.    Eb.,   in  com'd 

of  mil.  deprt,  ii.  488. 
Surprise  valley,  named,  i.  549. 
Surveys,  of  lands,  ii.  247-50,  268-75. 
Sutter,   J.    A.,  travelling  to   Cal.,  i. 

165. 
Sutters  Fort,  reception  to  Hastings, 

i.  267;  Peupeumoxmox  at,  286. 
Swamp    lands,    speculations    in,    ii. 

654-8;  sales,  etc.,  of,  760-1. 
Swaney,   A.   W.,   school  trustee,   ii. 

678. 

Swaney,  L.  H.,  drowned,  ii.  341. 
Swearingen,  on  Or.  committee,  i.  350. 
Swinden,  John,  claim  of,  ii.  321. 
Sylvester,  Capt.,  on  Columbia,  i.  424, 

467. 
Sylvester,  E.,  bibliog,  i.  424;  leaves 

for    Cal.,    ii.    47     at    indignation 

meeting,  162. 


Tainey,  R.  C.,  biog.,  i.  630. 
Tallentine,  Mrs  Agnes,  biog.,  i.  631. 
Tamahas,  murders  by,  i.   659;  ii.   94; 

trial,  execution,  96-100. 
Tamanowas,  (evil  eye)  Indian  belief 

in,  i,  335. 


INDEX. 


803 


Tamsucky,  treachery,  i.  660. 
Tandy,  Win,  exped.  of,  ii.  305. 
Taiiitan,  Head  Chief,  Cayuse,  i.  278- 

80;  treatment  of  missionaries,  328, 

654-5, 

Tanner,  Daniel,  death,  i.  561. 
Tarbox,  Stephen,  biog.,  i.  421. 
Tate,  J.  P.,  of  anti-slavery  party,  ii. 

359;  del  to  convention,  418;  of  H. 

of   rep.,   452,   665;    school  trustee, 

682. 

Taylor,  Chief,  killing  of,  ii.,  311-12. 
Taylor,  G-eo.  H.  C.,  claim  of,  ii.  321. 
Taylor,  James,  justice  of  peace,  i. 

612;    in     charge    quarter    masters 

dep't,  705;  of  Or.  Exchange  Co.,  ii. 

54;   school   trustee,    78;   treasurer, 

79. 

Taylor,  John  F.,  biog.,  i.  633. 
Baylor,  Win,  in  Ind.  exped.,  ii.  313; 

senator,  452,  639. 

Taxing  land,  case  relating  to,  ii.  158. 
Tedford,  Eli,  murder  of,  ii.  477. 
Telegraphs,  first  proposal,  ii.   339. 
Tep  Eyck  Anthony,  in  explor.  exped. , 

ii.   176. 
Territory,  necessity  of  gov't,  ii.  4-5; 

division  of,  247,  306 
Tetherow,   Solomon,  com'd  of  co.,   i. 

509;  biog.,  679;  R.  R.  commis'r,  ii. 

696. 
Thanter,  Andrew  G.,  Dist.   Atty.  ii. 

443 ;  elected   to   Cong.    454;   biog. 

454 ;  nom.  Pros.  Atty.  638. 
Thayer,  Gov.,  mention  of,  ii.  760. 
Thayer,W.  W.,  elec.  Gov.,  biog.,  ii.  675. 
Theatrical       performances,        pieces 

played,  i.  574-5. 
The  Dalles,  mission  at,  i.  163-6,  179- 

81,    190;  natives   at,    164,    179-81; 

Whitman  buys,  224,   348;  hostility 

of  Inds,  230;  abandonment  of,  268; 

destruction,    345;  army  headquar 
ters,    703;  supply   post   at,    ii.  91; 

early    trading,     252-3;    town    site 

claim,  289-90. 
The   Dalles   Journal,    newspaper,    ii. 

449. 
Thellar,  Lieut  E.  R.,  in  Modoc  war, 

ii.  615. 
The  Meadows,  fight  at,  1856,  ii.  402- 

The  Times,  newspaper  started,  ii.  147. 
The  Union,  newspaper,  ii.  449. 
'  The  Venture, '  steamer,  ii.  480. 
Thomas,    E.,  appt'd   peace   commis., 

ii.  606;  actions  of,  608-12;  murder 

of,  612;  biog.,  614. 
Thomas,   Lt   Evan,   in    Modoc  war, 

killed,  ii.  616-22;  biog.,  623. 


Thompson,  D.  P.,  capt.  of  Or.  vols, 
ii.  491;  author  of  peace  commis., 
595;  surveyor,  647;  senator,  668, 
671. 

Thompson,  Frank,  robbed  by  Ind's, 
ii.  523. 

Thompson,  I.  F.,  of  anti-slavery 
party,  ii.  359. 

Thompson,  L.  S.,  in  Ind.  expedt.,  ii. 
240;  of  H.  of  rep.,  323. 

Thompson,  Lewis,  Presb.  minister,  ii. 
680. 

Thompson,  origin  of  anti-slavery 
party,  ii.  359. 

Thompson,  R.  R.,  justice  of  peace,  i. 
612;  signs  memorial,  ii.  127;  Ind. 
agent,  312;  steamboat  builder,  480. 

Thompson,  W.,  claim  of,  ii.  321; 
drowned,  396. 

Thornbury,  killing  of,  i.  95,  232. 

Thornbury,  C.  N.,  favors  new  ter. 
scheme,  ii.  255. 

Thornton,  Indian  mission,  i.  55. 

Thornton,  H.  G.,  explor.  road,  ii. 
486. 

Thornton,  J.  Quinn,  biog.  and  bibliog. , 
i.  555-6;  on  routes,  560-6;  supreme 
judge,  566;  delegate,  620;  myste 
rious  departure,  620;  funds  for  ex 
penses,  621;  at  Washington,  755-6; 
claims  authorship  of  bill,  759-61; 
Ind.  sub.  agent,  ii.  70-71,  signs 
memorial,  127;  att'y,  158;  of  H.  of 
rep.,  665. 

Thornton,  Seyburn,  explores  Puget 
sound,  i.  463-4,  531. 

Thorp,  John,  leader  of  party,  i.  450; 
of  H.  of  rep.  1850,  biog.,  ii.  143; 
R.  R.  commis.,  696. 

Thurston,  co'ty,  created,  ii.  166. 

Thurston,  S.  R.,  legislator,  ii.  58,  59; 
first  del.  to  congress,  113-16;  biog., 
113;  character,  115;  actions,  117- 
39;  death,  136. 

Tibbets,  Calvin,  cattle  expedt.,  i. 
142;  atClatsop  miss.,  185-8;  judge, 
496. 

Tichenor,  Wm,  founds  Port  Orford, 
ii.,  193-6;  biog.,  193;  of  H.  of  rep., 
414,  432,  434;  senator,  452. 

Tillamook  co'ty,  hist,  of,  ii.  722. 

Tiloukaikt,  Cayuse  chief,  i.  278-9, 
658;  speech  at  council,  278;  insults 
Whitman,  334;  addresses  Ogden, 
694;  murder  by,  ii.  94;  trial  and 
execution,  96-100. 

Tintinmitsi,  Cayuse  chief,  i.  654. 

Todd  &  Co.,  express  co.  of,  ii.  339. 

Tolman,  J.  C.,  suveyor  gen.,  ii.  295; 
claim  of,  32 Ij  of  Coos  bay  co.,  331. 


804 


INDEX. 


Tolmie,  W.  F.,  on  Ind.  names,  i.  18; 

at  Ft  Vancouver,  34-5;  legislator, 

604,  605;  light  with  Inds.,  ii.  60-9. 
Tomson,  Capt.,  trades  in  Columbia,  i. 

40. 
Tongue   river,  fishery  established,   i. 

467. 
Tonic,  engineer  of  the  'Gazelle,'  ii. 

340. 

'Toulon,'  bark,  i.  588;  ii.  48. 
Toupin,  John,  interpreter,  Fort  Walla 

Walla,  i.  119. 

Town,  Albert,  emigration  co.,  367. 
Townsend,   scientist,  i.  16,  60;  fauna 

named  by,  85-6;  at  Walla  Walla, 

134. 
Trade,  with  Sandwich  Is,   i.  178;  on 

Puget  sound,  ii.  250. 
Transportation,  means  of,  ii.  28. 
Traynor,  Lawrence,  in   fight  at  lava 

beds,  wounded,  ii.  544. 
Treaties,  with  Inds,  ii.  210-18,  318, 

319. 

Trees,  Or.,  224. 

Trickey,  Geo.,  killed  by  Inds,  ii.  396. 
Trimble,    Capt.,    in   Modoc   war,    ii. 

622. 
Trimble,  Christopher,  in  Snake  river 

massacre,  ii.  472. 
Trimble,    Elizabeth,    in   Snake    river 

massacre,  ii.  472. 

Trimble,  Susan,  in  Snake   river  mas 
sacre,  ii.  472. 
Tualatin    Academy,    foundation,     ii. 

34-35. 

Tualatin  county,  boundary,  i.  539. 
Tualatin   plains,    missionaries  settle, 

240. 
Tualatin   river,    made  navigable,    ii. 

256-7. 
Tucker,  Maj.  S.  S.,  of  mounted  rifles, 

ii.  81;  establishes  post,  91. 
Tulles,  W.  R.,  killed  by  Inds,  ii.  395. 
Tumwater,  meaning,  i.  464. 
Tungate,  R.,  in  Ind.  exped.,  ii.   313. 
Turner,  Creed,  trial  and  execution  of, 

ii.  156. 
Turner,  John,  escapes  Inds,  i.  96-7; 

cattle  exped.,  142-7. 
Turnham,  Joel,  shot,  i.  444-5. 
lurnpin,   Capt.,    in  Ind.    exped.,   ii. 

224. 
T'Vault,  W.  G.,  postmaster   general, 

i.  496-7;  com'ds  co.,  509; President 

Or.  Printing  co.,  536;  mem.  of  ex- 

Eres.s,  552;  editor,  575;  orator,  584; 
;gislator,  604;  ii.  432,  434;  biog., 
ii.    29;    defends   Ft   Kendall,    156; 
establishes  PortOrford,  193;explor. 
exped.,  196-200;  att'y,  358. 


Tyghe  Inds,  murders  by,  ii.  489. 
Tyler,  Pres.,  apology 
Or.  bill,  i.  381. 


for  failure  of 


U 


'Umatilla,'  steamer,  ii.  480. 
Umpquaco.,estab.,ii.  151,485;  towns, 

180-1;  hist,  of,  722;  div.  of,  757. 
Umpqua  river,   map,  i.   194;    explor. 

parties  on,  ii.  178-9;  pilotage,  299. 
Umpqua  val.,  Ind.  deps  in,  ii  388-9. 
Umpquas,  missionaries  among, i.  195-6; 

removed  to  reservation,  ii.  388. 
'  Undine, '  brig,  ii.  48. 
Union  county,  hist,  of,  ii.  723. 
Union  Pacific  R.  R.,  lease  of  Or.  R.  & 

Nav.  Co.'s  line,  ii.  748. 
Unitarian  church,  hist,  of,  ii.  687. 
United  States,    men-of-war,    i.    497, 

584-7,     feeling    to    Great  Britain, 

579;  memorials  to  congress,  606-9, 

617-20;  appeal  to,  677-8. 
United  States  court,  appointment  of 

officers  1859,  ii.  442. 
United  States  mail,  first,  i.  747. 
United  States  troops,  ordered  out,  ii. 

235.  as  Ind.  fighters,  236-8. 
University,  actions  to  locate,  ii,   167; 

established,  299;  relocated,  351-2. 
Utter,  in  Snake  river  massacre,  ii. 

471-2. 


Vagrants,  laws,  i.  309. 
Vallejo,  Gen.,  in  Cal.,  i.  143-4. 
Van  Brunt,  G.  I.,  in  survey  exped., 

ii.  248. 

Vance,  Thomas,  death,  i.  454. 
Vancouver,  see  Ft  Vancouver. 
'  Vancouver, '  ship,  wrecked,  ii.  23. 
Vancouver  island,  bishop's  see,  i.  327. 
Vanderpool,  leads  immigrants,    1846, 

i.  559. 
Vanorman,     Alexis,    in   Snake   river 

massacre,  ii.  472. 
Vanorman,     Mark,    in    Snake   river 

massacre,  ii.  472. 

Vanorman,  Mrs,  in  Snake  river  mas 
sacre,  ii,  472. 
Van  Voast,  Capt.,  com'd  at  Cascades, 

ii.  488. 

Vaughn,  Martin,  biog.,  i.  572. 
Vercruysse,     Aloysius,    arrives    July 

1844,  i.  325. 
Veyret,    Father,    arrival,    i.    326;  at 

Ind.  execution,  ii.  99. 
Victor,  Mrs  Francis   F.,  works  of,  i. 

406,  757-8;  ii.  692;  biog.,  i.  757. 


INDEX. 


805 


Victoria,  H.  B.  Co. 's  post  estab.,  i.  598. 

Villard,  Henry,  biog.  of,  ii.  746;  dona 
tion  to  school  fund,  750. 

Vincent,  Bot  Lieut  Col  A.  O.,  at  Ft 
Vancouver,  ii.  532. 

Voters,  qualification  of,  ii.  265-8. 

W 

Wagoner,  I.  B.,  express  rider,  ii.  379, 

Wagner,  Joseph,  killed  by  Inds,  ii. 
395. 

Wagons,  first  across  the  plains,  242. 

Waiilatpu,  miss,  built,  i.  136,  330; 
immigrants  at,  261;  Cay  use  attack, 
268,  333;  described,  337-8;  aban 
doned,  341,  348;  white  people  at, 
647-8;  negotiations  for  sale,  657. 

Wait,  A.  E.,  editor,  i.  575;  in  charge 
of  commisary  dep't,  705;  signs 
memorial,  ii.  127;  of  H.  of  rep., 
158,  296,  432;  mem.  of  council, 
429,  434;  nominated  to  congress, 
638. 

Waldo,  Daniel,  mem.  P.  L.  L.  C.,  i. 
297;  leader  of  St  Clair  Co.,.  393; 
biog.,  and  bibliog,  403;  mem.  prov. 
gov't,  428;  dist.  judge,  496;  county 
treasurer,  612;  joins  Cal.  exped., 
679;  R.  R.  commis'r,  ii.  696. 

Waldo,  Joseph,  biog.,  i.  572. 

Walker,  Mrs,  missionary,  i.  137-8. 

Walker,  Courtney  M.,  miss,  exped.  i. 
59;  character,  60;  clerk,  80,  501. 
at  Ft  William,  92;  Ft  Hall,  229; 
pros,  att'y,  ii.  79. 

Walker,  E.,  missionary,  i.  137-8. 

Walker,  Capt.  J.  H.,  exped.  of,  ii. 
518;  com'd  at  Camp  Smith,  532. 

Walker,  Joel  P.,  life,  i.  240;  goes  to 
Cal.,  249;  judge,  496. 

Walker,  Samuel,  biog.,  i.  469. 

Walker,  W.  T.,  expedt.  of,  ii.  305. 

Walla  Walla,  see  Ft  Walla  Walla. 

Walla  Wallas,  movements,  1845,  i. 
286;  baptized,  317;  cruelty,  645; 
at  council,  1855,  ii.  361-6;  treaty 
with,  366. 

Walla  Walla  valley,  fertility,  i.  338; 
military  posts  in,  ii.  460;  opening 
of,  461. 

Wallace,  at  Clatsop  mission,  i.  185-6. 

Wallace  and  wife,  drowned  at  Little 
Dalles,  1838,  i.  316. 

Wallace,  Leander  C.,  killed,  ii.  67. 

Walker,  Rev.  A.  F.,  missionary,  i. 
177;  at  Dalles,  190. 

Waller,  Jane  L.,  biog.,  i.  632. 

Wallen,  road  expedt.,  ii.  463-5. 

Walling,  L,  supports  Gov.  Lane,  ii. 
93. 


Walker,  Rev.  A.  F.,  dispute  at  Will 
amette  falls,  204-18;  Or.  city  dis 
pute,  223-4;  death,  225;  vs.  Blan- 
chet,  320-1 ;  refuses  aid  immigrants, 
515;  university  trustee,  ii.  299; 
Meth.  preacher,  677. 

Wallowa  county,  organized,  ii.  757-8. 

'Walpole,'  ship,  ii.  48. 

Walter,  E.  L.,  biog.,  i.  528. 

Wampole,  Elias,  Ind.  agent,  ii.  207. 

Wands,  M.  B.,  marries  Gov.  Gaines, 
ii.  159. 

Ward,  Alex.,  massacre  of^party,  ii.  343. 

Ware,  Miss  M.  T.,  missionary,  i.  177; 
marries  D.  Lee,  183. 

Warner,  Lorenzo,  killed  by  Inds.,  ii. 
395. 

Warre,  J.  M.,  road  making,  1846,  i. 
558. 

Warren,  Henry,  at  Vancouver,  i.  500; 
biog.,  632;  of  H.  of  rep.,  ii.  664; 
receiver  of  land  office,  670;  college 
trustee,  684. 

Warren,  R.  K.,  biog.  of,  ii.  765. 

'  Wasco, '  steamer,  ii.  480. 

Wasco  co., organized,  ii.  253;  hist., 724. 

Washington  co'ty,  hist,  of,  ii.  725. 

Washougal,  settlement,  i.  458-9. 

Waters,  James,  assists  immigrants, 
i.  410,  452;  explor.  party,  531;  col 
Or.  army,  732. 

Watkins,  W.  H.,  of  const,  conven 
tion,  ii.  423;  of  Or.  medical  college, 
691. 

Watson,  Lt,  death  of,  ii.  498. 

Watson,  John,  stabbing  affair,  ii.   37. 

Watson,  Keziah,  death,  i.  469. 

Watson,  Mrs  Mary,  biog.,  i.  628. 

Watt,  Ahio,  biog.,  i.  754;  supports 
Gov.  Lane,  ii.  93;  trustee  Or.  acad 
emy,  167. 

Watt,  Joseph,  mem.  P.  L.  L.  C.,  i. 
297;  biog.  bibliog.,  452,  468. 

Watts,  John  W.,  of  const,  convention, 
ii.  423. 

Waunch,  George,  explores  Puget 
Sound,  i.  463-4. 

Waymire,  Fred.,  mem.  of  council,  ii. 
142,  158,  296;  biog.,  142;  enrolling 
officer,  399;  of  H.  of  rep.,  413,  668; 
const,  convention,  423;  senator, 
432,  school  trustee,  678;  R.  R. 
commis'r,  696. 

Waymire,  John,  lieut  immigrant  co., 
i.  509;  exped.  of,  ii.  496. 

Web-foot,  origin,  ii.  40. 

Welch,  Presley,  capt.  of  immigrant 
co.,  i.  509;  runs  for  Gov.,  612. 

Wertz,  Franklin,  biog.  of,  ii.  713. 

West,  John,  founded  town,  ii.  225. 


S06 


INDEX 


Welaptulekt,  Des  Chutes  chief, 
friendly,  i.  709. 

Welch,  Henry  C.,  biog.,  i.  527. 

Western,  Lieut  Chas  B.,  com'd  at 
Camp  Logan,  ii.  532. 

Weaton,  emigrant  rendezvous,  i.  448. 

Weston,  David,  biog.,  i.  265. 

Westport,  founded,  ii.  252. 

Whale  fishery,  value,  1822,  i.  353. 

Whaleshead,  Ind.  attack  at,  ii.  393, 
395. 

Wharton,  Capt.  I.  S.,  com'd  at  Fort 
Colville,  ii.  531. 

Whately,  shot  by  Indians,  i.   561. 

Wheat,  yield,  1888,  ii.  758. 

Wheaton,  in  com'd  at  Klamath,  ii.  573; 
acts  in  Modoc  war,  584-94;  relieved, 
595;  restored  to  com'd,  624. 

Wheelock,  O.,  favors  new  ter.  scheme, 
ii.  255. 

Whidby  island,  in  Puget  Sound,  i. 
464. 

Whitcomb,  J.  L.,  at  Willamette  Is., 
i.  157;  leaves  miss.,  190;  marries, 
190. 

White,  Bartholomew,  biog.,  i.  468. 

White,  Elijah,  character,  i.  155;  at 
Ft  Vancouver,  156.  Willamette 
miss,  157-60;  son  drowned,  178;  at 
Ft  Umpqua,  193;  quarrel  with  Lee, 
196-7;  opposes  Shorter 's  petition, 
210;  dispute  Willamette  Falls,  223; 
in  Washington,  254,  483;  Ind. 
agent,  255,  262-3,  369;  immigra 
tion  efforts,  255-62;  meeting  with 
Tublette,  257;  reception  in  Or., 
262-4;  importance  of  party,  264-5; 
admin,  of  Ind.  affairs,  265-91;  H. 
B.  Co.  transactions,  276;  leaves 
Nez  Perces,  280;  acts  against  li 
quor  dealers,  281;  trial  of,  283; 
gov't  drafts,  288;  biog.,  288-91, 
487;  feeling  against,  296;  mem.  for 
col  gov't,  301;  explores  for  route, 
484-5. 

White,  James,  in  Ind.  exped.,  ii.  240; 
killed  on  the  Gazelle,  340. 

White,  Susan  Bowles,  biog.,    i.  627. 

Whitaker,  John,  of  H.  of  rep.,  ii. 
429,  666,  668,  671;  elected  gov., 
431,  432;  biog.,  431;  resignation 
asked,  457;  mem.  to  congress,  639, 
675. 

Whitley,  Samuel,  biog.,  i.  633. 

Whitman,  Dr  M.,  travels,  i.  105-9, 
124-35;  character.  105-7;  as  sur 
geon,  107-8;  journey  to  Fort  Van 
couver,  124-35;  at  Waiilatpu,  136; 
buys  the  Dalles  miss.,  224;  treat 
ment  of  the  emigrants,  261, 398-406. 


Whitman,  Dr  M.,  the  insults  to, 
330-4;  his  educational  methods, 
338-9;  asks  reenforcement,  340; 
miss,  to  U.  S.,  342-5;  treatment  of 
Inds,  344;  difficulties,  345-8;  ex 
pects  outbreak,  643-4;  obstinacy, 
644-5;  visits  Dalles,  646;  attend 
ing  sick,  656-7;  murder  of,  659. 

Whitman,  Mrs  character,  i.  125; 
journey  to  Ft  Vancouver,  125-35; 
at  Waiilatpu,  136;  insulted,  268; 
murder  of,  660. 

Whitman  massacre,  1847,  i.  639-68. 

Whitman,  Perrin  B.,  at  Dalles,  i. 
644,  667. 

Whitmore,  Brice,  in  Ind.  expedt.,  ii. 
313. 

Whitney,  William,  biog.,  i.  634;  left 
for  Cal.,  ii.  47. 

'Whiton,'bark,  i.  620. 

Whittle,  interpreter,  ii.  598,  599. 

Whitted,  Thos,  of  const,  convention, 
ii.  423. 

Wilbur,  James  H.,  university  trustee, 
ii.  299;  peace  commis'r,  596;  nomi 
nated  U.  S.  senator,  639;  Meth. 
preacher,  677. 

Wilcox,  Ralph,  legislator,  ii.  58,  59, 
142,  158,  323,  638;  biog.,  59. 

Wilkes,  Lt,  expedt.,  i.  246-9;  views 
on  gov't,  295. 

Wilkinson,  Capt.  C.  M.,  founds  Ind. 
school,  ii.  690. 

Wilkinson,  Joseph,  killed  by  Inds., 
ii.  395. 

Willamette,  name,  i.  72. 

Willamette  cattle  co.,  purpose,  i.  141; 
southern  trip,  142-50;  attacked  by 
Inds.,  148-9;  end  of,  179. 

Willamette  falls,  dispute  over,  i.  203. 

Willamette  mission,  built,  i.  64-5, 
78-80;  work  at,  81-9,  154-63,  178- 
9,  190;  arrival  of  missionaries, 
154, 161;  hospital,  162;  importance, 
163;  farming  plan,  163;  failure, 
182;  converts  at,  178-9;  quarrels 
at,  196-8;  deaths,  201;  sold,  221-2j 
Blanchet's  endeavors,  318-19. 

Willamette  river,  land  grants,  i.  375; 
ferry,  440,  443;  navigation  of,  ii. 
256;  bridged,  746-7. 

Willamette  university,  origin,  i.  222. 

Willamette  valley,  configuration,  i. 
1-2;  settlers,  15-17,  66,  73-7,  251, 
252,  465;  missionaries  in,  63-7; 
cattle  introduced,  139-50. 

Willamette  Valley,  Farnham's  ob 
servations,  231 ;  White's  party  in, 
262;  visited  by  Park,  498-9;  dam 
ages  from  freshets,  ii.  64, 


INDEX. 


807 


Willamette   Val.  R.  R.  Co.,  charter 

granted,  ii.  096. 
'  William  &  Ann,'  ship,  i.  40-1. 
Williams,  attacked  by  Inds,  ii.  199- 

201. 
\Villiams,    Mr,    drowned   at  Seattle 

Falls,  1838,  i.  316. 

Williams,  B.,  with  cattle  co.,  i,  145. 
Williams,  Geo.  H.,  of  supreme  court, 

i.  251;  chief  justice,  ii.  306;  biog., 

307;  appeal   against   slavery,    422; 

of   const,   convention,   423;    U.   S. 

senator,  444,  639,  667;  U.  S.   att'y 

gen.,    68;  school  trustee,  685. 
Williams,  James  S.,  in  survey  expect., 

ii.   190. 
Williams,  Capt.  L.  L.,  exped.  of,  ii. 

514. 

Williams,  R.,  attack  on  Inds,  ii.  318. 
Williams,    R.    L.,    capt.  of  vols,    ii. 

379,  387;  resigns,  400. 
Williams,  Rich. ,  elected  to  congress, 

ii.  675. 

Williams,  Lieut,  surveyed  road,  201. 
Williamson,  Henry,  dispute  with  Mc- 

Loughlin,  i.  458-60;  wounded,  624; 

left  for  Cal.,  ii.  47. 
Williamson,  John,  biog.,  i.  569. 
Willow   creek,    Ind.  outrages  at,    ii, 

565. 
Willson,  Mrs  C.  A.  C.,  teacher,  Che- 

meketa  plain,  i.  222. 
"Wilhon,  W.   H.,  character,  i.   155-6; 

at  Willamette  miss.,  160,  162;  Nis- 

qually  miss.,  188;  sec.  of  con.,  303; 

mill  race,  440;  pres.  of  bench,  496; 

loan  comm'r,  676;  of  Or.  Exchange 

co.,  ii.  54;  R.  R.  comm'r,  696. 
Wilson,  Miss,  murder  of,  ii.  377. 
Wilson,  John,  biog.,  i.  637. 
Wilson,  John,  biog.,  ii,  766. 
Wilson,  Joseph  G.,  clerk  of   supreme 

court,     ii.     443;    nominated    pros. 

att'y,  638;  dist  judge,  670;  elected 

to  congress,  674;  biog.,  674. 
Wilson,  Mathew,    murder  of,  ii.  523. 
Wilson,  Simpson,  biog.  of,  ii.  714. 
Wimple,  Adam  E., execution  of,  ii.  156. 
Winchester,  county  seat,  laid  out,  ii. 

183. 

Winchester,   Heman,    in  explor.    ex 
ped.,  ii.   176. 
Wind  river,    discussion  as  to  site  of 

military  post,  i.  376. 
Winslow,     George,     negro,     i.    275; 

quarrel  with  Cockstock,  282. 
Winthrop,  anti  slavery  bill,  i.  389. 
Witner,  John,  murder  of,  ii.  523. 
'  Wolcott, '  brig. ,  ii.  48. 
Wood,  H.,  with  Cattle  co,,  i,  145. 


Wood,    C.,   with  Farnham's  exped., 

227. 
Wood,    J.,   with  Farnham's  exped., 

227. 

Woodbury,  in  explor.  exped.,  ii.  176. 
Woodcock,  Richard,  Capt.  immigra 
tion  1844,  i.  449. 

Woodhull,  David,  killed  on  the  '  Ga 
zelle,  'ii.  340. 

Woodman,  Calvin,  murder  of,  ii.  239. 
Woodward,    Hy.   H.,  in   explor.    ex- 

pedt.,  ii.  176. 
Wood  worth,     C.,      killed       on     the 

'  Gazelle, '  ii.  340. 
Woodworth,  Selim  E.,  dispatches,  i. 

589-90. 
Woods,    Geo.    L.,    promulgates    rep. 

doctns,    ii.    418;    expedt.    of,    479; 

attitude,  526;  Presid't  elector,  667; 

elected  gov.,  668;  Or.  Cent.  R.  R,, 

698,  699. 

Woods,  Margaret  McBride,  biog. ,  i.  628. 
Wool,  clip  of  1887,  ii.  758. 
Wool,  Gen.,  commiss.  on  Ind.  affairs, 

ii.  344-5;  campaign  of,  401-2;   re 
moved,  460. 

Woollen  mills,  i.  468;  ii.  338,  732. 
Wooten,    Serg't,    in   Modoc   war,    ii. 

613. 
Worth,  I.  Q.  A.,  representative,  1860, 

ii.  452. 
Wren,    Charles,    attacked    by   Inds, 

68. 
Wright,  Ben,  in  Ind.  expedt.,  ii.  240. 

Ind.    agent,   391,  392;  death,    394, 

395. 
Wright,  Col  Geo.,  at  The  Dalles,  ii. 

460;  expedt.  of,  461;  in  comd.   Or. 

dist,  488;  removed  to  Cal.,  490. 
Wright,    Rob't    in   Ind.    expedt.,    ii. 

313. 
Wright,  Lt  Thos  F.,  in  Modoc  war, 

killed,  ii.  620-2;  biog.,  623. 
Wrisley  John  B.,  biog.  of,  ii.  713. 
Wyeth,  N.    J.,  builds  Ft  Hall,  i.  14, 

63;  builds  Ft  William,  15;  expedt. 

to  Columbia,  59-70;  purpose  in  Or. , 

70;  meets  Parker,   111,   115;  meets 

missionaries,    131-2;    Or.   memoir., 

373. 
Wygant,  Mrs  T.,  i.  37. 


Xavier,   St  Francis,  naming,  1839,  i. 
318. 

Y 

Yakima,  military  post,  ii.  460;  growth 

of,  757. 


INDEX. 


Yakimas,  Oblate  fathers  among,  i. 
328;  miss,  to,  654;  visit  commis 
sioners,  707-8;  desirous  of  peace, 
709;  at  council,  ii.  361-6;  treaty 
with,  366. 

Yamhill,  name^  i.  72. 

Yamhill  co'ty,  hist,  of,  ii.  725,  726. 

Yamhill,  district  boundary,  i.  310. 

Yamhill  river,  bridge  over,  ii.  257. 

Yantis,  I.  L.,  Presb.  minister,  ii. 
681. 

Yaquina  bay,  explored,  ii.  203. 

Yarnel,  Jeremiah,  claim  of,  ii.  321. 

Yellow  serpent,  see  Peupeumoxmox. 

Yonccalla,  meaning,  i.  568-9. 

Young  bay,  see  Meriweather  bay. 

Young,  Elam,  escaped  massacre,  i. 
662. 

Young,  Ewing,  arrival,  i.  70,  89. 

Young,  I.,  del.  to  convention,  1857, 
ii.  418. 


Young,  Ewing,  adventures,  89-90; 
bad  report  of,  90-1;  relation  Hud 
son  Bay  Co.,  91-9;  settlers  in 
Chehalem  val.,  92;  treatment  of 
Inds.,  95;  leaves,  102-3;  cattle 
transactions,  139-51;  property  of, 
151-2;  death,  292-3;  estate,  439-40. 

York,  J.  W.,  Indian  mission,  i.  55. 

Young,  Joaquin,  claims  property,  i. 
151-2. 

Younger,  Wm,  attacked  by  Inds.,  ii. 
534. 

Yreka,  Modocs  employed  at,  ii.  536.9 


Ziebek,  John  S.,  surveyor  gen.,  1856- 

9,  ii.  295. 

Zumwalt,  Andrew,  biog.,  i.  570. 
Zumwalt,  Elizabeth,  biog.,  i.  570. 


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